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JOHN EAGER HOWARD, Esquire, Governor.
made to the owners of the lands through which such ditch shall pass,
which
compensation, together with all the expences attending the commission,
shall be
paid by the person or persons applying for such commission, and the
ditch, when
cut, shall be kept open and repaired at the expence of the person or
persons who
may apply for the same. |
1790.
CHAP.
III. |
VI. And be it
enacted, That after any way for a ditch shall be laid out agreeably
to this act, the court shall direct the application for such way for
a ditch,
and the return thereof, to be recorded at the expence of the party
applying for
the same, and thereupon and thereafter the privilege of venting and
running off
water through the same shall be vested in the person or persons applying
for and
paying for the same, and to their heirs or assigns for ever. |
Application,
&c. to be recorded,
&c. |
VII. And be
it enacted, That it shall not be lawful for any person or persons
to stop up or charge, or in any manner to impede, the flowing of the
water in
any ditch cut under this act, under the penalty of five pounds for
every such offence
to the party injured, to be recovered before a single magistrate:
Provided
always, that the owner or owners of any lands through which a ditch,
laid out
as aforesaid, may run, shall not be debarred the privilege of crossing
the said ditch
with convenient bridges, and the necessary fences for enclosing and
dividing his
lands. |
Penalty on
persons stopping
the water,
&c. |
VIII. And,
whereas the natural drains, sinks and branches, are frequently
choked up by the falling down of trees, or other obstructions, so as
to occasion
the adjacent land to be overflowed with water, Be
it enacted, That the person
or persons, whose lands, in the counties aforesaid, shall be overflowed
with water
in consequence of impediments from the falling of trees, or the floating
of timber,
or other obstructions, across any natural drain, sink or branch, may
give notice
to the owner of the land on which such impediment may be, and if he
shall refuse
or neglect to remove the same after two days notice, then it shall
be lawful
for the person or persons, whose lands may be overflowed as aforesaid,
to cause
the said impediment to be removed. |
When lands
are overflowed,
notice to
be given, &c. |
IX. Provided
always, and be it further enacted, That nothing in this act shall
be
construed to affect the rights of the owners of water-mills, nor shall
any commissioner,
under this act, have power to lay out a ditch to draw off the water
from
any water-mill. |
Proviso. |
X. And be it
enacted, That each commissioner shall be entitled to seven shillings
and six-pence for every day he shall attend in the execution of such
commission;
that any person, acting as surveyor, shall receive such per diem
allowance as shall
be adjudged by the commissioners, not exceeding fifteen shillings for
every day he
shall necessarily be employed; that each chain-carrier shall be entitled
to receive
five shillings; to be paid by the person at whose request the service
shall be performed,
and, if necessary, attachment shall be issued by the county court to
compel
such payment. |
Allowance to
commissioners,
&c. |
CHAP. IV.
An ACT to enable the honourable John Eager Howard, Esquire,
to convey to the vestry of Saint Paul's parish,
in Baltimore
county, and their successors, a parcel of ground
adjoining the
parsonage lot, near Baltimore-town, for the purposes
therein
mentioned. |
Passed December
14. |
WHEREAS, the vestry of Saint Paul's parish, in Baltimore
county, by
their humble petition to this general assembly have set forth, that
they have built a parsonage house on a lot of ground in Baltimore-town,
for the use and residence of the minister of the said parish for the
time being,
and are carrying on the building of the offices belonging to the same;
and
that in order to complete the said buildings it will be necessary to
have an addition
of a piece of ground adjoining the said lot of ground, beginning at
the north-west |
Preamble. |
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