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authorized and required, by a Warrant under his Hand and Seal, to cause such Money, and all Costs, Charges, and Expences incurred and to be incurred thereabouts, to be levied by Distress and Sale of the Goods, Chattels, and other Effects of such Collector or other Officer or Person respectively; and if no Goods or Chattels of such Collector or other Officer or Person can be found sufficient to answer and satisfy the said Money, and the said Costs, Charges, and Expences of distraining, removing, and selling the same Goods, Chattels, and other Effects, and all other Costs, Charges, and Expences to be incurred thereabouts, then and in either of the Cases aforesaid such Justice shall commit every such Offender to the Common Gaol or House of Correction for the City, Borough, or County wherein such parochial or other District shall be situate, or wherein such Offender shall reside, without Bail or Mainprize, until he shall have rendered and delivered, signed as aforesaid, such true and perfect Account as aforesaid, and shall have delivered as aforesaid all Receipts and Vouchers relating thereto, and shall have paid all Monies received by him for and in respect of the said Rates and Assessments, or otherwise as aforesaid, remaining in his Hands, or shall have compounded for the Amount of such Monies due from him with the said Commislioners or Trustees, or other Persons by whom he shall have been appointed, to their Satisfaction, and shall have paid the Amount of such Composition in such Manner as they shall approve (and which Composition they are hereby empowered to make and accept), or until he shall have delivered up all Books, Papers, and Writings as aforesaid in his Custody or Power, or shall have given Satisfaction in respect thereof to the said Commissioners or Trustees, or other Persons by whom he shall have been appointed ; and that in any such Action or Actions or other Proceedings against any such Collector, or against any Person or Persons who shall have become Securities for him, it shall not be necessary for the Commissioners or Trustees or other Persons by whom he shall have been appointed to prove the Receipts by him of every Sum of Money included in any Rate or Afsessment which he shall have been appointed to col. lect, with the Amount whereof and with which they Thall seek to charge him or them, and to recover from hin or them by any such Action or Actions, or other Proceedings, but that it shall only be necefsary for such Commissioners or Trustees or other Persons to prove the total Amount of the several Rates or Assessments which he shall have been appointed to collect, and that the full Amount thereof shall be deemed to be due from him, and from any Person or Persons having become Securities for him, and shall be recovered from and be paid by him or them accordingly, except only such Part or Parts thereof as he or they shall prove, by a credible Witneff or Witnesses upon Oath, to have been paid by him the said Collector to such Treasurer or Treasurers as aforesaid, or to some other Person or Persons directed to receive the same by the Commissioners or Trustees or other Persons by whom he shall have been so appointed as aforesaid, or that he hath not received and collected, from the Person or Persons charged with the Payment of any Sums of Money by the said Rates and Affefsments which he shall have been appointed to collect, any of the Sums of Money charged by such Rates, and Affessments : Provided always, that such Collector or other Officer or Persons so committed as aforesaid shall not be detained and kept in Prison by virtue of such War. rant or for any longer Space of Time than Twelve Calendar Months : Provided also, that no Commissioners or Trustees or other Persons having the Control of the Pavements in any parochial or other District within the Jurisdiction of this Act, by whom any Treasurer or Treasurers, Collector or other Officer, shall be appointed, shall be liable for or by. reason of any Default of such Treasurer or Trea

surers,

faid Coupon os prove, by

furers, Collector or other Officer, so appointed; and that any Sum or Sunis of Money which shall or may be received by any such Treasurer or Treasurers, Collector or other Officer, and which shall not be recovered from him or them, shall and may be made up by any future Rates or Affefsments, to be made for or towards the Expences of paying or repairing the Pavements of the Streets or public Places within any such parochial' or other District, either exclu. sively or jointly with or for or towards any other Objects or Purposes whatsoever.

XLVIII. And be it further enacted, That in Collectors case any Collector of the Rates or AffefTinents so liable to appointed as aforesaid shall at any Time retain and Penalties on. have in his Hand any Sum or Sums of Money,

n Retention of amounting together to the Sum of Twenty Pounds, . collected and received by him by virtue of such Ap. pointment for the Space of Seven Days, without paying over the same to the Treasurer or Treasurers for the Time being to the Commissioners or Trustees or other Persons having the Control of the Pave. ments of the Streets or public Places in any parochial or other District within the Jurisdiction of this Act, by whom he shall have been appointed, or to such other Person or Persons as they shall have from

Time to Time'appointed or directed to receive the same, then every such Collector shall for every such Retention or Offence forfeit and pay the Sum of Twenty Pounds, to be recovered in the same Manner in which other Penalties and Forfeitures are hereinafter directed to be recovered by virtue of this Act.

