from collector.

Collector to give to surveyor.

Account in

monies re

ceived.

And to pay all

money to surveyor.

security from every collector appointed by virtue of this Act, for the due execution of his office of collector, which security shall be to the full amount of the sum likely to be in the hands of the said collector at any one time, and shall be by bond without stamp.

38. And be it further Enacted, That every collector appointed by virtue of this Act shall under his hand, and at such time and in such manner as the surveyor may direct, deliver to the said surveyor as aforesaid true and perfect accounts in writing of all monies which shall have been by writing of all such collector received by virtue of this Act, and also a list of the names of all such persons as shall have neglected or refused to pay their respective rates, and of the monies due from them respectively; and that every such collector shall pay all such monies as shall remain due from him to the said surveyor as aforesaid; and if any such collector shall refuse or neglect to make and render such account, or to produce and deliver up the list of persons neglecting and refusing to pay their rates as aforesaid, or to make payments as aforesaid, or Penalty for shall refuse or wilfully neglect to deliver to the said surveyor making default. as aforesaid, or to such person as he shall appoint to receive the same, within three days after being thereunto required by the said surveyor as aforesaid by notice in writing under his hand given to or left at the usual place of abode of such collector, all books, papers, and writings in his custody or power relating to the execution of this Act, or to give satisfaction to the said surveyor as aforesaid respecting the same, then and in every such case, upon complaint made by the said surveyor as aforesaid of any such refusal or wilful neglect as aforesaid, to any Justice of the Peace, such Justice may and he is hereby authorized and required to issue a summons under his hand for the collector so refusing or neglecting to appear before any two Justices of the Peace; and upon the said collector appearing, or having been so summoned and not appearing without some sufficient or reasonable excuse, or not being found, it shall be lawful for the said two Justices to hear and determine the matter; and if, upon confession of

the party, or by the testimony of any credible witness on oath, it shall appear to such Justices that any monies remain due from such collector, such Justices may and they are hereby authorized and required, upon nonpayment thereof, by warrant under their hands, to cause such money to be levied by dis- Money to be levied by sale tress and sale of the goods and chattels of such collector; and of goods, &c. if no goods and chattels of such collector shall be found suffi- of collector. cient to answer and satisfy the said money, and the charges of distraining and selling the said goods and chattels, then and in every such case such Justices shall and they are hereby required to commit such offender to the common gaol or house of correction for the county, city, or place where such offender shall be or reside, there to be kept to hard labour for a period not exceeding six calendar months, or until he shall have paid such monies as aforesaid, or compounded with the surveyor as aforesaid for such money (which composition the said surveyor, with the consent of the inhabitants in vestry, or, in any parish where they do not meet in vestry, with the consent of the inhabitants contributing to the highway rate at a public meeting assembled, is hereby empowered to make and receive); or if it shall appear to such Justices that such If collector refuse to give collector had refused or wilfully neglected to render and give accounts, &c. such accounts, or to produce and deliver the lists of persons neglecting and refusing to pay their rates as aforesaid, or that any books, papers, or writings relating to the execution of this Act remained in the hands or in the custody or power of such collector, and he refused or wilfully neglected to deliver or give satisfaction respecting the same as aforesaid, then and every such case such collector shall, on conviction thereof, forfeit for such offence any sum not exceeding twenty pounds, Penalty not and in default of payment thereof shall be committed to the exceeding £20% or imprisoncommon gaol or house of correction for the county, city, or ment, &c. place where such offender shall be or reside, there to be kept to hard labour for a period not exceeding four calendar months, or until he shall have given a true and perfect account as aforesaid, and delivered such list as aforesaid, and delivered up such books, papers, and writings, or give satisfaction in respect thereof to the said surveyor: Provided always, That

in

no conviction or imprisonment of such collector as aforesaid shall exonerate or discharge any security taken from him on his appointment as aforesaid.

Separate accounts to be kept.

39. And be it further Enacted, That the surveyor in every parish shall keep separate and distinct accounts of the monies levied for the highway rate; and such accounts shall specify the different sums, and the times when, and the persons to whom and by whom the same shall have been collected and paid.

Surveyor to keep books and account of monies received, &c.;

40. And be it further Enacted, That the said surveyor, district surveyor, or assistant surveyor, as the case may be, shall and he is hereby required from time to time to keep a book, in which shall be entered a just and true and particular account of all money which shall have come to his hands as surveyor, district surveyor, or assistant surveyor of the parish for the purposes of this Act, and to whom, and on what occasion, and for what work, and in what place, and on what day he shall have paid or applied the same, and also an account of all tools, materials, implements, and other things provided by him for the repair of the said highways; and such book shall at all reasonable times be open to the inspection of every inhabitant rated to the highway rate of the parish, or of any of the parishes united into a district, without fee or reward, and every such inhabitant may take copies or extracts from the Penalty in case said book, or any part thereof, without paying for the same; of neglect.

to be open to inspection of rated inhabitants.

and in case the said surveyor, district surveyor, or assistant surveyor shall neglect to provide such book, or to enter therein every sum received or paid by him within one week after the same shall have been received or paid, or shall refuse to permit or shall not permit any such inhabitant as aforesaid at any reasonable time to inspect the same or take copies or extracts as aforesaid, such surveyor, district surveyor, or

assistant surveyor shall forfeit and pay any sum not exceeding five pounds for each default, to be levied and applied in manner herein provided. (a)

(a) Form of Weekly Account, Sched. 5.

Weekly Account of Money expended on the Highways of the parish of

to the

one thousand eight hundred and

from the

day of

The property in all books, &c. to be vested in surveyor for the Time being.

surveyor.

41. And be it further Enacted, That all the said books, papers, writings, and accounts, and all materials, tools, and implements which shall be provided in pursuance of this Act for repairing or preserving the highways, and also the scrapings of the said highways, shall be vested in the surveyor for the time being; or in case a district surveyor shall be appointed, then all such books, papers, writings, and accounts, and all materials, tools, implements, and scrapings shall be invested in the district surveyor.

Surveyor, on 42. And be it further Enacted, That the said surveyor, district quitting office, to surveyor, or assistant surveyor shall, within fourteen days after deliver leaving his office, deliver such books and accounts verified as books, &c. to succeeding herein directed, together with all such sums of money as shall be due from him, and likewise all tools, materials, implements, and other things as aforesaid, to his successor in office, or retain the same in his hands and account for them in his next account if he shall be continued surveyor or district surveyor of such parish in the succeeding year; and in case such surveyor or district surveyor shall neglect to deliver within such time as aforesaid the said books, papers, writings, and accounts, and such tools, materials, implements, and other things, in manner aforesaid, he shall for every such offence forfeit any sum not exceeding five pounds; and in case he shall make default in the paying or accounting for the money so due from him within the time and according to the directions aforesaid, he shall forfeit double the money so due.

Penalty for neglect.

In case of death of

surveyor, executors to account.

43. And be it further Enacted, That in case of the death of any such surveyor, district surveyor, or assistant surveyor, before he shall have paid and fully satisfied all the monies which he shall have received by virtue of this Act, then and in every such case the executors or administrators of such surveyor, district surveyor, or assistant surveyor so dying shall pay and satisfy the same out of his estate and effects unto the succeeding surveyor, district surveyor, or assistant surveyor, in like manner as other debts are directed by law to be discharged by such executors or administrators, and also shall