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Manner of proceeding in the collection of the rates.
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40. Such first elected commissioners, having determined upon and imposed such first assessment and applotment, shall issue orders to their collector or collectors to collect such rates as aforesaid; and such collector or collectors, and each of them, shall be furnished with a written warrant or order empowering him or them in that behalf, subscribed by the chairman and clerk of the commissioners for the time being, and shall also be furnished with a copy of such applotment, or such part thereof as shall be requisite for any such collector, respectively attested by the signatures of the chairman and clerk of the commissioners for the time being, and every such collector shall, if so required, exhibit such warrant and copy of applotment upon demanding the sum applotted; and such collector or collectors, on receiving the sum applotted, shall give a receipt for the same, and such receipt shall be to the party holding the same a full acquittance and discharge for the sum expressed therein to have been received; and every such collector shall proceed with all due diligence, after receiving such warrant and copy of applotment, to collect and levy the monies assessed upon the said several premises, and shall make demand of the same, upon the premises chargeable, of and from any person found thereon in occupation of the whole or part; and if no person so occupying be found thereon, then and in such case such collector shall make demand of the monies so assessed at the dwelling house of the party chargeable for and in respect of such premises, if such person reside within such city, town corporate, borough, market town, or other town, or the suburbs or liberties thereof; and if such person do not reside therein, and if no person be found in occupation of the premises chargeable, then and in such case such collector shall affix on some part of such premises a notice bearing date the day and year of affixing the same, subscribed with the name and abode of the collector affixing the same, requiring payment of the sum applotted within fourteen days from the date of such notice; and in case upon making demand of the sum applotted as before directed, either from any person found in occupation of the whole or part of the premises rated, or at the dwelling house of the party chargeable, the sum demanded be not paid such collector shall deliver to such person, or shall leave at such dwelling house, a notice of the like tenor and purport, dated, subscribed, and expressed as aforesaid, and within the fourteen days specified in any such notice the money demanded may be paid to the said collector at his house or office; and if not paid within that time, such collector, or any other collector duly authorized, shall make further demand of the same upon the premises chargeable, or at the dwelling house of the party chargeable, or shall affix a notice of such second demand upon some part of the premises chargeable, in like manner as is herein-before required and directed in case of the first demand of such money; and if such money be not paid to such collector upon such second demand, nor within three days after making the same, then such collector may at any time afterwards procure a warrant, subscribed by the chairman of the said commissioners, which warrant the said chairman of the commissioners is hereby authorized and required to grant, upon a certificate, signed by the said collector or collectors, of such demands having been made, and such notices having been given or affixed, and such money remaining unpaid, and it shall be lawful for such collector, by virtue of such warrant, and such collector is hereby authorized and empowered, to enter upon the premises chargeable, and to seize and distrain the goods and chattels of any person whomsoever which he can find thereon; and if no sufficient distress can be found thereon, then to seize and distrain the goods and chattels of the party chargeable for and in respect of such premises, wheresoever the same can be found; and for that purpose to enter any dwelling house or other house, shop, warehouse, or other tenement, within such city, town corporate, borough, market town, or other town, or the suburbs or liberties aforesaid, belonging to such party; and if the sum charged be not paid within fourteen days from such seizure, together with the costs of distress, it shall be lawful for such collector to sell the goods so seized by public cant or auction for such sum and costs, such costs to be set forth and specified in the warrant authorizing such distress; and the overplus, if any, shall be paid to the party distrained, or his representatives.
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