Page:Ruffhead - The Statutes at Large - vol 8.djvu/167

 A. D. 1757* Anno tricefimo Georgii II. C. 35. 133 XIV And to the End that a fufficient Sum of Money may be foeedily raifed for the Purpofes of this Commlflloner* Act • Be it enacted. That the faid CommiiTioners, oi any nine or more of them, fhall have Power and "^y bonow Authority at any of their Meetings as aforefaid, from time to time, to borrow any Sum or Sums of Mo- j^ °"f °" "^ ^ ney which they fhall thinlc necelTary ; and by Writing under their Hands^ and Seals, to aflign over the faid yearly Rates and Taxes hereby charged or to be charged upon the faiJ Fen Lands and Low Grounds, and every or any Part thereof (the Cofts and Charges ofluch Aifignnient to be paid out of the faid Tax) as a Security for the Payment of fuch Sum or Sums with Intereft, not exceeding five Pounds per Centum v/hhlmeteR, per Annu7n^ to the Perfon or Perfons, his, her or their TruC:ee or Traftees, who fhall advance or lend fuch Sum or Sums and that the Expences of obtaining this Act of Parliament, fhall in the firfc Place AppHcation of be paid and dlfcharged out of the Money fo borrowed, and the Refidue of the Money fhall be applied ^^^^^°ll^ and difpofed of in making fuch Drains, Dams, Banks, Tunnels and Outlets, erecting fuch Works and """^ * Engines, and doing fuch other Works as fhall be neceffary for draining and iuiproving the faid Fen Lands and Low (jrounds, and to no other Ufe or Purpofe whatfoever. XV Provided always, That the principal Money to be borrowed fhall never exceed in the Whole the Principal not to Sum of four thoufand Pounds. ^"<='' 4"°°'- XVI. And be it further enabled and declared. That the Rates, Taxes and Sums of Money, afTeired Rates charged and to be ailefied by virtue of this A61:, upon the faid Fen Lands and Low Grounds, fhall be charged ^p^j 3„^ in-*" and chargeable in the firft Place with the Payment of the Principal Money fo to be borrowed, and the jg^^,^^ Interefl of fuch Money from time to time, and fliall veft in the refpedlive Creditors, upon Default of ^^^ Jj^j^g^.pjy. Payment of fuch Principal and Intcrell:, until the fame fhall be fully fatisfied and paid, together with ment to veft m the Cofts and Charges occafioned by the Non-payment thereof; and the faid Creditors, their Executors, the Creditors. Adminiflrators and AiTigns refpedtively, fhall have the fame Powers, Rights and Privileges of raifmg and recovering the feveral Taxes and Sums of Money payable by the feveral Owners and Occupiers of the faid Fen Lands and Low^Grounds, for and in refpecl of fuch Principal Money and Intereft in cafe of De- fault of Payment thereof, as the faid CommifTioners or their Colle6tors could have had in cafe the faid Principal and Intereft had been regularly and fully fatisfied and paid. XVII. And be it further enafted. That every Perfon to whom any AfTignment of the faid Rates and Afllgnmentsmax- Taxes fliall be made for fecuring any fuch Sum or Sums of Money lent as aforefaid, or who fhall be in- be transferred.' titled to the Money thereby fecured, fhall have full Power from time to time, by Indorfement on the original Grant or Security, without Stamp, to afTign or transfer the fame to any Perfon or Perfons whom- foever ; and fuch Transferor AfTignment, from and after the Time that the fime is entered in a Book Entry to be to be kept by the faid CommifTioners for that Purpofe (which Entry their Clerk or Treafurer is hereby '"»''« tliereo . required to make upon producing fuch AfTignment, and Payment of one Shilling for the faid Entry) fhall intitle fuch AfTignee or AfTignees, his, her or their Executors, Adminiftrators or AfTigns to the faid prin- cipal Sum, and all Intereft due and to grow due thereupon ; and fuch AfTign.e or AfTignees may in like Manner affign again, and fo taties quoties as Occafion fhall require, every fuch Afngnment being entered as aforefaid.. XVIII. And be it further enacted. That if any Perfon or Perfons fo rated and taxed as aforefaid, fhall Rates on No«- refufe or negledt to pay the Rates or Taxes charged upon him, her or them refpedively, for the Space q^ ^y^^^^> ^^^^ ' twenty-one Days after the refpe£l:ive Times of Payment to be appointed by the faid CommifTioners ievler'by^Diftrefir (publick Notice thereof being affixed upon the Door of the Parifh Church where fuch Lands fhall lie, by and Sale. the Collector or Receiver for the Time being) it fliall be lawful for fuch CollecSfor or Receiver refpec- tively, or for any other Perfon or Perfons, by virtue of any Warrant or Precept under the Hands and Seals oi five or more of the faid CommifTioners (which Warrant or Precept fuch CommifTioners, or any- iive or more of them, are hereby impowered and required from time to time to make as Occafion fhall require) to levy the Sum or Sums fo aiTefled and rated, by Diftrefs and Sale of fuch Goods and Chattels as fhall be found upon all or any of the Grounds and Premiftes fo charged with any Sum or Sums of Money (if any Diftrefs can be found thereon) and the Goods and Chattels fo diftrained to keep, by the Space of five Days, at the Cofls and Charges of the Owner or Owners thereof; and if fuch Owner or- Owners fhall not within the faid Space of hve Days pay the Sum or Sums fo afTeffed or rated, that then the Goods and Chattels fo diflrained, fhall be appraifed^by two or more of the Inhabitants of the Townfiiip or Parifh where the fame fhall be taken, or other fufficient Perfons, and be fold by the faid Golledtor or CoUeilors, Receiver or Receivers, for Payment of the faid Money ; and the Overplus (if any) after the Sum or Sums fo rated and afieffed, and the Charges of taking, keeping and felling, the faid Diftrefs are deducted, fhall be returned to the Owner or Owners thereof upon Demand ; and the. feveral Tenants to pay and refpeffive Tenants, of all and fingular the faid Fen Lands and Low Grounds bounded and defcribed 'he Rates, and as aforefaid, which are or fliall be rated or a'icficd by virtue of this Ail, are hereby required and autho- '^'^t"^ ^h^R^^t rized to pay the Sum or Sums of Money fo aftefled and charged upon fuch Fen Lands andXow Grounds, ^" and to dedudl out of the Rents fo much of the faid AiTeflrnent or Rate, as the faid Fen Lands or Low Grounds, or the Tenant or Tenants in refpeit theieof, are or fhall be afTefted or rated at; and the Land- lords both mediate and immediate, according to their refpedive Interefts, are hereby required to allow- fuch Dedudtion and Payment upon Receipt of the Refidue of their Rent ; and every Tenant paying fuch Affeffment or Rate, fhall be acquitted and difcharged for fo much Money as the faid AfTeflment or Rate fhall amount unto, as if the fame had been actually paid to the Perfon or Perfons intitled to the Rent of fuch Lands or Grounds, except where there is a Leafe of three or more Years to come from the Comr Exceptioft, * fflftencemeat of this MX ^ ju which. Cafe the Proportion, of the AffeJIment. or Rate, which the Tenant Qught -. CO