Page:Ruffhead - The Statutes at Large - vol 8.djvu/681

 A. D. 1 761. Anno /ecundo Georgii III. C. 21* 647 XXXVI. And be It further en adled, That if any Perfon or Perfons fhal] ncgle(5^, or refufc, to pay wiiere tiie Rates fnall the Sum or Sums of Money on him, her, or them rated and afTefled by virtue of this A61, for the nocbe pdid within jo Space of ten Days after perfonal Demand thereof, or DemanJ in Writing, left at the Place of Abode ^^^ ^*'^ D^^^and, or Occupation of fuch I'erfon or Perfons fo rated and afleffed, and neglecting or refufingto pay fuch Rate and Aileflment, that then, and in every fuch cafe, it lliall ar.d may be lawful to and for fuch ^^^ Receiver, by War- Receiver or Receivers appointed to receive the faid Rates or Afi'eflments (by Warrant under the Hands '^" ° ^ ''" '"*' and Seals of two or more Juftices of the Peace for the County of Midc'/r/ex^ or for the faid City and Liberty of JVcJhn'injJer^ as the Cafe may happen, which Warrant the faid Jurtices are hereby autho- ,-. . .nr^ r rized and required to grant) by and with the Affiftance of a Conftable of the Parifli or Place where conftable fuch Ncglecl or Refufal fhall happen, who is hereby required to be aiding and afTifting, to enter into any Part of the PremifTes, within the faid City and Liberty, Pariflies or Places, occupied by the Per- i, u r ■ u fon or Perfons fo rated and afTefTed, and todiflrain his, her, and their Goods and Chatties ; and if the ^f chlLes^ bTDiftr'tfs fame fhall not be replevied, or the Monies paid within five Days after fuch Diflrefs made, together with and Sale. the Coits of making fuch Diftrefs, to be afcertained by any two or more of the faid Juftices of the Peace for the faid County, or City and Liberty, as the Cafe ma/ require, then to appraife and fell fo much and fuch Part thereof as will be fufficient to pay the faid Rate and Aflefi'ment, together with all Cofts and Charges attending the faid Dillrefs and Sale, returning the Overplus (if any) to the Owner or Owners of fuch Goods and Chatties. XXXVII. And be it further enacled by the Authority aforefaid, that all the Money raifed by vir- All the Monies raifed & tueof thisAa, and all Monies appropriated, given, or paid, for the Purpofes of this Aft, fhall be, '^eTS b''(he'co12 and the fame are, hereby vefted in the faid CommifTioners, and fhall be by them applied for the Pur- rniiTioners, to be applied pofes of this Aft, and to or for no other Ufe or Purpofe whatfoever. for the Putpofes ot this XXXV IIL And be it further enabled by the Authority aforefaid. That all Penalties and Forfeitures Aa oni>. by this A£l impofed (the manner of levying and recovering whereof is not hereby otherwife parti- Penalties and Forfeitures cularly directed ) fliall be levied and recovered by Diftrefs and Sale of the Oftender's Goods and Chat- i" general, to be levied ties, by Warrant under the Hand and Seal of fuch Juftice of the Peace for the Add County of Md- ^^^^f^^ ituftiJe'-''^ dlefex^ or the City and Liberty of Wejliiiinjter^ as the Cafe may be, which Warrant fuch Juflice is ^"*" ° *■' "^* hereby impowered and required to grant, upon the ConfefTion of the Party or Parties, or upon the Information of any one or more credible Witnefs or WitnefTes, upon Oath (which Oath fuch Ju- ftice is hereby impowered to adminifter)} and the Penalties and Forfeitures when recovered, after ren- and to be paid to the dering the Overplus (if any be) upon Demand, to the Party or Parties whofe Goods and Chatties fliall CommiiiionersTteafurer, be fo diftrained and fold, (the Charges of fuch Diftrefs and Sale being firft deducEled) fhall be paid to the Treafurer to the faid Commillioners for the Time being, and be applied towards the Purpofes of this A(5t. XXXIX. And