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Expences of executing the same, by Distress of the Goods and Chattels of the Person or Persons so neglecting or refusing, which shall be found either within the said parochial or other District, or elsewhere, and of which said Goods and Chattels he or they may either continue in Possession on the said Premises where the same shall be distrained, or they may be removed therefrom, as the Person or Persons making the Distress shall think proper; and if within Five Days next after any Distress shall be made pursuant to the Directions of this Act, the said Rate or Rates, Assessment or Assessments, with all Arrears due thereon, together with all the said Charges for the said Summons, and the said Charges for the said Warrant, and the Charges and Expences of executing the same Warrant, and of making such Distress, and of keeping such Goods and Chattels, shall not be paid, then the said Person appointed to collect as aforesaid, or the Constable, Headborough, Beadle, or other Person authorized by the said Warrant, shall cause the said Goods and Chattels to be appraised by one or more Appraiser or Appraisers, and to be sold either on the Premises where the same shall be distrained, or elsewhere, or such Part or Parts thereof as in his or their Judgment shall be sufficient to pay the said Rate or Rates, Affefsment or Assessments, together with all Arrears due thereon, and the said Costs, Charges, and Expences of the said Summons, Warrant, Distress, Removal, or keeping Poffeffion of such Goods and Chattels so distrained, and the reasonable Costs, Charges, and Expences of appraising and selling the same, and shall return the Overplus (if any) to the Owner or Owners of such Goods and Chat. tels respectively, upon Demand thereof made by him or them'; and in case no such Goods and Chattels can be found to be distrained by virtue of any such Warrant, or in case any such Goods and Chattels shall be locked up or secured, or Shall be removed, so that such Person appointed to

collect

of fuga there Goods virtue collect the said Rates or Affefsments as aforesaid, or such Constable, Headborough, Beadle, or other Person, cannot distrain the same, or in case, after such Distress and Appraisement or Sale as hereinbefore are directed, the Proceeds thereof shall not be sufficient to pay such Rates or Affefsments, with the Arrears due thereon, and all the said Costs, Charges, and Expences as aforesaid, then and in any of such Cases, upon Information thereof given to any Justice of the Peace for the City, Borough, or County within which such parochial or other Diltrict shall be situate, it shall be lawful to and for any such Justice of the Peace, and he is hereby authorized and required, to issue a Warrant under his Hand and Seal for the Apprehension of any such Person or Persons making Default in the Payment of such Rates or Affessments and the Arrears thereof, or of any Part thereof, and of such Costs, Charges, and Expences, or any of them, and to commit such Perfon or Persons to the Common Gaol or House of Correction for the City, Borough, or County within which such parochial or other District shall be fituate, there to remain without Bail or Mainprize for any Time not exceeding the Space of One Calendar Month, unless such Rates or Assessments and all Arrears thereof, and all such Costs, Charges, and Expences, or so much thereof as shall remain unsatisfied by any such Distress or Distresses or otherwise, shall be sooner paid.

XXXVI. And be it further enacted, That in all cases where a Distress is authorized to be made by any local Act or A&s of Parliament relating to the paving of any parochial or other District within the Jurisdiction of this Act, either exclusively or jointly with or for any other Objects or Purposes, or by this Act, if any Constable or Headborough of any Parish or Place within which such parochial or other District shall be situate, or of any other Parish or Place where such Distress is to be made, upon being required by any Person appointed to collect any

Rates

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Rates or Affefsments, or by any other Person (who shall have obtained a Warrant for such Distress from any Justice of the Peace), shall refuse or neglect to aid or assist in making a Distress and Sale pursuant to such Warrant, every such Constable or Headborough shall for every such Offence forfeit and pay the Sum of Five Pounds, to be recovered in the same Manner in which other Penalties and Forfeitures are herein-after directed to be recovered by virtue of this Act. · XXXVII. And be it further enacted, That every Form of Warrant of Distress for Non-payment of any Rates Warrant of or Aflefsments, authorized and directed to be issued Diltrels. by virtue of this Act, shall be in the Words or to the Effect following: 6 (To wit)

