Page:Ruffhead - The Statutes at Large - vol 9.djvu/697

 APPENDIX. 223 mg by his or their Goods or Chattels, and' the diftrefs fo taken, to keep by the fpace of Four days, at the cofts and charges of the Owners thereof^ and if the faid Owner do not pay the refpective fums of - Money due by this Act, within the faid Pour days, then the faid diftrefs to be appraifed by two or more of the Inhabitants where the faid diftrefs is taken, and there to be Sold by the faid Officer for payment of the faid Money, and the overplus coming by the faid Sale (if any be) over and above the charges of taking and keeping the faid diftrefs, to be immediately reftored to the Owner thereof ; and moreover it (hall and maybe lawful to Break open (in the day time) any Houfe, and (upon Warrant under the Hands and Seals of two or more of the faid Commiffioners) any Cheft, Trunk, Box or other things, where any fuch Goods are, calling to their affiftance the Conftable, Tythingman, and Headbo- rough within the Counties, Cities, Towns and Places, where any refufal, neglect or reliftance (hall be made ; which faid Officers are hereby required to be aiding and affifting in the premiffes, as they will anfwer the contrary at their Peril ; and if any perfon or perfons, appointed to pay any of the duties charged by this Act, (hall refufe or neglect to pay the faid fum or fums fo appointed to be paid, by the fpace of ten days after demand, as aforefaid, where no fufncient diftrefs can or may be found, whereby the fame may be levied, in every fuch cafe, two or more of the Commiffioners, or two Juftices of the Peace, by this Act appointed for any fuch City, County or Place, are hereby authorized, by Warrant • under their Hands and Seals, to commit fuch perfon or perfons to the Common Gaol, there to be kept without Bail or Mainprize, until payment fhall be made; and if any perfon certified, affeffed, or Perform over* rated, find him or her felf agrieved with fuch affeifing or rating, and do within ten days after notice of ^ ffeire f n V^ foch affeffments given, as herein after is directed, by reading thereof in the Church, complain to the miffionen, ° m " faid Commiffioners who figned or allowed their rate, they or any three or more of them (hall and may, within ten days next after fuch complaint, particularly examine the party fo complaining, upon his or her Oath, of his or her Rank, Degree, Qualification or Eftate, and upon due examination or know- ledge thereof, abate, defalk encreafe or enlarge the faid Affeffment ; and the fame fo abated, encreafed or enlarged, (hall be Eftreated by them into the Exchequer in manner aforefaid ; and to that end the faid Commiffioners are hereby required to meet together for the determining of fuch Complaints and Ap- peals accordingly. XIX. And be it further enacted that for the better and more effectual putting in Execution of this Juftices of Act, the Juftices of the Peace of the feveral and refpective Counties, Ridings, Cities, Towns, Bo- ^ esce Comn ] ;rj roughs and places, within the Kingdom of England, Dominion of Wales, and Town of Berwick upon l°Si^k^ Tweed, (hall and are hereby appointed Commiffioners, for and during the four laft years of the faid Term of five years, for which the Duties .Impofed by this Act are Granted ; Who are hereby Autho- rized and Required, from time to time to put in Execution the feveral Powers and Authorities hereby Granted them, according to the feveral directions of this Act:. XX.. And be it further enacted, for the better and more equal Charging the Duties arifmg by this Cblieflors havr Act, that at the end of every year of the faid term of five years, for which the (aid Duties are hereby u^Afcmr^v Granted, the Collectors for the next preceeding year, fhall caufe a copy of the refpective Affeffments given to' be made^ to them, and of the collection made by them for fuch Divifion, Parifh or Place, for which they were ev ^7 y ear > ani< appointed Collectors reflectively, to be fairly written and figned by them, but with fuch alterations /a^yTaremta therein, as fhall be necefiary by reafon of the Death, change of Quality or Degree, or Removal of any heigh tenths perfon or perfons or otherwife, and at ,the bottom thereof, (hall write or caufe to be written, the Names Afle - !K *i;t,- ef two or more of the moft fubftantial Inhabitants of the refpective Cities, Towns, Boroughs, Divi- fions or Places, for which they were Collectors, whom they in their judgement fhall think fit to be appointed Collectors of the faid duties within the faid Cities, Boroughs, Towns, Divifions or Places re- flectively for the enfuing year; and the faid Collectors are hereby appointed and required to deliver or caufe to be delivered the faid Afieffment fo fairly written and figned by them, together with the Names of the perfons nominated by them, as fit to be Collectors for the year enfuing, or a true Duplicate there- of Signed,- as aforefaid, unto two or more Juftices of the Peace for the refpective Counties, Ridings,. Cities, Towns,, Divifions or Places, for which they were appointed Collectors reflectively, within the fpace of ten days after the end of every year of the faid term of Five years, for which the duties men- tioned in this Act are granted _; which Juftices of the Peace are hereby authorized and required, ftrictly to perufe the fame, and examine the Presenters thereof, and if the laid Juftices or any two of them,, within their feveral limits or divifions, fhall at the time of the delivery of fuch Certificates or afieffrnents,. or within ten days after, have certain knowledge, or have caufe to fufpect, that any perfon or perfons who ought to be mentioned in the faid Certificates, or Affeffments is, or are omitted,, or that any perfon or perfons in the faid Certificate mentioned, is or are of a higher degree or quality, or of a greater Eftate than in the faid Certificate is mentioned, or is otherwife Undercharged, or not duly charged according to the direction of this Act, the faid Juftices., or any two of them, (hall have power to fummen fuch per- fon or perfons to appear before them, at a day and place prefixt to be examined touching the- 1 rates-and duties aforefaid, or touching other matters which may any ways concern the Premiffes ; and if any perfon* - i or perfons fummoned to be fo examined, fhall neglect to appear, not having a reafonabie excufe for- fuch his default, every perfon fo making default, fhall pay unto his Majefty double the fum of the rate he ihould or ought to have been fet at : And moreover, the- faid Juftices of the Peace, to whom fuch Cer- tificates or AflefTrrsents fhall be delivered, or any two of them,, or any other two Juftices of the- Peace of the refpective Counties where fuch AlTeffment (hall be made, r fhall have power, and are hereby re- quired, by all lawful ways and means,, to examine and enquire into,, and concerning the- feveral' De- grees, Ranks, Qualifications and Eftates of fuch- perfons as'are chargeable by this Act and thereupon' to enlarge, alter, abate or diminifli the fiid Affeffments fo delivered to the faid Juftices, fo. that fuch Rate or Rates may be fet and impofed upon every, fuch perfon or perfons as. fhall- be according. to the true- intent