Page:Ruffhead - The Statutes at Large - vol 11.djvu/73

A. D. 1771. or Special Court so direct but for Want of such Direction, then within three Days exclusive after the Ex- piration of the said thirty Days, to be named in every such Precept and Certificate at the Return thereof as aforesaid, to the Treasurer or Treasurers of the said Corporation, or to some Other Person or Persons, to be from time to time appointed by the said Guardians, or any thirteen or more of them, to receive the same for the Use of the said Corporation, and to the Account of every such separate Parish from whence each such Rate shall be raised; and shall, and is and are hereby required, at the Time of making every such Payment of such Money so collected, to deliver over to the Person or Persons so impowered to receive the same, a true and exact Copy or Duplicate of each such Assessment,founding every such Payment, with ail Account underwrote, of any Money therein rated and unavoidably lost through the Insolvency of the Party, or otherwise, through his or her Defect; and of any Money such Churchwardens or Overssers may have expended out of that Rate, by Order of the said Guardians or otherwise, as is herein before mentioned and excepted as to casual Purposes: And in case any such Churchwardens or Overseers, to whom any such Precept and Certificate, under Seal of the said Corporation, shall be directed as aforesaid, shall neglect or re- fuse to receive and obey every such Precept, and to make every such Rate, or to collect the Money thereby required to be raised by such Taxation, and in all Refpectts before mentioned to enforce the raising thereof, and afterwards to pay over such Money when collected, and to deliver over such Copy of every such Asses- ment, within, at such Times, and with such Account underwrote, as is and are herein mentioned and di- rected; every such Churchwarden and Overseer so offending in any of the Matters aforesaid, in the Judge- ment of the said Guardians, in any of their said Weekly, Monthly, or Special Courts, shall forfeit and pay for each such Offence the Sum of ten Pounds, for the Use of the said Corporation; and for Want of such Payment on Demand made by Order of any such Court, the same shall be levied by Distress and Sale of the Offender’s Goods, in Manner herein before mentioned, as to the Recovery of pecuniary Penalties or For- feitures : And in case any such Churchwardens or Overseers shall, after his or their collecting any such Rates, or any Part thereof, become insolvent, or otherwise unable to pay over any such Money so by him collected, or shall die insolvent in thejudgement of the said Corporation assembled in any Monthly or Spe- cial Court; then, and in every such Case, it shall and may be lawful for the said Corporation in any such of their said Courts, after such Negledt or Refusal, or after such Insolvency or Inability, by the like Pre- cept under their common Seal, to appoint any other or others of the Churchwardens or Overseers, or any two substantial Householders in any such Parish, to rate, collect, and receive, and cause to be raised and levied, such Sum or Sums of Money, so required to be raised by each such Parish in any such former Pre- cept, so being neglected or refused to be obeyed by any such the Churchwardens or Overseers of the same Parish, or so much thereof as any of such Churchwardens or Overseers (shall have collected, and afterwards become unable to pay over by the Means aforesaid, and shall not have paid over the same to the said Trea- surer or other Person, for the Use of the said Corporation, in like Manner, and with the same Effect, and with the same Power for the Recovery of every Rate or Taxation, to be made in pursuance thereof; and which Precept such Householders shall, and hereby are Severally required to obey, and to execute and fulfil the Purport and Effect thereof, in all such Cases as fully and effectually in all Respects, and shall be subject to the like Penalty for Disobedience in any Part, with such Remedy for Recovery thereof as is and are here- by before given and directed, in case such Precept had been originally issued to, and executed by, or refused to be obeyed and executed in the whole or in Part by any such the Churchwardens or Overseers of any of the said several Parishes: And so in case any such other Churchwardens or Overseers, or such two Householders in any such Parishes, shall also neglect or refuse to obey any such further Precept, and to make such Rate, and to collect and raise such Money as shall be thereby required, or shall after his or their collecting the same, or any Part thereof, become insolvent, or otherwise unable to pay over any such Money so by him collected, in the Judgement of the said Corporation, then and in every such Case, it shall be lawful for the said Corporation, at any such like Court, to appoint any two Guardians from among themselves, or any two other Persons (not so before appointed) by another such like Precept, under their common Seal, to make and collect such Rate, and to raise and levy such Money, or so much thereof as shall be so wanting to be raised by and out of any such Parish, in such Manner, and with such Powers as is and are before men- tioned, had such Precept been originally executed in all Respects by any the Churchwardens and Overseers of the Poor of the same Parish, having been first so appointed as aforesaid, and subject to the like Penalty for Disobedience, or defective Execution thereof, by such Guardians, or either of them, in every Instance, as is before appointed, as to every first or original Precept.

XXXI. And it is hereby further enacted, by the Authority aforesaid, That in case any of the Persons who shall be so appointed to rate, raise, and collect, any of the said Sums of Money directed by the said Guardians to be raised in and by any of the said Parishes as aforesaid, shall, after he, they, or any of them shall have so collected and received ail or any of such Monies, embezzle or expend the same; or Hull refute or neglect to pay over the same Money, and to account to the said Treasurer of the said Corporation, or to such other Peson as is herein, or as the said Corporation shall direct as aforesaid; it shall be lawful for any one Justice of the said City, on Complaint thereof to him made by the said Guardians, by any Order of any subsequeut Court, by Warrant under his Hand and Seal, and who is hereby required to grant the same, to cause such Money to be forthwith levied by Distress and Sale of the Goods and Chattels of every such Person or Persons, with the Costs of such Distress and Sale, to be allowed of by such Justices: And in case no such sufficient Distress can be bad and made, then, by such like Warrant, to cause such Person or Persons to offending, to be apprehended, and to commit him or them to the Common Gaol of the said City; these to remain without Bail or Mainprize, until he or they shall pay all such Money and Charges, and shall account and conform according to the Edict of such Precept, for making any such Rate, and according to the Tenor of this Act, or have compounded for such Money; which Composition