Page:Ruffhead - The Statutes at Large - vol 6.djvu/429

 A. D. 1730. Anno duodecimo Georgii IT. C. 2Q. 367 accuftomed for and towards the Support and Maintenance of the Prifoncrs in his Cuftody, who fhall be flck, or unable to work (not exceeding the prefent Allowance of Fifty Pounds by the Year) and direct the Repairs and Management thereof as they heretofore have done ; and the Treafurer or Treafurers of the Money arifing by the Rates in the faid County of Middle/ex, and City and Liberty of IVefiminJler, hereby appointed to be collected, (hall and is and are hereby required to obey all Orders, which fhall from time to time be made by the faid Juftices of the faid City and Liberty, or the greater Part of them then and there aflembled, at their General or Quarter-Seflions, for the Payment ot any Sum or Sums of Money for the Allowance allotted to fuch Governor, or Mafter of the Houfe of Cor- rection, and the Repairs thereof; which Orders (hall be good and fufficient Difcharges to fuch Treafurer or Treafurers ; any thing herein contained to the contrary thereof in any wife not- withstanding. XVII. And be it further enacted by the Authority aforefaid, That the Juftices of the Peace at their Juices fm- refpective General or Quarter-Seffions, or the greater Part of them then and there aflembled, (hall be oblige Co'nec- and are hereby impowered to oblige, by their Order or Orders, the refpective High Conftables and tors to account, Petty Conftables, or any other Perfon or Perfons who are or have been impowered to levy, collect or receive any Sum or Sums of Money by virtue of and for the Purpofes aforefaid, and who have any Sum or Sums of Money in their Hands, to account with them at their General or Quarter-Seffions, in fbch Manner as High Conftables are directed to account by virtue of this Act ; and in cafe fuch High Conftables or Petty Conftables, or other Perfon or Perfons, (hall refufe to account, or to pay over the Money that (hall remain in their or any of their Hands, when thereunto required by Order of the faid Juftices or the greater Part of them in their refpective General or Quarter-Seflions aflembled ; in either of the faid" Cafes the faid Juftices (hall have the like Remedy againft them or any of them, as they have againft the High Conftables by virtue of this Act, for not accounting for or paying over the Money re- maining in their Hands : And it (hall and may be lawful to and for the faid Juftices at their refpec- f n, ^ o ^ f,er tive General or Quarter-Seflions, or the greater Part of them then and there aflembled, and they are un app°i"d to be hereby impowered, to direct and order the Payment of the refpective Sums of Money which (hall paidto the appear to be remaining due, and not applied or difpofed of, into the Hands of the refpective Trea- Treafurer - furer or Treafurers to be appointed by this Act ; which (hall be deemed to be Part of the Stock of the faid Counties, Cities, Ridings, Divifions, Liberties or Places refpectively ; and to enquire what Sums of Money are due and owing for the Purpofes aforefaid ; and then to order the Payment of fuch Sums as (hall appear to them upon luch Enquiry to be juftly due and owing. XVIII. And be it further enacted by the Authority aforefaid, That no Action or Suit (hall be com- No Aftion a- menced or profecuted againft any Perfon or Perfons who has or have been or (hall be employed in the gajnft Perfons collecting or receiving any Money in purfuance of the faid recited Acts, or this' prefent Act, on any ^° at gj d "^ ch °" Rate or Rates which has or have been or (hall be quafhed or difcharged on any Certiorari brought or to ed by Certiorari, be brought in any of his Majefty's Courts of Record at Weftminfter^ or otherwife, for any Money col- &c - lected or received, or to be collected or received on any fuch Rate or Rates, before fuch Writ of Cer- tiorari was or (hall be brought and allowed ; and that Juftice may be done to fuch Perfons who (hall or over rated to°be may pay towards any Rate which (hall be quaihed or difcharged, the feveral Sums of Money which relieved. fhall appear to have been paid by them on fuch Rate, either in whole, or in part, more than they ought to have paid, (hall be repaid, or allowed to them in the next Rate or Rates which (hall be made in purfuance of this Act, as if the fame had been paid on fuch new Rate or Rates ; any thing in any former Act, or any Law, Ufage or Cuftom to the contrary thereof in any wife notwith- ftanding. XIX. Provided neverthelefs, and it is hereby further enacted, That all and every fuch Perfon and Su c.h Coileftors Perfons fo employed or to be employed (hall account for and pay over the Money by them refpectively ^Jf^ t0 Pay " received, in the fame Manner, and under the like Penalties for any Neglect or Refufal therein, as are to be inflicted by virtue of this Act on any Perfon or Perfons neglecting or refufing to account for, or pay over any Money remaining in his or their Hands, which he or they have received in purfuance hereof; any thing in any of the faid recited Acts contained to the contrary thereof in any wife notwithftanding. XX. And be it further enacted by the Authority aforefaid, That the Juftices of the Peace for the faid Juftices of County of Middle/ex at their General Seffions of the Peace to be holden for the faid County (hall have J^^g * to e the fame Powers and Authorities to put this Act in Execution, as are hereby given them at their Ge- p C ver at their neral Quarter-Seflions ; any thing in this, or any former Act, or any Law, Ufage or Cuftom to the General as at contrary notwithftanding. ^ffionP""" XXI. And be it further enacted by the Authority aforefaid, That no Writ of Certiorari, to remove any Rates made in Purfuance of this Act, or to remove any Orders or other Proceedings taken or made ^ r " t r ; cf n C ™^ [ by the faid refpective General or Quarter-Seffions touching fuch Rates, fhall betaken out or granted, Terms iffuabie. but upon a Motion to be made fome time in the firft Week of the next Term after the Time for ap- pealing from fuch Rates or Orders is expired, and upon making it appear to the Court by Affidavit or otherwife, that the Merits of the Queftion upon fuch Appeal or Orders will by fuch Removal come properly in the Judgment of the faid Court ; and that no fuch Writ of Certiorari fhall be alowed until fufficient Security be given to the refpeilive Treafurer or Treafurers appointed by virtue of this Aft, in the Sum of one hundred Pounds, to profecute fuch Writ of Certiorari with Effect, and to pay the Cofts to be afcertained by the Court to which fuch Rates, Orders or Proceedings (hall be removed, in cafe fuch Rates or Orders fhall be confirmed ; nor fhall any fuch Rates, Orders or Proceedings be quaflied or va- cated for want of Form only; and all Charges attending fuch Removal fhall be defrayed out of that or any fubfequent Rate. XXII. And