| 1805.
CHAP. 53. |
LAWS OF MARYLAND.
the respective proprietors of the same, each paying for the cutting
and opening the said drain or ditch through his own land, except
where it shall so happen that two or more of the said proprietors
hold parts of the said branch through which the said ditch or drain
shall be made, adjoining each other, part on one side thereof and
part on the other, in which case each shall pay in proportion to the
part he shall or may hold. |
Directors authorised
to open and
keep in repair
ditch or drain.
Proviso. |
4. AND BE IT ENACTED, That the said directors,
or any two of
them, shall have full power and authority, at any time hereafter,
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 expense of the said proprietors, in the same proportion that
the expenses of cutting and opening the said ditch or drain are to be
paid; and for the purpose of cutting and opening the said ditch or
drain in the first instance, and of 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 expense
thereof will amount to, and demand and receive such proportions
respectively from the said proprietors, before or at any time after
the commencement of the said work, or after the same is finished;
Provided always, that inasmuch as it may be inconvenient for
some of the proprietors through whose lands said ditch or drain
shall pass, to satisfy answer all the expenses of cutting and
opening said ditch or drain at one time, the said directors, or any
two of them, may make an estimate of the expense of cutting the
said ditch or drain through that part of the branch in which the said
ditch or drain shall pass, and apportion 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 seven, one third on
or before the first Monday of April, eighteen hundred and eight,
and the remaining third on or before the first Monday of April,
eighteen hundred and nine. |
Penalty on proprietors
obstructing
ditch or suffering
cattle to go
into the same. |
5. 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 suffer any of his, her or their horses,
cattle or hogs, to go into the same, or to make water holes in the
said ditch or drain, or put fences or other obstructions across or in
the same; and the said directors, or any two of them, in the case of
horses, hogs or cattle, of the said proprietors, or any of them, being
permitted to go into the ditch or drain aforesaid, may take and
impound them, as for damage-feasant, in which case the usual proceeding
in such distresses shall be observed; and if any of the said
proprietors 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 nuisance,
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 expenses of cleansing the said ditch or drain. |
Proprietors neglecting
to pay
their proportion
of money, the
same may be collected
by distress. |
6. AND BE IT ENACTED, That in case the said
proprietors,, or
any of them, shall not pay to the said directors his, her or their
respective proportion of any sum of money fixed and apportioned |
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