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Where advance is made for an unfinished work, proprietors or shareholders may be called upon for money to complete the same, in case the expense exceed the estimate;
and may sue for the calls if not paid.
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48. In every case in which any loan or advance shall be made in aid of any work to be undertaken, or upon any incomplete work or undertaking as aforesaid, not in the receipt of any rate, rent, tolls, receipts or profits, or in the receipt of any rate, rent, tolls, or profits which may or shall prove inadequate to the repayment of such loan or advance and the interest thereon in manner aforesaid, the said commissioners shall and they are hereby authorized, if they shall so think fit, to make calls on the proprietors or shareholders of and in the said work or undertaking, in proportion to the amount of their respective subscriptions as proprietors or shareholders therein, for such sum or sums of money as may be necessary to complete the said work or undertaking, in case the expense of completing the same shall exceed the sum estimated for the completion thereof at the time of the application for the said loan or advance; and in default of payment of the said calls within six calendar months from the date of the same being applied for, (and which application the said commissioners are hereby authorized to make by a notice to be left at the usual place of abode of the parties respectively liable to pay the same by such person or persons as the said commissioners may appoint,) it shall be lawful for the said commissioners, in the name of their secretary for the time being, to sue for the same or any part thereof in any court of law or equity.
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