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authorized and required, by a Warrant under his Hand and Seal, to caufe fuch Money, and all Cofts, Charges, and Expences incurred and to be incurred thereabouts, to be levied by Diftrefs and Sale of the Goods, Chattels, and other Effects of fuch Collector or other Officer or Perfon refpectively; and if no Goods or Chattels of fuch Collector or other Officer or Perfon can be found fufficient to answer and fatisfy the said Money, and the faid Cofts, Charges, and Expences of diftraining, removing, and felling the fame Goods, Chattels, and other Effects, and all other Cofts, Charges, and Expences to be incurred thereabouts, then and in either of the Cafes aforefaid fuch Juftice fhall commit every fuch Offender to the Common Gaol or House of Correction for the City, Borough, or County wherein fuch parochial or other District shall be fituate, or wherein fuch Offender fhall refide, without Bail or Mainprize, until he shall have rendered and delivered, figned as aforefaid, fuch true and perfect Account as aforefaid, and fhall have delivered as aforefaid all Receipts and Vouchers relating thereto, and fhall have paid all Monies received by him for and in respect of the faid Rates and Affeffments, or otherwise as aforefaid, remaining in his Hands, or fhall have compounded for the Amount of fuch Monies due from him with the faid Commiffioners or Trustees, or other Perfons by whom he shall have been appointed, to their Satisfaction, and shall have paid the Amount of fuch Compofition in fuch Manner as they fhall approve (and which Compofition they are hereby empowered to make and accept), or until he fhall have delivered up all Books, Papers, and Writings as aforefaid in his Cuftody or Power, or shall have given Satisfaction in refpect thereof to the said Commiffioners or Trustees, or other Perfons by whom he shall have been appointed; and that in any fuch Action or Actions or other Proceedings against any fuch Collector, or against any Person or Persons who fhall have become Securities for him,

it shall not be neceffary for the Commiffioners or Trustees or other Perfons by whom he fhall 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 collect, with the Amount whereof and with which they shall seek to charge him or them, and to recover from him or them by any fuch Action or Actions, or other Proceedings, but that it fhall only be neceffary for fuch Commiffioners or Trustees or other Perfons to prove the total Amount of the several Rates or Affeffments which he shall have been appointed to collect, and that the full Amount thereof. hall be deemed to be due from him, and from any Perfon or Perfons having become Securities for him, and fhall be recovered from and be paid by him or them accordingly, except only fuch Part or Parts. thereof as he or they fhall prove, by a credible Witneff or Witneffes upon Oath, to have been paid by him the faid Collector to fuch Treasurer or Treafurers as aforefaid, or to fome other Person or Perfons directed to receive the fame by the Commiffioners or Trustees or other Perfons by whom he fhall have been fo appointed as aforefaid, or that he hath not received and collected, from the Perfon or Perfons charged with the Payment of any Sums of Money by the faid Rates and Affeffments which he fhall have been appointed to collect, any of the Sums of Money charged by fuch Rates and Affeffments: Provided always, that fuch Collector or other Officer or Perfons fo committed as aforefaid fhall not be detained and kept in Prifon by virtue of fuch Warrant or for any longer Space of Time than Twelve Calendar Months: Provided alfo, that no Commiffioners or Trustees or other Perfons having the Control of the Pavements in any parochial or other District within the Jurifdiction of this Act, by whom any Treasurer or Treasurers, Collector or other Officer, fhall be appointed, fhall be liable for or by reafon of any Default of fuch Treasurer or Trea

furers,

furers, Collector or other Officer, fo appointed; and that any Sum or Sums of Money which fhall or may be received by any fuch Treafurer or Treafurers, Collector or other Officer, and which fhall not be recovered from him or them, fhall and may be made up by any future Rates or Affeffments, to be made for or towards the Expences of paving or repairing the Pavements of the Streets or public Places within any fuch parochial' or other Diftrict, either exclufively or jointly with or for or towards any other Objects or Purposes whatsoever.

Retention of

XLVIII. And be it further enacted, That in Collectors cafe any Collector of the Rates or Affeffments fo liable to appointed as aforefaid fhall at any Time retain and Penalties on have in his Hand any Sum or Sums of Money, Monies. amounting together to the Sum of Twenty Pounds, collected and received by him by virtue of fuch Appointment for the Space of Seven Days, without paying over the fame to the Treasurer or Treasurers for the Time being to the Commiffioners or Trustees or other Perfons having the Control of the Pavements of the Streets or public Places in any parochial or other District within the Jurifdiction of this Act, by whom he fhall have been appointed, or to fuch other Perfon or Perfons as they fhall have from Time to Time appointed or directed to receive the fame, then every fuch Collector fhall for every fuch Retention or Offence forfeit and pay the Sum of Twenty Pounds, to be recovered in the fame Manner in which other Penalties and Forfeitures are hereinafter directed to be recovered by virtue of this A&t.

rities.

