Page:Ruffhead - The Statutes at Large - vol 8.djvu/675

A. D. 1761. Anno fecundo Georgii III. C. 21. 641 by A6tion of Debt, or on the Caf?, or by Bill, Suit or Information, wherein no EfToin, Protedion and they a le to prove or Wager of Law, or more than one Imparlance, fliall be allowed : And every Pcrfon fo profecuted their Qualification, if (hall prove that he is qualified as aforefaid, or otherwife fhall pay the faid Penalty, upon Proof given ['/^'^[^i;^^^'^' °' r^y t'"= of his having a6ted as aCommiffioner in the Execution of this A6t. VI. And be it further enaded. That the faid Commiffioners, or any eleven or more of them, fliall it, or more, at their d. and may, by Wriansr under their Hands and Seals, at their fecond or any fubf.qaent Meeting, giving ^""'^ °'" ^'T ("utfequenc ,- ' TA ■^ XT • ° , ,- ■ /- 1 f 1 XT !> • ^ r^^ 1 r^ i Meeting, may appomt i fourteen Days Notice thereof m fome publick Mews Paper, apponit one or moi'e ^^^"^^^ o"" ^-^^^'^s, ^_ j^^j^^^j^.,.,^j^'^.jg^_ Treafurer or Treafurers, Receiver or Receivers, of the Monies to be raifed by virtue and for the furers, and Receivers j Purpofes of this Aft, and fo, from Time to Time, to appoint others as they fliall find neccflary or convenient ; and alfo one or more Surveyor or Surveyors, to view the Condition of the faid Squares, and alfo Surveyors; Streets and Lanes, and to fee that the fame are properly paved and kept in Repair, and fufiiciently Perfons as aforefaid, as the faid Commiffioners, or anyfeven or more of them, fhall think proper ; security ; and "they may and likewife may, from Time to Time, remove any or either of fuch Officers, or other Perfons, and remove them, and ap- appoint others in the Room of fuch of them as fliall be fo removed or fhall die: And fuch Perfon or P^'"' others. Perfons as is or are hereby made liable to pay the feveral Rates or Sums of Money hereby granted, '^^■^t'^^ to be paid to the fhall pay the fame to fuch Perfon or Perfons as fhall, from Time to Time, be fo appointed to colleii ^^'^'^^"" and receive the fame, for each refpe6live Parifh and Place, according to the true Meaning of this -A£t : And all fuch Officers and Perfons fo to be appointed as aforefaid, fhall, under their Hands, at Officers, and others, to fuch Time and Times, and in fuch Manner, as the faid Commiffioners, or any feven or more of ^"'!^^^" ^'^'^^"'^ "P°" them, fhall direft, deliver to fuch Commiffioners, or fuch Perfon or Perfons as they, or any feven j^^j^/^j^^j^^^J^^'^j^" or more of them, fhall appoint, true and perfe61: Accounts in Writing, of all Matters and Things more CommiiiiQners committed to their Charge by virtue of this A(St, and alfo of all the Monies which fhall have been Tnaii direa 5 by fuch Officer or Officers, and Perfon or Perlbns refpedlively, received by virtue and for the Pur- pofes of this A6i:, and how much thereof hath been paid and difburfed by Order of the faid Commif- iioners, or any five or more of them, and for what Purpofes, together with the proper Vouchers for fuch Payments ; and fhall pay all fuch Monies as fhall remain in their refpeilive Hands to the faid .a"<^, P^y over the Money Commiffioners, or any five or rtiore of them, or to fuch Perfon or Perfons as they fhall appoint ; and Of^/er of^'or^moVcom- all the faid Officers and Perfons fo accounting as aforefaid, fliall, upon Oath, which Oath the faid mi'ffioners^. "'^'""^ °'"' Commiffioners, or any two or more of them, are hereby impowered and required to adminifter, 2 Commiffioners may ad- verify their faid Accounts : And if any fuch Officer or Perlbn fhall not make and render^ or fhall re- minifter the Oath t fufe to verify upon Oath any fuch Account, or to produce or deliver up the Vouchers relating to the ^"^ any Perfcn refufing fame, or to make Payment as aforefaid, or