|
any two of them shall have full power and authority at any time
thereafter, to cut open and complete the said drain or ditch,
and also from time to time to repair, cleanse and keep open, and in
good order, the said ditch or drain so to be opened and cut in
virtue of this act, at the expence of the said proprietors, in the
same proportion that the expences of cutting and opening the
said ditch or drain are to be paid; and for and for the purpose of cut-
ting and opening the said ditch or drain in the first instance,
and or repairing and cleansing the same when cut and opened,
the said directors or any two of them, are hereby authorised to
apportion what they may conceive the expence thereof will
amount to, and demand and receive such proportions, respec-
tively from the said proprietors, before or or at any time after the
commencement of the said work, or after the same is finished;
Provided always, that in as much as it may be inconvenient
for some of the proprietors through whose lands said ditch or
drain shall pass, to satisfy and answer all the expences of cut-
ting and opening said ditch or drain at one time, the said direc-
tors or any two of them may make an estimate of the expence
of cutting the said ditch or drain, through that part of the
branch in which the said ditch or drain shall pass, and appor-
tion the same as above directed, and that the same be paid by
the proprietors respectively of that particular part of the said
branch, unto the said directors, at three annual payments, one
third of which to be discharged on or before the first Monday
of April eighteen hundred and seventeen, one third on or be-
fore the first Monday of April eighteen hundred and eighteen,
and the remaining third on or before the first Monday of April
eighteen hundred and nineteen.
4. AND BE IT ENACTED, That the proprietors of said
branch or any of them, shall not at any time after the said
ditch or drain is cut and opened, permit or put fences or other
obstructions across or in the same; and if any of the said pro-
prietors shall at any time make watering holes in the said ditch
or drain or run fences across, or otherwise obstruct the same,
the said directors or a majority of them may remove the nui-
sance, and fine the offender a sum not exceeding two dollars
for any one offence, to be recovered as hereafter directed, and
applied to defray the general expences of cleansing the said
ditch or drain.
5. AND BE IT ENACTED, That in case the said propri-
etors or any of them, shall not pat to the said directors, his,
her or their respective proportion of any sum of money fixed
and apportioned by the said directors as aforesaid for the pur-
pose of opening, cutting, cleansing or repairing the said ditch
or drain, or fine or fines to be imposed as aforesaid, within
thirty days after demand of the same by the said directors, it
shall and may be lawful for the said directors or any one of
them to collect the proportion due from such delinquent pro-
prietor or proprietors, by distress and public sale of any goods
or chattels of such proprietor or proprietors, which shall be
found on his, her or their part of the said branch or any of
his her or their land adjoining thereto, of which sale five days
notice, excluding the days of notice and sale shall be given
which said sale shall be for current money; or if the said di-
rectors or a majority of them shall think fit, they may raise
the money due as aforesaid from such delinquent proprietor on
|