XLIX. Provided always, and be it further en- Proceedings acted, That no Profecution or Commitment, Action against Offior other Proceedings, of or against any Treasurer, cers not to Collector, or other Officer appointed as aforefaid, their Secudischarge by any Commiffioners or Trustees or other Perfons having the Control of the Pavements in any Streets or public Places in any parochial or other District within the Jurifdiction of this Act as aforefaid, nor any Compofition accepted by them from him, fhall

or Perfons, fhall die, the Executor or Executors, Administrator or Administrators, Reprefentative or Reprefentatives, or other Perfon or Perfons poffeffing the Estate and Effects of every fuch Treasurer or Treasurers, Collector or Collectors, Officer or Officers, or other Person or Perfons appointed by the faid Commiffioners or Trustees or other Perfons having the Control of the Pavements of the Streets and public Places within fuch parochial or other District, or if he or they fhall become Bankrupt, then the Aflignee or Affignees of the Eftate and Effects of such Bankrupt, fhall out of fuch Eftate and Effects pay to the faid Commiffioners or Trustees or other Perfons having the Control of the Pavements of the Streets and public Places within such parochial or other District as aforefaid, or to fuch Perfon or Perfons as they fhall from Time to Time direct to receive the fame, all fuch Sum and Sums of Money as fhall have been collected or received by fuch Treasurer or Treasurers, Collector or Collectors, Officer or Officers, or other Perfon or Perfons appointed by the faid Commiffioners or Trustees or other Perfons as aforesaid, and which shall be due and owing from him or them to the faid Commiffioners or Trustees, or other Perfons as aforefaid by whom he or they shall have been fo appointed, at the Time of his or their Death, or at the Time of the fuing out any Commiffion of Bankruptcy against him or them, and not paid over, or fo much thereof as the faid Estate and Effects of fuch Treasurer or Treasurers, Collector or Collectors, Officer or Officers, or other Person or Perfons appointed by the faid Commiffioners or Trustees or other Perfons as aforefaid, who shall so die or become Bankrupt, will extend to pay, and in preference to any other Debt or Debts (except Debts due to the King's Majefty); and the Receipt or Receipts of the faid Commiffioners or Trustees or other Perfons having the Control of the Pavements of the Streets and public Places within fuch parochial

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parochial or other District, or of any Person or Perfons directed by them from Time to Time to receive the fame, fhall be a good Difcharge or good Difcharges for the Money therein expreffed to be received; and that every Executor or Administrator, Affignee or Affignees, or other Persons poffeffing the Estate and Effects of any fuch Treasurer, Collector, Officer, or other Perfon 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 fuch Payment, and fhall be allowed the fame prior to any other Debt or Demand whatsoever (fave and except only Debts due to the King's Majefty as aforefaid); and in case of Nonpayment of all and every fuch Sum or Sums of Money by any Executor or Administrator, Affignee or Affignees, or other Perfon as aforefaid, for the Space of Ten Days after the fame fhall have been demanded by or on the Behalf of the faid Commiffioners or Trustees or other Perfons by whom fuch Treasurer, Collector, Officer, or other Perfon dying or becoming Bankrupt had been. appointed, it fhall and may be lawful to and for the faid Commiffioners or Trustees, or other Persons having the Control of the Pavements within fuch parochial or other District, by whom any fuch Treasurer, Collector, Officer, or other Perfon had been appointed, to commence one or more Action or Actions in any of His Majesty's Courts of Record: at Westminster against fuch Executors or Adminiftrators, Affignee or Affignees, or other Perfons as aforesaid, for the Recovery of the fame Sum or Sums of Money; and that in any fuch Action or Actions it shall only be neceflary for the faid Commiffioners or Trustees or other Perfons to prove. the Amount of the Sum or Sums of Money due from fuch Treasurer, Collector, Officer, or other Perfon, without proving what Monies, Eftates, or Effects of the Perfon or Perfons fo dying or becoming Bankrupt fhall have been or might have

been

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