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ROBERT BOWIE, ESQUIRE, GOVERNOR.
by the said directors as aforesaid, for the purpose 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
form such delinquent proprietor or proprietors by distress and public
sale of any goods or chattels of such proprietor or proprietors
which shall be found in his, her or their land adjoining thereto, of
which sale
five days notice, excluding the day of notice and sale, shall be
given, which said sale shall be for current money; or if the said directors,
or a majority of them, shall think fit, they may raise the
money due as aforesaid from 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 overplus of the money raised by
distress, or lease and sale as aforesaid, remaining in the hands of
the said directors, after paying the proportion of the said proprietor
or proprietors in arrear as aforesaid, and the expenses of the
distress, (or lease,) and sale as aforesaid, the said overplus shall
be returned to the said proprietor 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 arrears, or any part thereof, by distress and sale of personal
property as aforesaid. |
1805.
CHAP. 53.
Proviso. |
7. AND BE IT ENACTED, That the directors to
be chosen in virtue
of this act, and each of them, shall, at the expiration 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 expended, 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 appoint one of the said proprietors for the purpose
of asking, demanding, recovering, and in case of refusal, suing
for and recovering, 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 as aforesaid, his
executor or administrator, to declare generally for money had and
received for his or their use, and give this act and the special matter
in evidence, in which said suit or suits the defendants 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. |
Directors to produce
an account
of monies received
and expended. |
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