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


payment 10 the S5yeral treasurers therein
mentioned, or ihsy hue of payment be clap
sed, and the treasury or treasurers has there
upon issued his or xAeir warrant or warrants
Of distress that 10 CHER case IT shall and may
be lawful for the Sskcinen of such town, As
SCISSORS of srch plsetaiion, or committl IDbf
such parish, On Nc sn motion, or at the re.
quest Of their r@pect Assessors or Treasur-
ers, 10 call a town, plantation or parish meet
ing, IN due form of law J setting forth in their
warrant The cause of-such meeting, and re-
quiring the voters qualified by law at the said
meeting If the said voters shall think il proper,
either by themselves or such person or per-
sons as they shall appoint, TO settle with the
said constable or collector, who is under Ell
Their OF the above mentioned circumstances,
and who has or is about 10 remove as aforesaid
for the money he has received on the rate bill
or bills that have been delivered to him, and
demand and receive his said bill or bills, and
give him discharge therefor and at the said
meeting may proceed TO the choice OF another
constable or collector. And the assessors shall
! make out a new warrant under their hands, in
due form OF law, and shall deliver the warrant,
together with the same bill or bills, to the
person chosen as Aforesaid, to collect and levy
what shah be remaining due thereon, and the
person so chosen is hereby vested with the
same authority to levy and collect what shall
then remain due on the same bill or bills, as
the constable or the collector was, to whom
they were FIRST commit ted.
SECT. SO. Be IL further enacted, That if
any constable or collector 80 removing or IN
tending TO remove himself out of this State,
shall refuse to deliver The bill or bills Of rates
or assessments committed 10 him 10 collect,
and all monies collected by him thereon and
remaining in his hands, when demanded by
tue assessors or selectmen or the major part Of
them as aforesaid, TO deliver the same, he
shall pay fine OF two hundred dollars to the
use of the town, plantation OF parish ofwhich
he was constable or collector TO be recovered
by such town, plantation or parish, in any &C
ton ofdebt to be brought in any court of law
proper to try the same, and shall remain liza
bic 10 pay what shall remain due upon the
bill or bills committed to him TO collect, as is
provided by this act.
SECT 40. BE it further enacted, That when
any constable or collector of any town, plan
tation or parish, who is already, or may here
after become non compos mentis, and who hath,
or may have guardian duly appointed, or
who bath already been, or may hereafter, by
bodily iDtirmities, be rendered incapable Of
dischsrgiDg the duties of his Office, 10 the
judgment of the assessors, before such insane
or inhrm constable or collector hath perfected
his collection, the assessors shall tbereupon
procure and appoint, in writing, under their
hands, some suitable person a collector, to
perfect such collection, and grant him war
rant for that purpose and the person so sp-
pointed shall have the same power and au-
tborlly as were granted to such insane or IN
firm constable or collectors PROVIDED neUer-
thetess, that no person shall be appointed to
complete the collection of such inhrm collect
or unless he shall request the same find pro-
O,ded further, that whenit shall appear TO the
assessors, that such insane or in6rm constable
or collector shall have paid to the treasurer or
treasurers, to whom he was accountable,
larger sum or sums of money than the amount
OF the monies that he has collected from the
persons borne on bis list Of assessment, the as
SCISSORS, 10 their warrant 10 the collector by
them appointed, shall direct him to pay such |
sum as shall appear 20 them TO be overpaid, as
aforesaid, TO the guardian Of such insane con-
stable or collector, or to such inhrm constable |
or collector as the case may be. And in The |
cases aforesaid, and in case of the decease of |
any constable or collector of taxes before his |
perlectiDg his collection, The assessors for the
time being shall have power to demand and
receive the list or lists Of assessments of and
from such infirm constable or collector, or
from the guardian Of such constable or colIec.
tor as shall be non conlpos nlentis, or from
the executors or administrators of any deceas.
ed constable or collector, or Of and from any
person in whose hands the same may be. and
to deliver the same TO the collector newly ap-
pointed.
SEC. Al. Be IL further enacted, That il
any Constable or Collector to whom any tax
or assessment shall be committed to collect,
shall be remiss and Negligent of his duty in not
levylng and paying unto the Treasurer Of this
Stale such sum and sums OF money as he shall
from time TO time have received, and as ought
by him TO have been paid within the resrec-
tive times set and limited by the assessors
warrant pursuant 10 law, the Treasurer Of this
State IS hereby empowered, after the expirs-
ton OF the time 50 set, by warrant under his
hand and seal directed 10 the Sheriff or bis
deputy, 10 cause such sum and sums Of money
10 be levied by distress and sale oil such def
cient Constable or Collectors estate real and
personal, returning the oyerplus il any there
be; and Tor want OF such estate, to take the