Page:Ruffhead - The Statutes at Large - vol 9.djvu/700

 226 n.ice of Afieff- mcnti Commiffioners to Alters Com- miffioners. Peifon in corpo- lation not to be Affeffbr with- out. Affefiment of Extruparo- chials. No noli profe- qui for Offen- ders, Per'on coming to live in a Town 2fter Af- feffment may be affeffed by Commiffioners. Punifhment of Collectors neg- lea, &c. Rules betwixt CoUe&ors, and Receivers Ge- neral. APPENDIX. the Commiffioners prefent at fuch general meeting, or the Major part of them, in cafe the moneys de- tained by any fuch Collector or Collectors be not paid or fatisfied, as it ought to be, according to the directions of this Act, fhall and are hereby Impowered and Required to fell and difpofe of all fuch Eftates which (hall be for the Caufe aforefaid Seized and Secured, or any part of them, and to Satisfie and pay into the hands of the Receiver General, the Sum that lhall be fo detained in the Hands of fuch Collector or Collectors, their Heirs, Executors or Administrators refpectively. XXXIII. Provided, and be it further enacted by the Authority aforefaid, that for the avoiding all obstructions and delays in affeffing and collecting the fums which by this Act are to be rated and alTelTed, all places, Conftablewicks, Divilions and Allotments which have ufed to be rated and affelfed, lhall pay and be aliened in fuch County, Hundred, Rape, Wapentake, Conftablewick, Divifion, Place and Al- lotment, as the fame hath heretofore ufually been affeffed in, and not elfewhere. XXXIV. And be it further enacted by the Authority aforefaid, that the Commiffioners that fhall be within any County, City or Place within the refpective Limits, or the major part of them, fhall rate and affefs every other Commiffioner joyned with them, for or in refpect of the rates and duties hereby granted, lb as the refidence and ufual dwelling-place of fuch Commiffioner, fo to be affeffed, be with- in the divifion of fuch Commiffioners by whom he is affefied ; And the Commiffioners within their divifion fhall affefs every affeffor, for all and lingular the premiffes for which, by this Act, he ought to be rated and affeffed ; And as well all fums affeffed upon every the faid Commiffioners and affeffors as the affeffments made and fet by the affeffors aforefaid, fhall be levied and gathered as the fame fhould and ought to have been if fuch Commiffioners had not been named Commiffioners. XXXV. Provided alfo, that no perfon inhabiting in any City, Borough or Town-corporate fhall be compelled to be any affeffor or collector, of, or for any part of the rates and affeffments, hereby granted, in any place or places out of the limits of the faid City, Borough or Town-corporate. XXXVI. -And be it further enacted, that in all privileged and other places, being extraparochial, and not within the conftablewicks or precincts of the refpective affeffors, to be appointed by virtue of this Act, the faid Commiffioners, or any two or more of them, fhall, and are hereby required to nomi- nate and appoint two fit perfons, living in or near the faid priviledged or other places, as aforefaid, to be affeffors for the faid places, and to make and return their faid affeffments in like manner as by this Act is appointed in any parifh, tything or place, and alfo to appoint two or more Collector or Collectors, who are hereby required to collect and pay the fame, according to the rates appointed by this Act; for collecting and paying all fums of money payable by this Act. XXXVII. Provided alfo, and be it enacted, that no flay of profecution upon any Command, War- rant, Motion, or Order, or direction by nonvult ulterius profequi fhall be had, made, admitted, received or allowed by any Court whatfoever, in any fuit or proceeding by Action of Debt, Bill, Plaint or Infor- mation or otherwife, for the recovery of all or any the pains, penalties or forfeitures, upon any perfon or perfons by this Act inflicted or therein mentioned, for, or in order to the Conviction or Difability of any perfon offending againft this Act. ' AXXVlII. And for the more effectual charging all perfons chargeable with any of the duties ari- ' fing by virtue of this Act,' be it enacted by the Authority aforefaid, that if after the affeffments di- rected by this Act fhall be made, any perfon fhall come to inhabit or refide in any divifion or place where fuch perfon was not Rated or Taxed, the Commiffioners acting within fuch divifion or place, are hereby required and impowered to fummon fuch perfon before them ; and unlefs he or fhe fhall produce a Certificate, made according to the directions of this Act, whereby it fhall appear that he or fhe was affeffed, and hath paid the duties arifing by fuch affeffment in fome other place, the faid Commiffioners fhall and are hereby required to caufe fuch perfon to be affefied, and the mo- ney arifing by fuch affeffment, to be levied and paid according to the true intent and meaning of this Act. XXXIX. And be it further enacted, that if any Affeffor, Collector, or other perfon appointed by the Commiffioners, fhall wilfully neglect or refufe to perform his duty in the due and fpeedy execution of this A6t, the faid refpertive Commiffioners, or any three or more of them, may and fhall by virtue of this A<ft, impofe on fuch perfon or perfons fo refuting or neglecting their duties any Fine, not exceeding the fum of twenty pounds for any one offence, the fame to be levied and certified, as aforefaid, and charged upon the refpective Receivers General, amongft the reft of the Rates aforefaid ; And the faid Commif- fioners, or any two or more of them, may or fhall from time to time call for and require an account from the refpective Receivers General of all the money received by them of the faid Collectors, and of the payments thereof irito his Majefties Exchequer, according to the directions of this Act ; And in cafe of a failure in the premiffes the faid Commiffioners, or any two or more of them, are hereby required to caufe the fame to be forthwith levied and paid according to the true intent and meaning of this Act ; And in cafe of any controverfie arifing between the faid Commiffioners concerning the faid rates or affeffments, the Commiffioners that fhall be concerned therein, fhall have no voice, but fhall withdraw during the de- bate of fuch controverfie, until it be determined by the reft of the Commiffioners ; And all queftions and differences that lhall arife touching any of the faid rates, taxes, affeffments or levies, fhall be heard and finally determined by three or more of the Commiffioners ; upon complaint thereof to them made by any perfon or perfons thereby grieved, without further trouble or fuit in Law ; And the faid Receiver General, his deputy or deputies, fhall give acquittances gratis to the faid Collectors for all moneys of them received in purfuance of this Act, which acquittances fhall be a full difcharge to the faid Collec- tors, refpectively; And the faid Collectors fhall make and deliver to the faid Receivers General, their deputy or deputies, a perfect Schedule fairly written in Parchment, under their Hands and Seals, figned and allowed by any two or more of the faid refpective Commiffioners containing the names and firnames 3 and