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Expences of executing the fame, by Diftrefs of the Goods and Chattels of the Perfon or Perfons fo neglecting or refufing, which shall be found either within the faid parochial or other District, or elsewhere, and of which said Goods and Chattels he or they may either continue in Poffeffion on the faid Premises where the fame fhall be diftrained, or they may be removed therefrom, as the Perfon or Persons making the Distress shall think proper; and if within Five Days next after any Diftress shall be made pursuant to the Directions of this Act, the faid Rate or Rates, Affeffment or Affeffments, with all Arrears due thereon, together with all the faid Charges for the faid Summons, and the faid Charges for the said Warrant, and the Charges and Expences of executing the fame Warrant, and of making fuch Diftrefs, and of keeping fuch Goods and Chattels, fhall not be paid, then the faid Person appointed to collect as aforefaid, or the Constable, Headborough, Beadle, or other Perfon authorized by the faid Warrant, fhall cause the faid Goods and Chattels to be appraised by one or more Appraiser or Appraisers, and to be fold either on the Premifes where the fame fhall be diftrained, or elsewhere, or fuch Part or Parts thereof as in his or their Judgment shall be fufficient to pay the faid Rate or Rates, Affeffment or Affeffments, together with all Arrears due thereon, and the said Costs, Charges, and Expences of the faid Summons, Warrant, Diftrefs, Removal, or keeping Poffeffion of fuch Goods and Chattels fo diftrained, and the reasonable Cofts, Charges, and Expences of appraising and felling the fame, and fhall return the Overplus (if any) to the Owner or Owners of fuch Goods and Chattels respectively, upon Demand thereof made by him or them; and in cafe no fuch Goods and Chattels can be found to be diftrained by virtue of any fuch Warrant, or in cafe any fuch Goods and Chattels fhall be locked up or fecured, or fhall be removed, fo that fuch Perfon appointed to E

collect

Constables to affift in fuch Levy,

collect the faid Rates or Affeffments as aforefaid, or fuch Constable, Headborough, Beadle, or other Perfon, cannot diftrain the fame, or in cafe, after fuch Distress and Appraisement or Sale as hereinbefore are directed, the Proceeds thereof fhall not be fufficient to pay fuch Rates or Affeffments, with the Arrears due thereon, and all the faid Cofts, Charges, and Expences as aforefaid, then and in any of fuch Cafes, upon Information thereof given to any Juftice of the Peace for the City, Borough, or County within which fuch parochial or other Diftrict shall be fituate, it fhall be lawful to and for any fuch Justice of the Peace, and he is hereby authorized and required, to iffue a Warrant under his Hand and Seal for the Apprehenfion of any fuch Person or Perfons making Default in the Payment of fuch Rates or Affeffments and the Arrears thereof, or of any Part thereof, and of fuch Cofts, Charges, and Expences, or any of them, and to commit fuch Perfon or Perfons to the Common Gaol or House of Correction for the City, Borough, or County within which fuch 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 Affeffments and all Arrears thereof, and all fuch Cofts, Charges, and Expences, or fo much thereof as fhall remain unfatisfied by any fuch Diftress or Distreffes or otherwise, fhall be fooner paid.

XXXVI. And be it further enacted, That in all Cafes where a Distress is authorized to be made by any local Act or Acts of Parliament relating to the paving of any parochial or other District within the Jurifdiction of this Act, either exclusively or jointly with or for any other Objects or Purposes, or by this Act, if any Conftable or Headborough of any Parish or Place within which fuch parochial or other District shall be fituate, or of any other Parish or Place where fuch Diftrefs is to be made, upon being required by any Perfon appointed to collect any

Rates

Rates or Affeffments, or by any other Perfon (who fhall have obtained a Warrant for fuch Distress from any Justice of the Peace), fhall refuse or neglect to aid or affift in making a Distress and Sale pursuant to fuch Warrant, every fuch Conftable or Headborough shall for every fuch Offence forfeit and pay the Sum of Five Pounds, to be recovered in the fame Manner in which other Penalties and Forfeitures are herein-after directed to be recovered by virtue of this A&t.

XXXVII. And be it further enacted, That every Form of Warrant of Distress for Non-payment of any Rates Warrant of or Affeffments, authorized and directed to be iffued Distress. by virtue of this Act, fhall be in the Words or to

the Effect following:

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(To wit)

[Infert the City, TO the Collectors of the Paving

Borough, or County.]

