Page:Ruffhead - The Statutes at Large - vol 8.djvu/547

A. D. 1759. Anno trlcefimo tertio Georgii II. C. 22> 513 Executors, Adminiftrators and Afligns refpectlvely, fliall have the fame Power, Rights and Privi- eges of raifing and recovering the feveral Taxes and Sun)s of Money payable by the feveral Owners and Occupiers of the faid Fen Lands and Low Grounds, for and in refpect of fuch principal Mo- ney and Intereft, in cafe of Default of Payment thereof, as the faid CommiiTioners or their Col- lectors could have had, in cafe the faid Principal and Intcreft had been regularly and fully fa- tisfied and paid. XXIL And be it further enacted. That every Perfon, to whom any Affignment of the faid Rates and to be aflignalle by and Taxes fhall be made for fecuring any fuch Sum or Sums of Money lent as aforcfaid, or who Indorfcment. fhall be intitled to the Money thereby fecurcd, fhall have full Power, from time to time, by Indorfe- ment on the original Grant or Security, without Stamps, to afiign or transfer the fame to any i^erfon or Perfons whomfoever ; and fuch Transferor Alignment, from and after the Time th U the fame is entered in a Book to be kept by the faid Commifiioners for that Purpofc (which Entry their Clerk or Treafurer is hereby required to make, upon producing fuch AfTignment and Payment of one Shilling for the faid Entry) fhall intitle fuch Alfignee or Aflignees, his, her or their Executors, Adminiftrators, or Afligns, to the faid principal Sum and all the Intcreft due or to grov/ due there- upon ; and fuch Aflignee or Affignecs may, in like Manner, afiign again, and fo totlcs quoties, as Occafion fhall require, every fuch Affignment being entered as aforcfaid. XXin. And be it further enacted. That if any Perfon or Perfons fo rated and taxed as aforcfaid. Recovery of Taxes, fhall refufe or neglect to pay the Rate or Tax charged upon him, her or them refpectively, wirhin the Space of twenty-one Days after the refpective Times of Payment to be appointed by the faid Commiflioners (publick Notice thereof being affixed upon the Market Crofs at Ely for the Firft Diftrict, and upon the Market Crofs at Mildenball for the Second Diftrict, by the Collector or Receiver of the faid refpective Diftricts for the Time being) it fliall be lawful for fuch Col- lector or Receiver refpectively, or for any other Perfon or Perfons, by virtue of any Warrant or Precept under the Hands and Seals of five or more of the Commiflioners (which faid Warrantor Precept fuch Commiffioners, or any five or more of them, in their refpective Diftricts or Divifions, are hereby impowered and required, from time to time, to make, as Occafion fliall require) to levy the Sum or Sums fo aflefted and rated by Diftrefs and Sale of fuch Goods and Chatties as fliall be found upon all or any of the Grounds and Premifl'es fo charged with any fuch Sum or Sums of Money, if any Diftrefs can be found thereon; and the Goods and Chatties 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 fhall not, within the faid Space of five Days, pay the Sum or Sums fo afTefTed or rated, that then the Goods and Chatties fo diftrained fhall be appraifed by two or more of the Inhabitants of the Parifh where the fame fhall be taken, or other fufficient Per- fons, and be fold by the faid Collector or Collectors, Receiver or Receivers, for Payment of the faid Money ; and the Overplus (if any be) coming by fuch Sale, after the Sum or Sums fo rated and afTefTed, and the Charges of taking, keeping, and felling the faid Diftrefs are de- ducted, fhall be returned to the Owner or Owners thereof, upon Demand : And the feveral and refpective Tenants of all and fingular the faid Fen Lands and Low Grounds, bounded and defcribed as aforcfaid, which are or fhall be afl'efTed or rated by virtue of this Act, are hereby required and authorized to pay the Sum and Sums of Money which fliall be fo aftefTed and charged upon fuch Fen Lands and Low Grounds ; and to deduct out of the Rent fo much of the faid Af- fefTment or Rate as the faid Fen Lands or Low Grounds, or the Tenant or Tenants in refpect thereof, are or fliall be afTefTed or rated at ; and the Landlords, both mediate and immediate, ac- cording to their refpective Interefts, are hereby required to allow fuch Deduction and Payment, upon Receipt of the Refidue of their Rent ; and every Tenant, paying fuch AfTeiTment or Rate, fnall be acquitted and difcharged for fo much Money as the faid AlTeflment or Rate fhall amount to, as if the fame had been actually paid to the Perfon or Perfons intitled to the Rents of fuch Lands or Grounds ; except where there is a Leafe for three or more Years to come, from the Commencement of this Act, in which Cafe, the Proportion of the AfleflJnent or Rate which the Tenant oug'it to bear and pay, in Confideration of the Benefit he receives, fhall be adjufted and awarded by feven or more of the Commiffioners for putting this Act in Execution, within their refpective Diftricts or Divifions ; but the Taxes or AflefTments for and in refpect of the Farm and Lands, called Sheppey Farm., or Sheppey Dairy, fhall always be paid and borne by, and in cafe of Nonpay- ment, levied upon the Tenants or Occupiers of the faid Farm and Lands, and not by the Landlords thereof; any thing herein before contained to the contrary thereof in any wife not- withftanding. XXIV. Provided alfo, and be it further enacted by the Authority aforcfaid. That the Taxes Taxes aiTefled upon the which are or fhall be aftefTed by virtue of this Act, upon the Lands of Jnn 5r^/^/, Widow, Lands of Ann BrafTet, to row leafed, for the Term of her Life, to Thomas Smithy his Executors, Adminiftrators and Affigns, ^^ P^'"^ y Thomas fhall, during the faid Leafe, be paid and borne by the hid Thomas' Smithy his Executors, Adnii- ^'""^' niftrators, or Affigns, and not by the faid Jnn B r aj/ett 'y-zny thing herein before contained to. the I contrary notwithftanding. [ XXV. Provided^ alfo, and it is hereby enacted and declared. That in cafe any of the faid Fen Lands to remain as Secu- Lands and Low Grounds fhall, at any Time hereafter, be untenanted or unoccupied, fo that no "ty for Taxes in Anear; fufficient Diftrefs can be found for levying the faid Rates and Taxes, then the Lands and Grounds Chargeable therewith fhall always remain a Security for Payments thereof j and all Goods and Chat- j Vol. VIII, U u u ^ tels, I