Page:Ruffhead - The Statutes at Large - vol 9.djvu/141

 A. D. 1763. Anno quarto Georgii III. C. 2. 91 XXXVIII. Provided always, and be it enacted, That where any Wood Lands in England, TFales, or Wood may u cut ^Berwick uponTiveed, (hall be affeffed, and no Diftrefs can be had, that in fuch Cafe it {hall and maybe law- ^(^f fola Ful to and for any Collector, Conftable, Headborough or Tythingman, by Warrant under the Hands and Seals of two or more of the Commiflioners of that Hundred or Divifion, at feafonable Times of the Year, to cut and fell to any Perfon or Perfons fo much of the Wood growing on the laid Wood Lands fo afleffed •(Timber Trees excepted) as fhall pay the Affeffment or Affeffments fo behind and unpaid, and the Charge (Timber Trees incident thereunto; and that it fhall and may be lawful for the Perfon or Perfons, and hisor their Afligns, excepted.) to whom fuch Wood fhall be fold, to fell, cut down, difpofe, and carry away the fame to his own Ufe, ren- dering the Overplus (if any be) to the Owner ; any Law to the contrary notwithftanding. XXXIX. Provided always, and be it further enacted, That where any Tax or Affeffment fhall be tythes, Tells, charged or laid on any Tythes, fuch Tolls as are chargeable by this A&, Profits of Markets, Fairs or ^t™}^ 6 f Fifheries, or any other annual Profits, in England, Wales, or Berivick upon Tweed, not diftrainable, in ™ D '" man d', ", c " i cafe the fame fhall not be paid within fix Days after fuch Affeffment fo charged or laid, or demanded, that m3y bc leil ' ed it fhall and may be lawful to and for the Collector, Conftable, or other Officer thereunto appointed, by and ("old. Warrant under the Hands and Seals of any two or more of the Commiflioners authorized by this Act, to feize, take and fell fo much of the faid Tythes, wherefoever they can be found, Tolls, or other Profits, fo charged, as fhall be fufficient for the levying the faid Tax or Affeffment, and all the Charges occafioned by fuch Nonpayment thereof, rendering the Overplus, if any be, to the Owner. ' XL. And, for the better preventing fuch unjuft Vexations as might be occafioned by fuch Perfons as ' fhall be appointed Receivers General of any of the Sums of Money granted by this Act, to be raifed in ' England, Wales, or Berwick uponTweed; and to the Intent the faid Receivers General may return a true ' Account into his Majefty's Court of Exchequer, of any Sum or Sums of Money as fhall be received by ' them, and every of them, their and every of their Deputy or Deputies ;' Be it enacted by the Authority aforefaid, That if any fuch Receiver General fhall return, or certify into the faid Court, any Sum or Sums ReceiverGeneral of Money to be in Arrear, and unpaid, after the fame have been received, either by fuch Receiver General, returning P«r-^ or his Deputy or Deputies, or any of them, or fhall caufe any Perfon or Perfons, or Places, to be fet in- ^ ^° T) ™ a fnper, in the faid Court, for any Sum or Sums of Money that have been fo received ; that then every fuch be ; n Arrear,' "ReceiverGeneral fhall be liable to pay to every Perfon or Perfons that fhall be molefted, vexed or damaged, forfeits treble by reafon of any fuch unjuft Certificate, Return, or fetting itifuper, treble the Damage that fhall be thereby Damages to the occafioned, to be recovered by Action of Debt, Bill, Plaint or Information ; in which no Effoin, Protec- Par 'y grieved, ' tion or Wager of Law, fhall be allowed, or any more than one Imparlance; and fhall alfo forfeit to his and to his Ma- Majefty, his Heirs and Succeffors, double the Sum that {hall be fo unjuftly certified or returned, or caufed J eft 5> <!° ub ' e th =, r • r . oum 10 returned. to he let injuper. ■ XLI. And be it further enacted by the Authority aforefaid, That the Commiflioners that fhall be within Commiflioners to any County, City or Place, within the refpective Limits of England, Wales, or Berwick upon Tweed, or the ^ thc Au major Part of them, {hall tax and affefs every Affeflbr within their Divifions, for all and ftngular the Mat- ters and Things for which by this Act he ought to be taxed and affeffed ; and all Sums afleffed upon every the faid Affeffors, and the Afleffments made and fet by the Affeffors aforefaid, fhall be written, eftreated, levied and gathered, according to the true Intent and Meaning of this Act. XLII. Provided alfo, That no Perfon inhabiting in any Citv, Borough or Town Corporate, in England, None compelled Wafts, or Berivick upon Tweed, fhall be compelled to be an Afleflbr or Colleaor of or for any Part of the tobsAfliflbrsout Rates and Afleffments hereby granted, in any Place or Places out of the Limits of the faid City, Borough ° he c^!&^ ot or Town Corporate. XLIII. Provided always, and be it enacted, That every Rate, Tax and Affeffment, which fhall be made Aflaffments on or impofed by virtue of this Act, in refpect of any Houfe or Tenement which an Ambaffador, Refident, { °™%<> Minifters Agent, or other publick Minifter of any foreign Prince or State, now doth or hereafter fhall inhabit or ^heTandkn-d's'! occupy, fhall -be paid by the Landlord or Owner of the faid Houfes or Tenements refpectively. XLIV. And be it further enacted by the Authority aforefaid, That in all privileged and other Places, i n Places extra- being extraparochial, or not within the Conftablewicks or Precincts of the refpective Affeffors, to be ap- parochial, Com- pointed by virtue of this Act, in England, Wales, or Berwick upon Tweed (although in any monthly or ™]^™ e J^° r " r °" other Tax they have not been rated heretofore) and in all Parifhes where two able and fufficient Inhabi- rnTcoUeaors 15, tants cannot be found, the faid Commiflioners, or any two or more of them, {hall and they are hereby & c. required to nominate and appoint two or more fit Perfons, living in or near the faid privileged or other Places as aforefaid, to be Affeffors for the faid Places, and to make and return the faid Affeffments, in like manner as by this Act is appointed in any Parifh, Tything or Place ; and alfo to appoint two or more Collectors, who are hereby required to collect and pay the fame in manner appointed by this Act for the collecting and paying all the aforefaid Sums of Money chargeable by this Act. XLV. Provided always, and be it further enacted by the Authority aforefaid, That no Commiflioner, ™ jr"™™™ ^ Affeffor or Collector, who fhall be employed in the Execution of this Act, in England, Wales, or Berivick an ' y jther'penaU upon Tweed, {hall be liable, for or by reafon of fuch Execution, to any Penalty or Penalties, other than ties than fuch as ' fuch as by this Act are or may be inflicted for or by reafon of fuch Execution. ar f inftifted by XLVI. Provided always, and be it enacted, That no Perfon fhall be capable, in England, Wales, or Ber- ttjs Aa - wick upon Tweed, of acting as a Commiflioner in the Execution of this Act, or executing any the Powers Commiflioners therein contained (unlefs it be the Power hereby given of adminiftering Oaths) until fuch Time as he fhall ™| £ k ** "fce ■ have taken the Oaths appointed by the Ait of Parliament made in the firft Year of the Reign of his late 0atb s b) . . j c c0, Majefty King George the Firft (intituled, An Ac! for the further Security of his Majefty's Perfon and Govern- i. & c. mint, and the Succejjion of the Crown in the Heirs of the late Princefs Sophia, being Proteflants ; anclfor extin- guijbing the Hopes of the pretended Prince of Wales, and his open and feci et Abetters) ; which Oaths it fhall and N 2 *■ may