Page:Ruffhead - The Statutes at Large - vol 9.djvu/701

 APPENDIX. 227 ■and places of abode of every perfon, as well Peer as Commoner, within their refpective collection, that (hall make default of payment of any of the fums that (hall be rated or afiefled on fuch perfon, for fuch rate or duty by virtue of this Act, and the mm and fums charged on every fuch perfon, the fame to be returned by him into his Majefties Exchequer ; whereupon every perfon fo making default of pay- ment, may be charged by procefs of the Court, according to the courfe thereof in that behalf. XL. Provided .always, and be it enacted, That all _ Conftables, Headboroughs, Tythingmen, and f^uiTc^ other his Majefties Officers, fhall, and are hereby required and enjoyned to be refpectively aiding and ^^oners " 1 ". affifting in the execution of this Act, and to obey and execute fuch Precepts or Warrants, as fhall be [Warrants " to them directed in that behalf, by the refpective Commiffioners hereby appointed, or any two or more of them. XLI. And be it further enacted by the authority aforefaid, That if any action, plaint, fuit or infor- lectin ti i mation mall be commenced or profecuted againft any perfon or perfons for what he or they (hall do in Aft ai-ln plead purfuance, or in execution of this Act, fuch perfon or perfons fo Sued in any Court whatfoever, (hall general lffue, or may plead the General lffue, Not Guilty, and upon any lffue joyned, may give this Act, and the &c ' Special Matter in evidence; and if the Plaintiff or Profecutor (hall become Nonfuit, or forbear further profecution, or fuffer difcontinuance, or if a Verdict pafs againft him, the Defendant and Defendants (hall recover their treble Cofts, for which they (hall have the like remedy, as in any cafes, were cods, by the Law are given to Defendants. XLII. And be it further enacted by the authority aforefaid, That all moneys due and payable by this Coilec-tors to Act, (hall be paid by the particular Collectors of the refpective Counties, Cities, Boroughs, Towns, ££^eceiverGe- Parifhes and Places who (hall collect the fame, unto fuch Receiver General, as (hall by his Majefty be ne.ai, but not appointed to receive the fame, or the Deputy or Deputies of fuch Receiver General, to be appointed un- co "avei above der his Hand and Seal, whereof Notice (hall be given by the Receiver General unto the Commiffioners Iom ' es - or any two of them, within their refpective Divifions, within Ten days after their firft General Meeting, Puniflimentof and fo from time to time within Ten days after every Death or removal of any Deputy, if any fuch fhall rteraTforVettin happen; and the Receipt of fuch Receiver General, his Deputy or Deputies, or any of them, (hall be an % ( /un" S 3 fufficient difcharge unto every fuch Collector. juftjy upon XLIII. And be it further enacted, That the particular Collectors, for payment of any fums by them Colieaors - received unto fuch Receiver General, or his Deputy, (hall not be obliged to travel above Ten miles front- the place of their habitations. XLIV. And for the better preventing fuch unjuft vexations as might be occafioned by fuch perfons as (hall be appointed Receivers General of any of the fums of money granted by this Act : and to the In- tent the Receivers General may return a true account into his Majefties Court of Exchequer, of fuch fums of money as (hall be received by them, and every of them, their, and every of their Deputy and Deputies, Be it further enacted by the authority aforefaid, that if any fuch Receiver General, fhall re- turn or certifie unto the faid Court any fum or fums of money, to be in arrear or unpaid, after the fame have been received, either by fuch Receiver General, or his Deputy or Deputies, or any of them, or (hall caufe any perfon or perfons to be fet Infuper in the faid Court, for any fum or fums of money that hath been fo received, that then every fuch Receiver General fhall forfeit to every perfon and per- fons that fhall be molefted, vexed or damaged, by reafon of fuch unjuft; certificate, return, or letting Infuper, treble the damages that fhall be thereby occafioned, the faid damages to be recovered by Action of debt, bill, plaint or information, in which no effoign, protection, or wager of law fhall be allowed, nor any more than one Imparlance, and (hall alfo forfeit to his Majefty, his heirs and fucceffors, double the ftim that (hall be fo'unjuftly certified, or returned, or caufed to be fet Infuper. XLV. And be it further enacted by the authority aforefaid, That no Commiilloner or Commiffion- Commiffioners ers, who fhall be employed in the execution of this Act (hall be liable, for, or by reafon of fuch execu- PenTines™? 1 tion to any of the Penalties mentioned in an Act made the Five and twentieth year of King 2jCar. 2. Cap.2. Charles the Second, for the preventing of dangers which may happen from Popifh Recufants. XLVI. Provided always, and be it enacted, That all Penalties and Forfeitures to be incurred for any Levying of du- offences againft this Act, for which there is no particular way of levying herein before prefcribed or ap- ties - pointed, fhall be levied by Warrant under the Hands and Seals of two- or more of the refpective Com- miffioners of the divifion or place where any fuch offence was or (hall be committed, by diftrefs and fale of the Goods of the Offender, rendring the Overplus to the Owner thereof, after a deduction of reafon- able charges for diftraining the fame. XLVI1. Provided always, and be it enacted, That if any Collector, appointed by virtue of this Act £ e " aI 9 r u P on to collect the duties hereby granted, fhall neglect or refufe to deliver a Copy or Duplicate fairly written delivering Du'- and finned by him, of the affeffinent, by which he collected the faid Duties, together with the Names, plicates to next of Two or more of the Inhabitants of the Pariih or Place for which he was Collector, to be appointed Collectors. Collectors for the year next enfuing, at fuch time and in fuch manner as herein before is directed, every Collect r fo offending (hall forfeit the fum of twenty pounds to his Majefty, to be recovered and levi.d in fuch manner as herein is directed. XLVIII. Provided always, and be it enacted, That the feveralduties and fums of money due and Overfeers of th* payable by this Act, for, and upon the Burial of any perfon, who in his Life time, and at the time of Tax^o°r p^urs his Death, was relieved where he Inhabited by virtue of any Act of Parliament made for relief of the Burial. Poor (hall be paid and anfwered to his Majefty, by the Church-wardens and Overfeers of the Poor for that Parifh or Place where fuch perfon was laft relieved or maintained, out of fuch money as they (hall receive for the relief of the Poor of their refpective Parifhes or Places, and (hall be allowed the fame upon their accounts ; and in default of payment, the faid Churchwardens and Overfeers (hall be liable to be diftrained upon, and otherwife profecuted and punifhed, in fuch manner, as any other per- G g 2 fon-s