Page images
PDF
EPUB

ments shall be made, or wherein the Person or Perfons or either of them against whom fuch Action or Actions or other Proceedings may be brought shall refide, and against any Executors or Administrators of any Perfon or Perfons deceased, or against any Meffengers or Affignees, or Sheriffs or other Officers, or against any other Person or Perfons liable to pay the Sum or Sums of Money for or in respect of or by virtue of any Rates or Affeffments made for or towards the Expences of paving or repairing the Pavements of the Streets or public Places in any fuch parochial or other District, either exclufively or jointly with or for any other Objects or Purposes, by virtue of any local Act or Acts of Parliament relating to fuch parochial or other District, or by virtue of this A&t, for the Recovery of the Sum or Sums of Money due from any fuch Perfon or Perfons dying or becoming Bankrupt, or whofe Goods, Chattels, or Effects may be feized or taken in Execution or otherwise, or from any other Perfon or Perfons liable to pay the fame by virtue or in refpect of any such Rates or Affeffments; and that in any fuch Action or Actions or other Proceedings it fhall be fufficient for the Plaintiff or Complainant to declare or allege, that the Perfon or Perfons against whom fuch Action or Actions or other Proceedings may be brought is indebted to fuch Plaintiff or Complainant in fuch Sum or Sums of Money as fhall appear to be due by or on account of any fuch Rates or Affeffments; and that it fhall only be neceffary for fuch Plaintiff or Complainant to produce any fuch Rate or Rates, Affeffment or Affeffments, and to prove that the Perfon or Perfons against whom fuch Action or Actions or other Proceedings fhall be brought, or who fhall be deceased, or who hath become Bankrupt, or whose Goods, Chattels, or Effects have been taken in Execution or otherwise, was or were the Perfon or Perfons mentioned in fuch Rate or Affeffment, or liable to the Payment thereof by vir

the

tue of any local Act or Acts of Parliament, or of this Act, to entitle fuch Plaintiff or Complainant to recover the whole of the Sum or Sums of Money for the Recovery whereof fuch Action or Actions or other Proceedings fhall be brought against such Perfon or Perfons, or against fuch Executors or Administrators, Meffengers or Affignees, or Sheriffs or other Officers; and that if such Plaintiff or Complainant by any fuch Action or Actions or other Proceedings fhall recover fuch Sum or Sums of Money fo intended to be recovered thereby, or any Part thereof, he fhall have the full Cofts of fuch Actions or other Proceedings, to be levied in the Manner in which all other Monies and Cofts recovered in any Court or Courts wherein fuch Action or Actions or other Proceedings fhall be brought, may be levied and obtained; and that in any fuch Action or Actions no Effoign, Protection, or Wager of Law, nor more than One Imparlance, fhall be allowed.

Rates may be recovered

from the

vent.

XXXIX. And be it further enacted, That all and every the Rates or Affeffments which fhall be made for or towards the Expences of paving or repairing Estates of the Pavement of the Streets or public Places in any Perfons who parochial or other District within the Jurifdiction of die or bethis Act, either exclusively or jointly with any other come infolObjects or Purposes, and either by virtue of any local Act or Acts of Parliament relating to fuch parochial or other District, or by virtue of this Act, fhall be paid by the Executors or Administrators of any Perfon or Persons who shall be charged in such Rates or Affeffments with the Payment of any Sum or Sums of Money for or in refpect of any Meffuages or Hereditaments within any fuch parochial or other District, and who fhall depart this Life without paying the fame, out of the first Effects of the Perfon fo dying, which shall come to their or any of their Hands, in preference to all other Debts (except Debts to the King's Majefty), and fhall also be paid in like Manner by any Meffengers and Affignees

E 4

Rates may be recovered

from Perfons removing.

Affignees acting under any Commiffion of Bankrupt, and every Sheriff or other Officer acting under any Writ or Writs iffued out of any Court or Courts of Law or Equity, or any other Court or Courts, and who fhall feize or take Poffeffion of any Goods, Chattels, or Effects of any Perfon or Perfons fo rated or affeffed, and from whom any Sum or Sums of Money by virtue of any fuch Rates or Affeffments fhall then be due and unpaid; and that it fhall and may be lawful to and for the Commiffioners or Trustees, or other Perfons having the Control of the Pavements of the parochial or other District wherein the Meffuages or Hereditaments fhall be fituate for and in refpect whereof such Rates or Affeffments fhall be due, and for any Perfon appointed by them to collect and receive fuch Rates or Affeffments, to compel the Payment of all and every fuch Sum and Sums of Money by fuch Executors or Adminiftrators, or Meffengers or Affignees, Sheriffs or other Officers, by Diftrefs or by Action at Law, or by fuch other Means as are appointed by this Act for the Recovery of Rates or Affeffments when unpaid by any Person or Persons whomfoever, and by fuch other legal Ways and Means as to them fhall feem meet: Provided always, that nothing herein contained fhall extend or be conftrued to extend fo as to charge fuch Meffenger or Affignee, or Sheriff or other Officer, with the Payment of any of fuch Rates or Affeffments for more than One Year then last past, or of any larger Sum or Sums of Money than the Value of the Goods, Chattels, or Effects which any fuch Meffenger or Affignee, or Sheriff or other Officer, shall seize, or of which Poffeffion fhall be taken by him or them.

