Page:Ruffhead - The Statutes at Large - vol 6.djvu/621

 A. D. 1744. Anno decimo feptlmo Gkorgii II. C. 29. 555 I to be applied towards the Fund intended to be raifud by this Act, tin- Monty which fuch Pcrfon or Per- fons is or are by the faid Rate liable to pay, to be recovered by the laid Chamberlain in the Court of the
 * Lord Mayor of the faid City, together with full Colls, uhlefs the Perfon againft whom fuch Warrant

fhall be demanded, fliall by the Deputy and Common Council of the fail Ward, or the Major Part of them, be allowed, certified, and returned to the Chamberlain of the laid City, as a Pcrfon unable to pay the faid Rate or Afleflment. XVI. And be it further enacted, That if any Collector or Collectors {hall happen to depart this Life Direflior.s, if i before he or they fliall have fully paid and fatislied all the Money by him or them collected by virtue oif Collector die be- this Act, and fliall leave Aflets fufHcient to pay the fame; that then, and in every fuch Cafe, the Exe- '""I'^m'*- cutors or Adminiftrators of every fuch Collector or Collectors, fhall, in the firft Place, out of fuch Affcts, boHcq.iJ, pay unto the Chamberlain of London, for the Time being, all Sums of Money by fuch Collector or Col- lectors fo received, and not paid, or fo much thereof as the faid Aflets will extend to pay, whofe Receipt fliall be a good Discharge for fuch Money ; and every Executor or Adminiftrator may, to any Action or Suit commenced or brought againft him, plead or give in Evidence the Payment of the fame, and fliall be allowed Payment of the fame out of fuch Aflets, prior to any other Debt or Demand whatsoever; and in Cafe of Nonpayment of the fame by the Space of ten Days after the fame fliall be demanded, it fliall and may be lawful to and for the Chamberlain of London for the Time being, and he is hereby directed and required, in his own Name, to commence one or more Action or Actions in the Court of the Lord , Mayor of London, againft fuch Executors or Adminiftrators for the fame. XVII. And to the Intent that fubftantial Perfons may be chofen and appointed Collectors in each If any Colltflor Ward, Be it further ena&ed by the Authority aforefaid, That in Cafe any Collector or Receiver of the ™ be ^' c ^™°~ faid Rates and Affeflments fhall imbezil, make away with, detain or mifapply any Sum or Sums of Mo- Affcflment (hail ney fo collected by him for the Ufes aforefaid, fo that the fame cannot be recovered, or fliall die pof- be made, felted of any Sum or Sums of Money by him or them collected by virtue of this Act, and which fliall not be paid by his Executors or Adminiftrators, that then and in every fuch Cafe, fuch Sum and Sums of Money fhall be again rated and aflefled on the Inhabitants of each Ward by the Alderman, with the Confent and Advice of his Deputy and Common Council Men, or the major Part of them, in fuch Propor- tion and Manner as the Rates are directed to be made by this Act, and fliall be collected, levied, and di- ftrained for, in fuch Manner, and under fuch Penalties, as are herein provided for the collecting and levying the Rates due and payable by this Act. ' XVIII. And whereas it may happen that many Perfons liable to, and that may be charged and rated ' as (hall be rated on them refpectively fliall be paid, quit and leave their Dwelling-houfe, Warehoufes, 1 Shops, Vaults, or Cellars, in the Ward where they fliall be fo rated and aflefled, and remove into fome 1 other Ward in the faid City or Liberties thereof, and thereby endeavour to evade the Payment of fuch ' Rates and AfleiTments ;' Be it enacted by the Authority aforefaid, That where any Perfon or Perfons, Diftrefs may be who hath or have been fo rated and aflefled, fhall quit his or their Dwelling-houfe, Warehoufe, Shop, made > ,ho ' ' lie Vault, or Cellar, in the Ward wherein fuch Rate and Afleflment hath been made, before he or they fhall ^" v r ° n in a t ^ z f a . have paid the fame, and fliall afterwards refufe to pay the fame when due, and demanded by the Col- thcr w a rd. lector authorized and appointed to collect, and receive the fame, that then and in every fuch Cafe, it fliall and may be lawful to and for the faid Collector or Receiver, and every or any of them, by Warrant obtained under the Hand and Seal of the Lord Mayor of the faid City for the time being, or of the Al- derman of the Ward where fuch Rate and Afleflment fliall have been made (which Warrant the faid Lord Mayor or Alderman is hereby authorized and required to grant) in any Place within the faid City and Liberties, to take and diftrain the Goods and Chattels of fuch Perfon or Perfons fo neglecting or refufing, and the fame to fell, rendering the Overplus, if any fuch fliall be, after having deducted the reafonable Charges of fuch Diftrefs, to the Owner of fuch Goods and Chattels, demanding the fame ; to be afcer- tained in like Manner as the Cofts and Charges of other Diftreffes are herein before provided and directed to be afcertained. XIX. And be it further enacted by the Authority aforefaid, That every Collector of the Rates and AT- Penalty on CoN feflments aforefaid fliall pay the Money into the Chamber of the City of London as he fliall receive the lector's keeping fame, in fuch Manner that fuch Collector fhall never have a Sum exceeding twenty Pounds fo collected jboveaol. in his at one Time in his Hands, by the Space often Days, provided the Chamber of London be open to receive an Sl the fame ; and if fuch Collector fhall keep and retain in his Hands more than the faid Sum of twenty Pounds longer than ten Days, he fhall forfeit the Sum of five Pounds for every fuch Offence ; to be re- covered and levied in fuch Manner as the Penalties inflicted by this Aft are herein after directed to be re- covered and levied ; and on Payment of every fuch Sum of Money into the Chamber of the faid City, Colleaor to have fuch Collector fhall take a Receipt for the fame from the faid Chamberlain, or one of his Clerks ; in a Receipt from which Receipt fhall be fpecified and exprefled the Name of fuch Collector, the Sum paid, and the Name Chamberlain's of the Ward wherein the Money hath been collected ; and the Chamberlain of the faid City of London c ' er k, o,i his for the Time being, or fuch of his Clerks as fliall be appointed by him for that Purpofe, fliall be obliged, W"& Mone y» and he or they is and are hereby required to give fuch Receipt without Fee or Reward ; and fuch Receipts fhall by the Collector be produced to the Alderman of the Ward, or his Deputy, at the Time he fliall fettle and adjuft his yearly Account ; and fliall by the faid Alderman or his Deputy, be taken and allowed * t0 be accepted by as a full and fufHcient Difcharge for all .and every Sum and Sums of Money fuch Collector or Receiver the Alderman, ihall have received and paid into the Chamber of the City of London, . <••■'■■'■:. ■■'■ •• • >n Difcharge of the Collector. 4 B s XX. And
 * towards defraying the Expence of Lighting the faid City and Liberties thereof, may, before the Sums