XLIX. Provided always, and be it further en- Proceedings acted, That 'no Prosecution or Commitment, Action against Offior other Proceedings, of or against any Treasurer, cers not to Collector, or other Officer appointed as aforesaid,

discharge

id, their secuby any Commissioners or Trustees or other Persons rities. having the Control of the Pavements in any Streets or public Places in any parochial or other District within the Jurisdiction of this Act as aforesaid, nor any Composition accepted by them from him, shall

or Persons, Inall die, the Executor or Executors, Administrator or Administrators, Representative or Representatives, or other Person or Persons pofsessing the Estate and Effects of every such Treasurer or Treasurers, Collector or Collectors, Officer or Officers, or other Person or Persons appointed by the said Commissioners or Trustees or other Persons having the Control of the Pavements of the Streets and public Places within such parochial or other District, or if he or they shall become Bankrupt, then the Aflignee or Aslignees of the Estate and Effects of such Bankrupt, shall out of such Estate and Effects pay to the said Commissioners or Trustees or other Persons having the Control of the Pavements of the Streets and public Places within such parochial or other District as aforesaid, or to such Person or Persons as they shall from Time to Time direct to receive the same, all such Sum and Sums of Money as shall have been collected or received by such Treasurer or Treasurers, Col. lector or Collectors, Officer or Officers, or other Person or Persons appointed by the said Commissioners or Trustees or other Persons as aforesaid, and which shall be due and owing from him or them to the said Commissioners or Trustees, or other Persons as aforesaid by whom he or they shall have been so appointed, at the Time of his or their Death, or at the Time of the suing out any Commission of Bankruptcy against him or them, and not paid over, or so much thereof aś the said Estate and Effects of such Treasurer or Treasurers, Collector or Collectors, Officer or Officers, or other Person or Persons appointed by the said Commissioners or Trustees or other Persons as aforesaid, who shall 'so die or become Bankrupt, will extend to pay, and in preference to any other Debtor Debts (except Debts due to the King's Majesty); and the Receipt or Receipts of the said Commissioners or Trustees or other Persons having the Control of the Pavements of the Streets and public Places within such

12

parochial

parochial or other District, or of any person or Persons directed by them from Time to Time to receive the same, shall be a good Discharge or good Difcharges for the Money therein expressed to be received; and that every Executor or Administrator, Assignee or Assignees, or other Persons pofsessing the Estate and Effects of any such Treasurer, Collector, Officer, or other Person as aforesaid, may, to any Action or Suit commenced or brought against him or them, plead or give in Evidence the Authority of this Act for such Payment, and shall be allowed the same prior to any other Debt or Demand whatsoever (save and except only Debts due to the King's Majesty as aforesaid); and in case of Nonpayment of all and every such Sum or Sums of Money by any Executor or Administrator, Assignee or Aflignees, or other Person as aforesaid, for the Space of Ten Days after the same shall have been demanded by or on the Behalf of the said Commissioners or Trustees or other Persons by whom such Treasurer, Collector, Officer, or other Person dying or becoming Bankrupt had been appointed, it shall and may be lawful to and for the said Commissioners or Trustees, or other Persons having the Control of the Pavements within such parochial or other District, by whom any such Treasurer, Collector, Officer, or other Person had been appointed, to commence one or more Action or Actions in any of His Majesty's Courts of Record at Westminster against such Executors or Administrators, Assignee or Assignees, or other Persons as aforesaid, for the Recovery of the same Sumor: Şums of Money; and that in any such A&ion or Actions it shall only be necessary for the said Commillioners or Trustees or other Persons to prove, the Amount of the Sum or Sums of Money due from such Treasurer, Collector, Officer, or other Person, without proving what Monies, Estates, or Effects of the Person or Persons so dying - or becoming Bankrupt shall have been or might have

been

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