Page:The Statutes of the Realm Vol 9 (1708-13).pdf/1040

Header: left 994 Persons liable, to pay to such Collectors. 101 orvov de bolo V. Collectors and Surveyors to account monthly, upon Oath, before Justice of Peace. Overplus paid to Trustees, or as they shall appoint, for the Purposes of this Act. Allowance to Surveyors and Collectors. VI. If Collectors do not make Account and Payment, Proceedings by Quarter Sessions. Penalty. AND in case the said Collector or Collectors or Receiver or Receivers of the aforesaid Toll or Duty so to be paid as aforesaid or any of them shall not make such Account and Payment unto such Person and Persons according to the Order and Directions of the said Trustees or any Ten or more of them met in their Quarter Sessions as aforesaid that then the said Trustees shall make Enquiry of or concerning such Default as well by Confession of the said Parties themselves as by the Testimony of Two or more credible Witnesses upon Oath (which Oath the said Trustees are hereby impowered to administer) and if any Person or Persons shall be thereof convicted by such Trustees they the said Trustees shall upon such Conviction impose and levy a Fine from such Person or Persons not exceeding the Double of the Money unduly detained and to imprison him or them until he or they shall have made and rendred a true particular and perfect Account and Payment as aforesaid or Sund of Money living of VII. to No Sum levied under this Act to be laid out but by Order of Trustees, AND be it further enacted by the Authority aforesaid That no Sum or Sums of Money arising or levied by or upon account of the said Imposition shall be laid out or expended but by Order of the said Trustees or any Ten or more of them met at their Quarter Sessions and that before any such Appointment the said Surveyor or Surveyors shall view the said Bridges and Highways and either personally or by a Writing under his or their Hands report to the said Trustees the State and Condition thereof and what Sum or Sums of Money will or may Report to Trustees, be necessary to amend and repair the same which Report being made the said Trustees or any Ten or more of and upon a previous View by Surveyors, and them met at their Quarter Sessions may order the same Money to be applied to the said Purpose accordingly and Trustees to keep the said Trustees shall keep an exact Account of the Money received by virtue of this Act and when and how Accued thout applied and the Heretors of the said County of Edinburgh and the Counties of Haddington and Linlithgow shall Accounts, be Fee. at all seasonable Time or Times be at Liberty to see and inspect the said Accounts without paying any Fee or Reward for the same bing ed leds and to babas mella T badma VIII. Persons mis- applying Monies levied, Penalty. or Receivers Collector or Collectors of such Money in the Name of such Toll or Duty as shall be payable respectively by virtue of this Act and also One (¹) more fit Person or Persons of the said Trustees or others to be Surveyor or Surveyors of the said Bridges and Highways and to see the Money raised and collected by virtue of this Act duly applied and all such Person or Persons as is or shall be liable by this Act to pay the said Toll or Duty are hereby required to pay the same unto the said Collector or Collectors Receiver or Receivers of the said Duty or Toll in that Behalf from time to time to be appointed as aforesaid after the Rates aforesaid aivor' Toll i time 7 din alt biss il ai banistono ai 16 eMbhoduA wol ab lo yaslov AND the Person or Persons Receiver or Receivers Collector or Collectors appointed as aforesaid for the receiving of the said Toll or Duty And also such Surveyor or Surveyors (if thereunto required by the said Trustees or any Ten or more of them met at their Quarter Sessions shall upon Oath before the said Trustees (which Oath the said Trustees are hereby impowered to administer) on the First Tuesday in every Month of August during the Continuance of this present Act give in a true particular exact and perfect Account in Writing under their respective Hands of all Monies which he they every or any of them shall have received paid and disbursed by virtue of this Act by reason of their said respective Offices and in case of any Overplus of Money so received shall remain in their or any of their Hands shall pay the same to the said Trustees or to such Person or Persons as they or any Ten or more of them met in their Quarter Sessions shall by any Writing or Writings under their Hands authorize and impower to receive the same to be disbursed and laid out in amending or repairing the said Bridges and Highways according to the true Meaning of this Act and not otherwise which said Trustees or any Ten or more of them met at their Quarter Sessions to whom such Account shall be given shall and may out of the Money arising by the said Toll or Duty make such Allowance unto the said Surveyor or Surveyors Collector or Collectors for and in Consideration of their Care and Pains taken in Execution of their said respective Offices and to such other Person and Persons who shall have been or may be assisting in and about procuring the said Bridges and Highways to be amended as aforesaid by advancing or laying out any Monies or otherwise relating thereunto as to them shall seem good not exceeding the Sum of Twenty Pounds Sterling yearly over and above the necessary Disbursments made by them patola 013° ANNE, C. 30.01 AND be it further enacted by the Authority aforesaid That in case there be any Misapplication of the Money collected received or levied by this Act to any other Use or Uses than the Reparation of such Bridges and Highways in the said County of Edinburgh hereby directed to be repaired any such Person or Persons or by whose Authority the same shall be so misapplied shall be liable to forfeit and pay Double the Sum so misapplied to be recovered against him or them at the Suit of any Heretor within the said County of Edinburgh or any heten for Person authorized thereto by the Justices of the Peace of the Counties of Haddington or Linlithgow met in their Quarter Sessions who shall sue for the same in any Action summarily before the Lords of Session without abiding the Course of Roll with Expences of Suit the one Moiety thereof shall belong to the Person that sues for the same and the other Moiety to be paid to the said Trustees to be applied by them for the Uses aforesaid Digitized by A.D.1713. IX. Continuance of th AND be it further enacted by the Authority aforesaid That the or Duty hereby granted shall take place Toll.and have Continuance from the Third Day of August One thousand seven hundred and fourteen for and during Trustees may lease the Term of Fifty Years and the said Trustees or any Ten or more of them met at their Quarter Sessions on the Toll as herein First Tuesday of August are hereby required authorized and empowered by publick Roup to let the said Toll or mentioned. Duty from time to time during the Continuance thereof by Lease or otherwise for the best Price or Prices they Google ¹ or 0. Original from PENN STATE X1.30V