O the Collectors of the Paving c [Insert the City, * Borough, or County.] J

Rates [or, of the .paving and lighting, and watching and cleansing • Rates, as the case may be] for the Parish or • District of [describe the District according to the o local Axt] and to all Constables, Headboroughs, • Beadles, and Peace Officers for the [City, Bo

rough, or County aforesaid, as the Case may be] " Whereas the under-mentioned Person (or Persons,. <if more than One] now or late an Owner or Oc6 cupier (or Owners or Occupiers, if more than one] 6 of a Messuage [or of Messuages, if more than one - Perfon be included in the Warrant] or other • Hereditaments within the said [insert the Name of

the District] was and is, or were and are as the

Cafe may be] rated and assessed, or is or are ras o the Case may be liable to the Payment of the Sum 6 or Sums of Money set at and opposite to his or • their respective Name or Names [as the Case may

be] hereunder written, by virtue of a Rate or

Rates duly made under and by virtue of a certain 6 Act [or Acts passed in the Year (or Years, as the Case may be] of the Reign of [ret forth the Title of the Act or Acis under which the Rate or Rates were made]: And whereas the said

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• Person

5 Justices of pon Oath to me due and une

• Person or Persons has or have [as the Cafe may be] refused or neglected to pay the Sum or the • several Sums of Money fet at and opposite his or • their Name or Names (as the Case may be] here- under written, due from him or them by virtue of

such Rate or Rates (as the Case may be], and the · said several Sum and Sums of Money is or are ' [as the Case may be] still remaining due and un' paid, as appeareth upon Oath to me, One of His • Majesty's Justices of the Peace for the said [City, • Borough, or County, as the Case may be]; and the • said several Person or Persons (as the Cafe may be] • having been summoned to appear to answer the « Premises, as also appeareth to me the said Justice • upon Oath, and neither he or they nor either of "them (as the Case may be] having shewn any suffi• cient Cause why such Sum or Sums of Money • [as the Case may be] should not be paid by him or ' them respectively [as the Case may be], as also

appeareth to me upon Oath: Now these are • therefore in His Majesty's Name to will and re• quire you or either of you forthwith to levy the • said Sum or several Sums of Money [as the case.

may be] due from the said Person or Persons [as ' the Cafe may be] and hereunder set at and opposite 6 to his or their Names respectively [as the Cafe may be] and also the Two several Sums of [inserting the Amount of the Coft and Charges for the Sum

mons, and for the Warrant, or for either of them, " as the Case may be] for the Costs and Charges of • the said Summons and of these Presents, by Dis• tress and Sale of his or their respective Goods and • Chattels [as the Case may be such Goods and • Chattels being kept for the Space of Five Days. • before the same are sold, rendering to him or "them respectively (as the Case may be] the Over• plus (if any) on Demand, and the reasonable • Charges of such Distress, and of any Removal or • keeping Pofleffion, Appraisement or Sale thereof, being first deducted ; and if no sufficient Distress

o can be had or taken, that then you certify the • fame to me, to the end such Proceedings may be • had therein as to the Law doth appertain : And I

do hereby strictly charge and command all and ' fingular the Constables, Headboroughs, and other

His Majesty's Peace Officers for the said (City, • Borough, or County, as the Case may be] to be raiding and assisting in all Things relating to the « Premises. Given under my Hand and Seal, this Day of

in the Year • of our Lord

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*C. D.

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E. F. (the Landlord for divided Premises) G. H. - - -

- XXXVIII. Provided always, and be it further Rates may enacted, That it shall be lawful at any Time or also be recoTimes hereafter for the Commissioners or Trustees, vered by

Actions. or other Persons having the Control of the Pave. ments of any parochial or other District within the Jurisdiction of this Act (if they shall think it expedient), in the Name or Names of their Treasurer or Treasurers, Clerk or Clerks for the Time being, or of any Person or Persons appointed by them to collect or receive any Rate or Rates, Affefsment or Assessments, made or to be made for or towards the Charges of paving or repairing the Pavement of the Streets or public Places in any such parochial or other District, either exclusively or jointly with or for any other Objects or Purposes, to bring or cause to be brought any Action or Actions of Debt, or Special Aclion on the Case, or other Action or Actions, in any of His Majesty's Courts of Record at Westminster, or to proceed in any Court of Requests, or other Court whatever (for the Recovery of Debts above or under Five Pounds within the Jurisdi&tion of which the said Messuages or Hereditaments in respect whereof such Rates or Aflefl

ments

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