Page:Ruffhead - The Statutes at Large - vol 8.djvu/227

A.D. 1757^ Anno tricefimo primo Ge org 11 If. C. 18, 193 fioncrs for the time being) it fiiall be lawful for fuch CoIIeiflor or Collectors, Receiver or Receiver?, or for any other Perfon or Perfons, by virtue of any Warrant or Precept under the Hands and Seals of any tl^ree or more of the faid Commiffioners (which faid Warrant or Precept fuch CommiiTioners, or any three or more of them, are hereby impowered and required from time to time, to make, as Occafion fhall require) to diftrain any Goods, Chatties or Cattle, which fhall be found upon all or any of the Grounds and Pre- mifles for or in refpe6t of which any fuch Money {hall be or is fo charged or aflefled, or upon any other taxable Lands within the Bounds before defcribed, belonging to the Perlon or Perfons fo neglecting to pay fuch Rates or Taxes ; and the Goods, Chatties and Cattle fo diftrained, to keep by the Space of five Days, at the Cofts and Charges of the Owner or Owners thereof; and if fuch Owner or Owners (liail not withia the faid Space of five Days pay the IVIoney fo charged or aflefled, and the Charges of taking and keepings the fiiid Diflirefs, that then the Goods, Chattels and Cattle fo diflirained fliall be appraifed by two or more of the Inhabitants of the Parifh where the fame fhall be taken, or by other fufficient Perfons, and fhall be fold by the Colleilor or Colledors, Receiver or Receivers, or other Perfon or Perfons employed by the faiJ Commiflioners, or any three or more of them, upon fuch Occafion, for Payment of the faid Money and Charges, and the Overplus arifing by fuch Sale (if any be) fhall be returned to the Owner or Owners there- of, upon Demand ; antl the feveral and refpeitive Tenants or Occupiers of all and Angular the faid Fen '^■^^5 'o c p-vJ Lands and Low Grounds, (o bounded and defcribed as aforefaid, are hereby authorized and required to pay ^'J',';,^'^!'^^^' fuch Sum or Sums of Money as fhall be i'o aflefled, rated or charged as aforefaid, upon or in refpedt of „"jj'j^.;^"^g'^.°"* fuch Fen Lands and Low Grounds, in their feveral Tenures or Occupations, and to deducl: the Money fo paid out of their refpedive Rents ; and the refpeilive Landlords, both mediate and immediate, according to their refpetSlive Interefls in the Premifies, are hereby required to allow fuch Payment and Deduction upon Receipt of the Refidue of their refpedive Rents ; and every fuch Tenant or Occupier as aforefaid, paying fuch AflTeflment, fhall be acquitted and difcharged for fo much Money as the fame fliall amount unto, as if the fame had been actually paid to the Perfon or Perfons intiiled to the Rent of fucli Lands and Grounds, except where there is a Leafe for three or more Years to come from the tenth Day of Ooloher next after paflingof this hSt in which Cafe, upon Requefl of either Landlord or Tenant, the Proportion of the Af- incafeof a fefTmcnt or Rate which the Tenant ought to bear and pay in Confideration of the Benefit be receives by i-eafc,Tei!,-.'n to fuch Leafe, fhall be adjufted and finally determined by the faid Commiffioners, or the major Part of them, P.^y •ni'ioic.r- aflembled at any of their Meetings as aforefaid, fuch major Part being not iefs thr.n feven, and not intercfl:ed """* in the Premifles comprifed in fuch Leafe. XVIL And to the End that the full Sum which is or fhall be fo rated or affefTed may be duly anfwered Perron not pay- and paid. Be it ena6led by the Authority aforefaid, That if any Perfon or Perfons fiiail refufe or negle61: to '".? ^'^^ '^**'^^ pay, or caufe to be paid, to the Colleitor or ColleiElors for tiie time being, the Sum with which he, flie or ^fre d^.^ ° they fliall be refpeftively charged, by the Space of two Months after a Perfonal Demand hath been made to forieit"2s. 'or thereof by the faid Collector or Collecftors, every fuch Perfon fhall forfeit and pay the further Sum of two everyao-s. he Shillings for every twenty Shillings which fhall be fo in Arrear and unpaid, to be levied by Diftrcfs and Sale fli^Ube in Ar- cf his, her or their Goods and Chatties, in fuch Manner as the aforefaid Rates, Taxes or AireflTments them- '^"* felves are herein and hereby directed to be levied ; and the Money fo forfeited and levied fliall be applied towards carrying on the faid Works of Draining and other the Purpofes of this Acl:. XVIIL Provided always, and be it further ena6ted by the Authority aforefaid. That in cafe any of the Lands unoccu- faid Fen Lands or Low Grounds fhall at any Time hereafter be untenanted or unoccupied, fo that no fuf- pied to remain ficient Diftrefs can be found whereupon to levy the Money fo charged or aflefled as aforefaid, then the Lands ^ Scturiry for or Grounds, for or in refpect of which the faid Money is or fhall be fo charged or afl'efl'ed, fhall always re- Pfy"^"":^* ^'e main a Security for Payment thereof; and it fhall and may be lawful to and for the faid Collector or Col- ^^^' ledlors. Receiver or Receivers, for the time being, to enter upon and let the fame from Year to Year only, for the bell Rent that can be gotten for the fame, and to take the Rents and Profits thereof for the Ule of the faid Commiffioners, to be applied for the Purpofes of this A£f, until all Arrears of the faid Taxes, Rates and Charges fhall be fully fatisfied and paid, rendering the Overplus of fuch Rents and Profits (if any) after the difcharging fuch Arrears, to the Owner or Owners of fiich Lands and Grounds. XIX. And forafmuch as the Money fo to be rated, levied, collected and gathered as aforefaid, will not be fufficient to defray the immediate Expences of maicing fuch Banks, Cuts, Drains, Dams, Tunnels, Outlets and other Works, and erecting fuch Engines and other Works as will be necflary for draining, and for the fpeedy Improvement of the faid Fen Lands and Low Grounds ; Be it further enacted by the Autho- rity aforefaid. That the faid Commiffioners, or the major Part of them, fuch major Part being not Iefs p than nine, aflembled at any publick Meeting to be held as aforefaid, fhall and may, and arc hereby im- nuy^"^ke'°"p" powered, from time to time, to borrov/ any Sum or Sums of Money which they fnall think neceflary for Money'atinte- the making, "carrying on, repairing and preferving the faid Works ; and by Writing under their Hands and ^^^ for carrying Seals, to affign over the faid yearly Rates, Taxes and Sums of Money hereby charged, and to be charged, ^"^'^^ Works, upon the faid Fen Lands and Lov/ Grounds, and every or any Part thereof (the Cofls and Charges of which n"f ^'^'^ 'J Affignments fliall be borne and paid out of the faid TaxesJ in fuch Manner and Form as to the faid Com- cu^rity To.^the" miffioners fhall feem meet, as a Security or Securities for any Sum or Sums of Money by them to be hor- fame. rowed for that Purpofe, to fuch Perfon or Perfons, or their Truftees, as fhall advance or lend the fame, to fecure the Repayment thereof, with Intereft (not exceeding five Pounds /j^r Ctvy/z/w p^r y:fw.w;?j ; v.'hich charges of thU Money fo borrowed, fhall be applied in the firft Place, to pay and difcharge fo much and fuch Part of the Aft to be paid Charges and Expences of obtaining of this A6t: of Parliament, as fhall remain unpaid, after the Applica- '*^^'^^°*i'^' tion of the Sum of one hundred and fifty Pounds, v/hich the Governor, BaiJifls and Commonalty of the