The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-29

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and committed to gaol, shall net within three
months satisfy the same, m such case the town
or plantation, whose constable or collector so
tails OF his duty, shall within three months
from the expiration OF the said three months
first mentioned, make good 10 the treasury the
sum or sums due or owing TO the same from
such deficient constable or collector And the
assessors OF such town or plantation, having
notice in writing from the treasurer Of the fail
ure of any constable or collector as aforesaid,
shall forthwith thereupon, without any other
or further warrant, assess the sum, the SAID
deficient constable or collector IS deficient,
upon the nhabltaDts and estates OF such town
or plantation in manner as the sum so commit
ted to such deficient constable or collector was
assessed, and commit The same TO some other
constable or collector with warrant to collect !;
and 10 default thereof the treasurer Of this
State is directed and empowered to issue a
warrant OF distress, against such deficient as
SCISSORS for the whole sum which may remain
due from such deficient constable or collector,
which shall be executed in The same manner
as is prescribed in this Act for serving other
warrants of distress, which may be issued by
such treasurer Provided aLways, That such
constable or collector failing Of his duty as a.
ioresaid, for whose default the town, or planta-
tion is answerable, as before expressed, shall,
at all times afterwards, be liable 10 the action
or suit OF the inhabitants, 10 their corporate
capacity, for all such sum and sums as were
assessed upon the same through bis defect, and
for other damages occurring to them thereby.
And in case Of the decease of any constable or
collector in any town, plantation or parish,
before his having adjusted the accounts of bis
assessments 10 him committed TO collect, for
such town, plantation or parish, the executors
OF administrators Of such constable or collect
or shall, within two months after his decease,
settle and make up account: with the assessors
of the said town, plantation or parish, Of such
part OF the assessment as was received and col
lected by the deceased constable or collector,
in his lie time, with which such executors or
administrators shall be chargeahle ia like man.
ner as the deceased constable or collector
should be, if living and such assessors shall
thereupon procure ADD appoint, in writing,
some suitable person, a collector to perfect
such collection and the penon so appointed,
is accordingly hereby empowered and requir-
ed TO execute all such powers as were grant
ed TO the deceased constable or collector And
if the executors or administrators of any ceh
stable or collector so deceased, not having jul
ly collected the assessment committed, shall
fail of making up and settling the account Of
what was received by the deceased as afore-
said, before the expiration OF the time atore-
said, such executors or administrators shall be
chargeable with the whole sum committed to
their testator or intestate, in case there be
sufficient assets, in the same manner the de-
ceased constable or collector should be, If liz.
ing.
SECT. A. Be 1t further enacted, That if the
constable OF collector of any town, plantation
or parish within this State, to whom any coun-
ty, town plantation or parish rates or assess
ments shall have been committed to collect,
shall be remiss 10 bis duty, by neglecting to
collect and pay In the same 10 the treasurer of
such county, town, plantation or parish, by the
time fixed in the warrant to him directed, such
treasurer is hereby empowered to issue his
returnable in ninety days under his
hand and seal directed TO The Sheriff OF the
county or his deputy (who are hereby respec-
lively directed and empowered TO execute the
sane) TO cause such sum or sums of money as
such constable or collector hath not paid in,
10 be levied by distress and sale of his estate
real or personal, returning the overplus, if any
there be; aud for want of such estate 10 take
the body of such constable or collector and
him lmprison until he pay the same and the
ants i,- b. ,A-t- E.i
(SeaD IS. A. B. Treasurer of the Of B. in
the said county To the Sheriff Of the cuun-
ty of or bis deputy, greeting whereas
G ID OF aforesaid addition on the
day of being of'rates and taxes
granted and agreed on by the aforesaid,
had list OF assessments, duly made by lhe as
SCISSORS OF the aforesaid, amounting TO the
sum OF committed to him, with warrant
under their hands, directing and empowering
him to collect the several sums ia The said as
sessment mentioned, and pay the same 10 the
Treasurer OF aforesaid by the day OF
but the said G. d. hath been remsS ID
his duty by law required, and bath neglected
10 collect the several sums aforesaid, aud pay
The same 10 the Treasurer Of the aforesaid;
and there still remains due thereof the sum oil
and the said d still neglecls to pay the
same you are hereby in the name Of the
State Of Maine required forthwith 10 levy the
aforesaid sum OF by distress and sale Of
The estate real or personal Of The said c ID aud
pay the same unto the treasurer Of the said
returning the overplus, if any there be, 10 the
said c ID, aud for want Of such estate 10 take
the BODY Of the said G ID and him commit 10