Page:Ruffhead - The Statutes at Large - vol 9.djvu/146

 96 C. 2. Anno quarto Georgii III. A. D. 1763, tion of their feveral and refpective Duties, and to ufe their utmoft Endeavours, That all Eftates, and other Things herein charged, may fully and duly pay the Rates and AfTefrments, according to the Directions of of this Act, and fo as his Majeity's Service herein may not be delayed or hindered through any of their wilful Neglect or Default. Lnnds not worth LXXVJ.il. Provided that no poor Perfon fhall be charged with or liable to the Pound-rate impofed by 20s. per Annum, this Act upon Lands, Tenements, or Hereditaments, in England, IValc*, or Berivick upon Tweed, whole not chargeable. ]^ a ' Collectors keep- ing Monies in Of their Hands, to Time than is by this Act directed (other than the Allowance made unto him by this Act) or fhall pay any to forfeit 40I. p art thereof to any Perfon or. Perfons, other than the Receiver General of fuch County or Place, or to his refpective Deputy; every fuch Collector fhall forfeit, for every fuch Offence, the Sum of forty Pounds. refpective Times limited by this Act; or in cafe any fuch Receiver General of any Part of England, Walts, or Berivick upon Tweed, or his Deputy, (hall pay any Part of the faid Monies by any Warrant of the High Treafurer, Commiffioners of the Treafury, or Under Treafurer for the Time being, or upon any Tally of Pro, or Tally of Anticipation, or other Way or Device whatfoever, whereby to divert or hinder the actual Payment thereof into the Receipt of the iixchequer as aforefaid; then every fuch Receiver Ge- neral fhall, for every fuch Offence of himfelf, or his Deputy, forfeit the Sum of five hundred Pounds to him or them that fhall fue for the fame, in any Court of Record, by Bill, Plaint, or Information; where- in no EfToin, Protection, or Wager of Law is to be allowed. Commjffionersof LXXX. And it is hereby further enacted, that the High Treafurer or Commiffioners of the Treafury; the Truafiiry,&c. or Under Treafurer for the Time being, or any of them, do not direct any Warrant to any of the Col- rot to divert the lectors or Receivers General in England, Wales, or Berivick upon Tweed, or their Deputies, for the Pay- P-iyrnems^mo men |- f an y p ar t of the Moni.s hereby given to any Perfon or Perfons, other than into the Receipt of ' ' the Exchequer, as aforefaid; nor fhall they, or any of them, direct any Warrant to the Officers of the Exchequer for linking any Tally of Pro, or Tally of Anticipation, nor do any Matter or Thing whereby to divert the actual Payment of the faid Monies into the Receipt of the Exchequer; nor fhall the Officers of the Exchequer flrike, or direct, or record the linking of any Tally of Pro, or Tally of Anticipation, upon any of the faid Monies, upon any Account or Warrant whatfoever; nor fhall any Teller throw down any Bill, whereby to charge himfelf with any of the faid Monies, until he fhall have actually re- ceived the fame. NoNoliprofequi LXXXI. Provided alfo, and be it enacted, That no Stay of Profecution, upon any Command, War- &c. in any 'rant, Motion, Ord.er, or Direction, by Non liult uterius profequi, fhall be had, made, admitted, received, Suit againft this or allowed by any Court whatfoever, in any Suit or Proceeding, by Action of Debt,. Bill, Plaint, or In- •A#. formation, or otherwife, for the Recovery of all or any the Pains, Penalties, or Forfeitures upon any Per- fon by this Act inflicted, or therein mentioned, or. for or in order to the Conviction, or Difability of any Perfon offending againfl this Act,, in. England, Wales, or Berivick upon Tweed. Commifiioners to LXXXII. Provided always, That if any Perfon or Perfons, who fhall be charged or affeffed by this Act abate where to or with a Pound~rate upon, his, her, or their Manors, Lands, Tenements, Hereditaments, or other the Lands are over- premiffes, fhall, upon Complaint made to the Commiffioners, in fuch manner, and at fuch Times, as are charged, herein directed in Cafes ofiAppeals, make it appear, to the faid Commiffioners, or amy three or more of them then prefent,for hearing' and determining fuch. Appeals, by Proof upon Oath, that fuch Affefiment doth ex- ceed the equa' Pound-rate that ought to, be charged on him, her, or them; in fuch cafe upon, every fuch Proof, and due Examination thereof,, the faid Commmiffioners,. or the major Part of them then prefent, as aforefaid, are hereby impowered toabate and leffen the faid Affeffments, fo much as the fame fhall exceed and to re-affefs, the equal Pound-rate that ought to be charged on him, her,, or them, and fhall caufe the Money fo abated. &c - to be re-afTeffed,. furcharged, and levied, in fuch manner as they, or the major Part of them in their judg- ments and Difcretions fhall. think moil equal, juft, and reafonable, within the whole Hundred, Lathe, Wapentake, or other Divifipn,. where fuch Overcharge or Overcharges do happen, although the Pound- orraifeitonPer- rate f f GU1. Shillings in the Pound.be thereby exceeded;. or if any particular Part or Parts of the fame, or fons under char- arI y p el -f on therein, "fhall appear to them to be undercharged, then the Money fo abated fhall and may be s? " railed upon fuch particular Part or Perfons fo undercharged; fo that the whole Sum payable to his Majeily for fuch Hundred, Lathe, Wapentake, or other Divifion, fhall be fully and duly anfwered. and paid, with-' out being diminifhed by reafon of fuch particular Abatement; any thing herein contained to the contrary notwithstanding. Receiver General LXXXIII. And be itfurther enacted by th; Authority aforefaid. That the Receiver General ofeachCounty aufwenibie for or Diifrictin England, Wales, or Berwick upon Tweed, fhall nominate, conffltute, and appoint fit and proper Depaties. Perfons (for whom he fhall be anfwerable) to be bis Deputy or Deputies, to receive from the faid Sub- collectors all and every the Rates, Duties, and Afleffments by them refpettively collected and received '; to tavelfbore^ anc * the *" ame R- ece i vel " s General are hereby required to nominate and appoint fo many of fuch Deputies in jo Miles; &c. their refpective Counties, that no Sub-collector may be obliged to travel above the Space of ten Miles from hisufual Place of Abode, for the Payment of the faid Monies that fhall be by him collected or received; Receivers not no- and if any fuch Receiver General fhall refufe or neglect to nominate and appoint fuch Deputies, in man- minating Depu- ne r as aforefaid, or fhall wilfully neglect to attend, by himfelf or Deputy-, at the Time and Place by him ties, &c to for- a pp; nte d. forhis respective R-ece-ipte, fuch -Receiver General fhall, for euery- fuch- Offence, forfeit theSum