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Dec Sess.
1815.
Proviso.
Accounts of
receipts and
expenditures--
delinquencies
--suits.
Vacancies.
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proprietors, by making a lease of the whole or any part of the
said branch or adjoining upland belonging to such delinquent
proprietor or proprietors, for any term not exceeding five years,
and disposing of the said lease for the best price in current
money that can be had for the same at public sale, and on the
same notice as is before directed, and if there shall be any over-
plus of the money raised by distress, or lease and sale as afore-
said, remaining in the hands of the said directors, after paying
the proportion of the said proprietor or proprietors in arrear
as aforesaid, and the expences of the distress or lease and sale
as aforesaid, the said overplus shall be returned to the said pro-
prietor or proprietors to whom it belongs; Provided always,
that if any proprietor or proprietors from whom any arrears
shall be due as aforesaid shall be under the age of twenty one
years, it shall not be lawful for the said directors, during the
infancy of such proprietor or proprietors to raise the said ar-
rears or any part thereof, by distress and sale of personal prop-
erty as aforesaid,
6. AND BE IT ENACTED, That the directors to be
chosen in virtue of this act, and each of them shall, at the ex-
piration of the year for which they shall be chosen, produce to
the proprietors a full and fair account of the money received by
them and each of them, and from whom received, and how ex-
pended, and shall pay the balance if any remaining in his or
their hands, to directors to be chosen for the next year; and in
case any of the said directors shall misapply or refuse to pay
over as aforesaid, any sum or sums of money to be received in
virtue of this act, it shall and may be lawful for the proprietors
of the said branch, or a majority of them, to nominate and ap-
point one of the said proprietors for the purpose of asking, de-
manding, recovering, and in case of refusal suing for and re-
covering from the said director or directors, such sum or sums
of money misapplied or refused to be paid over as aforesaid,
in which said suit or suits to be brought in virtue of this act,
it shall and may be lawful for the person appointed at aforesaid,
his executor or administrator, to declare generally for money
had and received for bis or their use, and give this act and the
special mutter in evidence; in which said suit or suits the de-
fendants shall be allowed but one imparlance, and the money
so received and recovered shall be paid to the directors chosen
in virtue of this act for the time being, who shall apply the
same to the opening, cutting, cleansing and repairing the said
ditch or drain, in the manner herein before directed.
7. AND BE IT ENACTED, That in case of death or re-
signation, refusal or disqualification to act, of any of the per-
sons chosen directors, at any time hereafter, it shall and may
be lawful for the said other directors to meet as soon as conve-
niently may be thereafter, at their place of meeting as afore-
said, and choose a person in his stead to act as director till the
next annual meeting of the said proprietors.
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