XL. And be it further enacted, That in cafe at any Time or Times hereafter any Person or Perfons who hath or have been rated and affeffed to any Rates or Affeffments which fhall be made by virtue of this Act, or by virtue of any local Act or Acts

of

of Parliament, for and towards the Expences of paving and repairing the Pavements of any Streets or public Places in any parochial or other District within the Jurifdiction of this Act, either exclufively or jointly with any other Objects or Purpofes, fhall quit his or their Meffuages or Hereditaments within the faid parochial or other District, for or in respect whereof he or they fhall be rated or affeffed, before he or they fhall have paid any fuch Rates or Affeffments, then and in every fuch Cafe it fhall be lawful for any Person or Perfons appointed to collect or receive any fuch Rates or Affeffments by the Commiffioners or Trustees, or other Perfons having the Control of the Pavements of fuch parochial or other District, or any one of them, (Oath being made by him or them that he or they doth or do fufpect that such Perfon or Perfons hath or have removed his, her, or their Goods and Chattels) by Warrant under the Hand and Seal of any of His Majesty's Justices of the Peace for the City, Borough, or County where fuch parochial or other District shall be fituate, and which Warrant fuch Justice or Juftices is or are hereby authorized and required to grant, (and in cafe fuch Perfon or Perfons fhall have removed into any other County, City, or Place, fuch Warrant being first backed and counterfigned by fome Magistrate of the County, City, or Place to which fuch Perfon or Perfons fhall have removed, and which Warrant every fuch Magiftrate is hereby empowered and directed, without Fee or Reward, to back or counterfign), to distrain and appraise and fell the Goods and Chattels of fuch Perfon or Perfons who fhall have fo quitted the faid Meffuages or Hereditaments before he or they shall have paid fuch Rates or Affeffments, for the Sum or Sums of Money due from any fuch Perfon or Perfons by virtue of fuch Rates or Affeffments, or any of them, or any Part thereof, and for all Cofts, Charges, and Expences occafioned by fuch Warrant, Dif

tress,

Rates collected from Tenants of divided Te

tress, Appraisement, and Sale, in any County, City, or Place to which fuch Perfon or Perfons fhall have removed, in fuch and the fame Manner as if the fame Perfon or Perfons had continued in the parochial or other District wherein the Meffuages or Hereditaments fhall be fituate in respect whereof any fuch Rates or Affeffments fhall have been made.

XLI. And be it further enacted, That the Goods and Chattels of each and every Person and Persons renting and occupying any separate Part or Apartment of or in any Meffuage or Hereditament, and be repaid by the Goods and Chattels in every Mefsuage or Here

nements to

Landlords.

ditament let ready furnished, although the Perfon or Perfons occupying fuch Meffuage or Hereditament, or separate Part or Apartment, be not rated or affeffed under or by virtue of this Act, or of any local Act or Acts of Parliament relating to any parochial or other District within the Jurifdiction of this Act, fhall be liable to be diftrained and fold by virtue of any Warrant under the Hand and Seal of One of His Majesty's Juftices of the Peace, which he is by this Act authorized and directed to grant, for any Rates or Affeffments made by virtue of this Act, or of any local Act or Acts, for or towards the Expences of paving and repairing the Pavements of fuch parochial or other District, and either exclufively or jointly with any other Objects and Purposes, which have accrued or become due during the Term of the Occupancy by any fuch Perfon or Perfons of any fuch Meffuage or Hereditament, or separate Part or Apartment thereof, and for the Cofts and Charges and Expences of fuch Warrant, and of any Appraisement, Poffeffion, Removal, or Sale of fuch Goods and Chattels, or attendant thereupon; but no fuch Perfon or Perfons fhall be required or compellable to pay any greater Sum for or towards the Difcharge of the faid Rates or Affeffments, or any of them, than the Amount of the Rent actually due and payable

by

« PreviousContinue »