Page:Ruffhead - The Statutes at Large - vol 11.djvu/74

58 the said Guardians, or any nine or more of them, are hereby impowered to make: And in case any such Person shall abscond and depart from the said City with or without making such Payments of any Money so by him collected, or shall compound for the same in manner aforesaid, or shall so secrete himself as to avoid being apprehended and committed as aforesaid; it shall be lawful for the said Corporation, although the same may have been collected again, or made up by Means of any subsequent or intervening Rate in any such Parish, by the Order and to the Use of the said Corporation, in either or any such Case, to sue for, and to recover the same Money so collected, and every Part thereof, against each and every such Person, by Action of Debt, Bill, Plaint, or Information, in any Court of Record in Great Britain, without Limitation of Time; wherein no Essoin, or Wager of Law, or any Imparlance shall be allowed : And upon a Verdict for the said Corporation, they shall recover treble the Amount of the Money so collected, and Treble Costs of Suit, and have such Remedy for the same as any Plaintiff or Plaintiffs hath or have in any other Cases by Law: And which Money and Costs, after deducing all other Costs expended by the said Guardians in or by reason of any such Suit, when received by them, shall be placed to the Credit and to the Account of the particular Parish, from whence and in respect whereof such Money so recovered had been originally collected; and in order to charge every such Person with the Receipt of such Money to be so by him collected as aforesaid, the several and respective Persons paying any such Money, or any Part thereof, shall, and are hereby declared to be good and competent Witnesses to prove any of such Payment by him, her,or them.

XXXII. Provided always, and it is hereby further ena&cd by the Authority aforefaid. That in cafe any Person to whom any such Precept to make and collect any such Rates within any such Parish, for the Use of, and under the Seal of the said Corporation as aforesaid, shall happen to die before all or any Part of such Money to be so rated shall be collected by him, the Whole, or so much thereof as shall remain un- collected by the Person so dying, shall be collected and levied by the surviving Person or Persons to whom each such Warrant or Precept shall from time to time be directed; and be or they shall afterwards execute the same in all Respects herein directed; and all such Money as shall or may, at the Death of any such Person, have been collected and received by him under any such Rate, and remaining in his Hands, shall

within ten Days after such his Decease, be paid by his legal Representative or Representatives, or Person. possessing his late Estate and Effects, to the surviving Person or Persons, or any of them to whom the particular Precept, by virtue whereof such Money had been received, was so directed, who shall be answerable to Pay over the same to Treasurer, or other Person hereby impowered to receive the same, for the Use the same Corporation, under the like Penalty for Disobedience, and subject to the like Remedies against him or them for Recovery thereof by the said Guardians, as if he or they bad originally collected any such Money: And in case any such Representative or Representatives of any such deceased Person, or the Person possessing his late Estate and Estate as aforesaid, shalt neglect or refuse, upon the Demand of such surviving Collector, or of any other Person to be directed by the said Guardians to pay over to such surviving; Collector, or to any other Person whom the said Guardians shall appoint, all the Money having been so collected by, and remaining in the Hands of any such deceafed Person at his Death, it shall be lawful for any one Justice of the said City, upon Complaint to him thereof made by Order of the said Corporation, by Warrant under his Hand and Seal, to levy all such Money by Distress and Sale of the Goods and Chattels, late of the Person so deceased, with the Costs of such Distress and Sale: And for Want of such Distress, it shall be lawful for the said Guardians to sue for and recover any of such Money, although the Deficiency thereof may have been again raised and collected by such Parish by Order of the said Guardians, by Action of Debt, Bill, Plaint, or Information, in any Court of Record in Great Britain, against the Heir at Law, or personal Representative of the Person or Officer being dead; whose real and personal Effects are hereby made severally liable and subject thereto: And upon a Verdict for the said Guardians, they shall, recover Treble Costs of Suit, and have such Remedy for the same, as any Plaintiff or Plaintiffs hath or have in any other Cases by Law; and which Money and Costs. after deducting thereout all the other Costs. expended in such Suit by the said Guardians, when received, shall be placed to the Credit and Account of the Parish, from which such Money, so recovered, had been originally rated and collected : And any Person or Persons having paid any Part of such Rates or Money so having been collected by any such deceased Person before his Death, shall, and are hereby declared to be good, and competent Witnesses to prove any of such Payments by him, her, or them.

XXXIII. And whereas there may be some Houses in the said City, which are lett out in separate Apartments, and others lett ready furnished to Lodgers; Be it therefore further enacted, That every Person, whether Landlord or Tenant, who letts out his or her House in separate Apartments, or ready furnished, shall, for the Purposes of this Act, be deemed the Occupier thereof, and may be rated or assessed accordingly; and shall be liable and subject to the Payment of the Sum so rated or assessed.

XXXIV. Provided always, and be it enacted, That the Goods and Chattels of every Person renting or occupying any separate Apartment in any such Houses, or renting or occupying any ready-furnished House shall be liable to be distrained and sold, for the Payment of the Rate or Assessment; and that each and every Person who shall pay such Rate or Assessment, so charged on his or her respective Landlord or Landlords or upon whose Goods and Chattels the same shall be levied in pursuance of this Act, shall and may deduct the same from and out of the next Rent due and payable to his, her, or their Landlord or Landlords, so letting the same; and the Receipt for such Payment shall be a sufficient Discharge to the Landlord or Landlords, for so much Money as he or she shall have so paid or as shall have been so levied on his or her Goods and Chattels, in pursuance of this Act

XXXV. And be it further enacted, by the Authority aforesaid, That it shall and may be lawful for the said Guardians, or any nine or more of them at any of their public Meetings, tomorrow and take