fhall not deliver to the faid Commiffioners, or any five or °^ [oVrVy "the fame"o'r more of them, or to fuch Perfon or Perfons as they fhall appoint, within ten Days after being there- to produce anddeiiver'up unto required by any five or more of fuch Commiffioners, all the Books, Papers and Writings in his the Vouchers, and pay* Cuftody or Power relating to the Execution of this A61:, or fhall refufe or negleft to pay fuch Monies "^^'^ the Balance, &c. as, upon the Balance of any Account or Accounts, fhall appear to be in their refpecSlive Hands, to the faid Commiffioners, or any five or more of them, or as they fhall direil or appoint ; then, and in may be fued, by Aftion either of the Cafes aforefaid, fuch Commiffioners, or any five or more of them, may, and are hereby 'fro"ght m the^ Names authorized and impowered to bring, or caufe to be brought, any A6tion or A6tions in the Name of ^^^ * or more Commif- fuch Commiffioners, or in the Name or Names of any two or more of them, againft the Officer or ' Officers, Perfon or Perfons, fo negle6ling or refufing as aforefaid, in order for the Recovery of the Monies that fhall be in the Hands of fuch Officer or Officers, Perfon or Perfons refpedlively ; or if Complaint fhall be made by the faid Commiffioners, or by any five or more of them, or by fuch Per- °i' Complaint may be fon or Perfons as they fhall appoint for that Purpofe, of any fuch Refufal or Negled: as aforefaid, to ^/^"'^^^'^^"^^}^ ^^' any two or more of the Jullices of the Peace for the County or Place wherein fuch Officer or Officers, "' ^ ormoieju ices, Perfon or Perfons, fo neglefting or refufing, fhall be and refide, fuch Juftices may, and are hereby wlw are impowered to authorized and required, by a Warrant or Warrants under their Hands and Seals, to caufe the Officer ^^ear and determine the -or Officers, Perfon or Perfons, fo refufing or neglefting, to be brought before them, and upon his and ^^"" m a fummary their appearing, or not being to be found, to hear and determine the Matter in a fummary Way ; Qj^reVs^and^SalY' the and if upon the Confeffion of the Party or Parties, or by theTeflimony of any credible Witnefs or Money ihat fliaii '^^eit Witneflfes upon Oath, which Oath fuch Juftices are hereby impowered and required to adminifter, it to be in fuchPerLn's fhall appear to fuch Juftices, that any of the Monies that fhall have been collected or raifed by virtue Hands j of this A6t, fhall be in the Hands of fuch Officer or Officers, Perfon or Perfons, fuch Juftices may, and are hereby authorized and required, upon Nonpayment thereof, by a Warrant or Warrants under their- Hands and Seals, to caufe fuch Money to be levied by Diftrefs and Sale of the Goods and Chat- tels of fuch Officer or Officers, Perfon or Perfons refpeftively ; and if no Goods or Chattels of fuch andforwantof fuffident Officer or Officers, Perfon or Perfons, can be found fufficient to anfv/er and fatisfy the faid Money, SSr^° STS ren-^ and the Charges of diftraining and felling the fame, then, and in either of the Cafes aforefaid, fuch der an Account and'^pay. Juflices fhall commit every fuch Offender to the Houfe of Corredion, until he fhall give and make a mtnt, or fhall compound true and perfedl Account and Payment as aforefaid, or until he fhall compound with the faid Com- with 5 ormoreCommif- miffioners, or any five or more of them, and fhall have paid fuch Compofition in fuch Manner as [|^'J'|!:^^^"^^^.^^^^P^' they (hall appoint, which Compofition the faid Commiffioners, or any five or more of them, ^-^Q rJ^teTul^hlv/vlthi^s, hereby impowered to make ; or until he fhall deliver up fuch Books, Papers and Writings as afore- ^'-- faid, and give Satisfadion in refped thereof to the faid Conjmiffionersj or any five or more of them : Vol. Vm. 4 N ^ And ■ c'C.