be it further ena£led. That if any Receiver or Receivers fhall happen to die before Balance of Money re- he or they (hall have fully paid and fatisfied all the Money by him or them received by virtue of this "'thtTrme"Kl°R" A<S, then, and in every fuch Cafe, the Executors or Adminiftrators, Executrix or Adminiftratrix, ceiver's Death is to be or other legal Reprefentative or Reprefentatives, or Perfon or Perfons pofTefling the late Eftate and Ef- paid by the Executors of feds of every fuch Receiver or Receivers, fhall, out of fuch Eftate or EfFeds, pay the faid Treafu- the Deceafed's Eftate j rer or Treafurers for the Time being, all fuch Sums of Money by fuch Receiver or Receivers fo re- ceived and not paid, or fo much thereof as the faid Eftate or Eftedts will extend to pay ; and the j^j .i^ j, - . r Receipt of three or more of the faid CommifTioners fliall be a good Difcharge for fuch Money ; ^"^^g conimt/nonerss°a and every Executor or Admin iftra:tor, or other Perfon as aforefaid, may, to any Adion or Suit fufficient Difcharge for commenced or brought againft him, her or them, plead or give in Evidence the Payment of the fame, the fame j but on Noiv and fhall be allowed Payment of the fame out of fuch Eftate or Effeds ; and in cafe of Non-payment Payment within 21 Days of the fame, by the Space of twenty-one Days after the fame fhall be demanded, it fhall and may be furerm^^fuetheExecwii lawful to and for the faid Treafurer or Treafurers for the Time being, and he or they is and are hereby torj, * directed and required, in his or their own Name or Names, to commence and bring one or more Adlion or Actions in any of his Majefty's Courts of Record at Wejiminjlery againft fuch Executors or Adminiftrators, or other Perfon or Perfons as aforefaid, for the Recovery of the fame. ' leave their Dwelling-houfes, Warehoufes, Shops, Vaults, Cellars, or Tenements, in the Parifli or been fo rated and aflbflbd, fliall quit his, her, or their Dwelling-houfe, Warehoufe, Shop, Vault, Cel- S.'Jj^' h"ve'""idthe lar, or Tenement, in the Parifh or Place wherein fuch Rate or AfTeflrnent has been made, before he^ RatJ, ^^ ^^^ ^^' flie, or they, fhall have paid the fame, and fhall afterwards refufe to pay the fame when due and de- ' . raanded by the Perfon or Perfons authorized and appointed to colled and receive the fame ; that then, ^^^ orrMices for^*^" and in every fuch Cafe, it fhall and may be lawful to and for the faid Receiver or Receivers, and every or Middiefex, or City and any of them, by Warrant obtained under the Hands and Seals of any two or more Juftices of the Peace Liberty of Weftminftef, for the County of Middiefex, or for the faid City and Liberty, as the Cafe fhall happen; which War- rant the faid Juftices are hereby authorized and required to grant in any Place within the faid City and Liberty, Pariflies or Places, or out of the Limits thereof, fuch Warrant being firft backed or ^^^^^^^"^^ fom^Malf- counter-figned by fome Magiftrate in the County, City, or Liberty, where the Diftrefs is to be made; ^^l^^^^ thepTa«w£« to the Diftrefs is to be Blade)
 * XL. And whereas it may happen that many Perfons liable to, and that may be charged and rated
 * towards defraying the Expence of paving, repairing, cleanfing and lighting, the faid Squares, Streets
 * and Lanes, may, before the Sums which fhall be fo rated on them refpedtively fhall be paid, quit and
 * Place where they fhall be fo rated and afTefled, and remove into fome other of the faid Parifhes or Pla-
 * ces, or out of the Limits thereof, and thereby endeavour to evade the Payment of fuch Rates and
 * AflTeflrnents j' Be it therefore further enadted, That where any Perfon or Perfons who hath or have Where Perfons rated ihail