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Mode of appointing Trustees.
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CXX. And be it enacted, That in every Case where no Navigation shall have been improved or formed in connexion with Drainage, or where no Reservoir shall have been constructed under the Provisions of this Act in any such District as aforesaid, the said Commissioners shall and they are hereby required to call a Meeting of the Proprietors of the Land included in such District, within Three Calendar Months at least after the Date and Execution of the said Award, by Notice to be inserted once in each Week for Three successive Weeks in some One or more Newspaper or Newspapers usually circulated in the Vicinity of such Land, and to be posted in the usual Places for posting Grand Jury Notices in every Barony, County of a City, or County of a Town in which any Part of such District shall be situate, in order to make Choice of Trustees for the further Execution of this Act; and such Trustees so to be chosen shall not be less than Three nor more than Nine, and they shall continue in Office for the Term of Three Years from the Time of their Election, and until new Trustees are appointed in manner herein-after mentioned; and at the Expiration of every such Term of Three Years, and also at the Expiration of every succeeding Term of Three Years for ever thereafter, new Trustees shall from Time to Time be in like Manner chosen, by the Proprietors of the Lands included in such District, at a Meeting for that Purpose to be holden; and the said Trustees that shall afterwards be elected shall be chosen by the Proprietors of the greater Portion of such Lands in Value (such Value to be calculated according to the Proportions of that annual Rate or Tax with which they shall be respectively chargeable by virtue of this Act), or by the Assent of such Proprietors, certified in Writing under their Hands in Books to be kept for that Purpose; and such Trustees, or the Majority of them for the Time being, are hereby fully authorized to make, alter, support, and maintain, or cause to be made, supported, altered, and maintained, all such Cuts, Drains, Banks Sluices, Tunnels, Bridges, Engines, Buildings, and other Works, in and about the Land so drained as aforesaid, as they shall think necessary for draining and preserving the same; and all the Powers and Provisions of this Act, relating to the Commissioners, which apply to or can be exercised by the said Trustees, as if the said Trustees as well as the said Commissioners had been expressly mentioned in such Powers and Provisions respectively; and in case any Trustee shall die, or refuse or become incapable to act in the Execution of this Act, before the Expiration of the Term of Three Years for or during which he shall have been chosen to act, a Person shall be chosen to be a Trustee in his Room during the Remainder of the Term of Three Years, at a Meeting to be called for that Purpose, in like Manner as the said Trustees are herein-before directed to be elected at the Expiration of every such Term of Three Years; and that every such Trustee being so chosen shall, during the Remainder of the existing Term of Three Years, have the like Powers and Authorities whatsoever to all Intents and Purposes as the Trustee in the Room or Stead of whom he shall be chosen would have had by virtue of this Act if in being and continuing to act in the Execution of the Trusts and Purposes herein-before mentioned: Provided always, that after the Expiration of every Term of Three Years, and after the Death, Refusal, or Incapacity of any Trustee, and until new Trustees or new Trustee shall from Time to Time be elected in manner herein-before directed, the lastly-elected or the surviving or continuing Trustees for the Time being shall have the like Powers and Authorities, to all Intents and Purposes, and shall continue to act in the Execution of the Trusts and Purposes herein-before mentioned, as if the Period of their original Election had not expired, or as if a new Trustee had been appointed.
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