Rates [or, of the paving and lighting, and watching and cleanfing Rates, as the Cafe may be] for the Parish or • District of [defcribe the District according to the local Act] and to all Conftables, Headboroughs, Beadles, and Peace Officers for the [City, Bo'rough, or County aforefaid, as the Cafe may be] • Whereas the under-mentioned Perfon [or Persons, if more than One] now or late an Owner or Occupier [or Owners or Occupiers, if more than One] • of a Meffuage [or of Meffuages, if more than One Perfon be included in the Warrant] or other • Hereditaments within the said [infert the Name of the District] was and is, or were and are [as the Cafe may be] rated and affeffed, or is or are [as the Cafe may be] liable to the Payment of the Sum or Sums of Money fet at and oppofite to his or ⚫ their respective Name or Names [as the Cafe may be] hereunder written, by virtue of a Rate or • Rates duly made under and by virtue of a certain • A&t [or Acts] paffed in the Year [or Years,

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as the Cafe may be] of the Reign of forth the Title of the Act or Acts under which the "Rate or Rates were made]: And whereas the faid

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• Perfon or Perfons has or have [as the Cafe may be] refufed or neglected to pay the Sum or the • feveral Sums of Money fet at and oppofite his or their Name or Names [as the Case may be] hereunder written, due from him or them by virtue of 'fuch Rate or Rates [as the Cafe may be], and the 'faid feveral Sum and Sums of Money is or are [as the Cafe may be] ftill remaining due and unpaid, as appeareth upon Oath to me, One of His Majefty's Juftices of the Peace for the faid [City, Borough, or County, as the Cafe may be]; and the faid feveral Perfon or Perfons [as the Cafe may be] having been fummoned to appear to answer the Premifes, as alfo appeareth to me the said Justice upon Oath, and neither he or they nor either of them [as the Cafe may be] having fhewn any fufficient Caufe why fuch Sum or Sums of Money [as the Cafe may be] fhould not be paid by him or them refpectively [as the Cafe may be], as alfo appeareth to me upon Oath: Now these are therefore in His Majefty's Name to will and require you or either of you forthwith to levy the faid Sum or feveral Sums of Money [as the Cafe. may be due from the faid Perfon or Perfons [as the Cafe may be] and hereunder fet at and opposite to his or their Names refpectively [as the Cafe may be] and alfo the Two feveral Sums of [inferting the Amount of the Coft and Charges for the Summons, and for the Warrant, or for either of them, as the Cafe may be] for the Cofts and Charges of the faid Summons and of thefe Prefents, by Diftrefs and Sale of his or their refpective Goods and Chattels [as the Cafe may be] fuch Goods and Chattels being kept for the Space of Five Days before the fame are fold, rendering to him or them refpectively [as the Cafe may be] the Overplus (if any) on Demand, and the reasonable. Charges of fuch Diftrefs, and of any Removal or 'keeping Poffeffion, Appraisement or Sale thereof, being first deducted; and if no fufficient Diftress

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can be had or taken, that then you certify the 'fame to me, to the end fuch Proceedings may be ' had therein as to the Law doth appertain: And I ' do hereby strictly charge and command all and fingular the Conftables, Headboroughs, and other His Majesty's Peace Officers for the faid [City, 'Borough, or County, as the Cafe may be] to be ' aiding and affifting in all Things relating to the • Premises. Given under my Hand and Seal, this Day of in the Year

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' of our Lord

· A. B.

£ S. d.

• C. D.

E. F. (the Landlord for divided Premifes) 'G. H.

Actions.

XXXVIII. Provided always, and be it further Rates may enacted, That it fhall be lawful at any Time or alfo be recoTimes hereafter for the Commiffioners or Trustees, vered by or other Perfons having the Control of the Pavements of any parochial or other District within the Jurifdiction 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 Perfon or Perfons appointed by them to collect or receive any Rate or Rates, Affeffment or Affeffments, 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 exclufively 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 Action on the Cafe, or other Action or Actions, in any of His Majefty's Courts of Record at Westminster, or to proceed in any Court of Requefts, or other Court whatever (for the Recovery of Debts above or under Five Pounds) within the Jurifdiction of which the faid Meffuages or Hereditaments in respect whereof fuch Rates or Affeff

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