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A52201 Acts and laws passed by the Great and General Court or Assembly of the Province of the Massachusetts-Bay in New-England begun and held at Boston, the thirty-first of May, 1699, and continued by several prorogations unto Wednesday the thirteenth of March following, and then Sat.; Laws, etc. Massachusetts. 1700 (1700) Wing M955; ESTC R25493 24,499 18

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than his or their proportion with others according to the Rule given to said Assessors to the Sum set upon such Town or Precinct by any Act or Acts of the General Assembly said Assessors shall ease him or them so agrieved And if they shall refuse so to do such person or persons agrieved complaining unto the next General Sessions of the Peace within that County and making appear that he or they are assessed more than his or their proportion as aforesaid shall be heard and relieved by the Justices in said Sessions and shall be reimbursed out of the Town Treasury so much as the said Justices or Assessors respectively shall see cause to abate him or them with the Charges And the Court of General Sessions of the Peace are Impowred upon the complaint of any party grieved to require the Assessors to produce the Lists of their Assessment And be it further Enacted by the Authority aforesaid That all County and Town Rates and Assessments shall be apportioned by the Select-men or Assessors of the several Towns and Precincts within this Province Town County Rates to be apportioned by the same rule as publick Taxes granted the same year upon the Inhabitants and Estates within the same according to the Rule that shall from time to time be prescribed and set by Act of the General Assembly for the apportioning and assessing of the Publick Taxes that shall be granted unto His Majesty in that same year And such Select men or Assessors shall be under the like obligation of the Oath administred unto them for making of the publick Tax equally and impartially to proportion such County or Town Assessments by the same Rules And be it further Enacted by the Authority aforesaid That the Freeholders and Inhabitants of any Town duly qualified to Vote in Town Affairs may if they see cause at the same time that they choose Assessors as is before provided Collectors of publick Taxes may be chosen at the same time with the Assessors likewise Elect and Choose a meet person or persons to be Collector or Collectors of the Publick Rates or Taxes that shall be assessed upon such Town and agree what Sum or Sums shall be allowed and paid out of the Town Stock unto such Collector or Collectors for his or their Service therein But if such Collector or Collectors so to be Chosen shall refuse to accept that Service or that none such be chosen Then the Constable or Constables of such Town shall collect and gather such publick Rates or Taxes And every Collector or Constable shall have a Warrant from the Treasurer and Receiver General impowring him to collect such Rates or Taxes as shall be committed to him to collect and shall pay in the same according to the directions in such Warrant And in case of any Constables or Collectors decease before his perfecting the Collection of any publick Assessment committed to him Provision in case of Constables or Collectors decease the Assessors of such Town shall procure and appoint at the Towns Charge some other fit person or persons to perfect the same Collection and present his or their names unto the Treasurer who is hereby authorized and required to enable and impower such person or persons to collect the same by granting him or them his Warrant And be it further Enatted by the Authority aforesaid Sheriff to disperse the Treasurers Warrants That the Treasurer and Receiver General shall send such Warrants as he shall be from time to time ordered to issue for the assessing or collecting any publick Rate or Tax inclosed to the Sheriff or Marshal of each respective County who is required immediately to disperse and transmit the same unto the Assessors Constables or Collectors of the several Towns and Precincts within such County according to the directions thereof And for his Service Charge and Expence therein To be paid out of the County Treasury shall have a reasonable allowance ordered him by the Justices of the General Sessions of the Peace in the same County to be paid out of the County Treasury upon his laying the account thereof before them And be it further Enacted by the Authority aforesaid That if any person or persons shall refuse to pay the Sum or Sums whereat they shall be assessed as their proportion to any publick Rate or Tax in the List committed to any Constable or Collector under the hands of the Assessors of such Town or of the major part of them Constable or Collector impowred to distrein in case c. upon demand thereof made by the said Constable or Collector by virtue of the Warrant to him given It shall and may be lawful to and for such Constable or Collector and he is hereby authorized and required in such case to distrein the person or persons so refusing by his or their Goods or Chattels and the distress or distresses so taken to keep by the space of four dayss at the cost and charges of the Owner thereof And if the said Owner do not pay the Sum and Sums of Money so assessed upon him within the said four days then the said distress or distresses to be forthwith openly Sold at an outery by the said Officer for payment of the said Money Distress to be Sold by Outery notice of such Sale being posted up in some publick place in the same Town twenty four hours be fore hand and the over plus coming by the said Sale if any be over and above the Charges of taking and keeping the said Distress or Distresses to be immediately restored to the Owner And if any person or persons assessed as aforesaid shall refuse or neglect to pay the Sum or Sums so assessed Persons to be committed not having whereof to distrein by the space of twelve days after demand thereof where no sufficient distress can or may be found whereby the same may be levied In every such case two or more of the Assessors in such Town are hereby Authorized by Warrant under their hands and seals to commit such person or persons to the Common Goal there to be kept without Bail or Mainprize until payment shall be made And be it further Enacted by the Authority aforesaid That where any person or persons shall remove from any Town or place where he or they lived Persons removing from the place where they were assessed may be taken in any other or had his or their residence at the time of making the Lists of any publick Tax or Assessment not having before paid the respective Sum or Sums set upon him or them by such Lists It shall and may be lawful to and for the Constable or Collector to whom any such Tax or Assessment shall be committed with Warrant to collect and he is hereby authorized and impowred to demand the Sum or Sums assessed upon such person or persons in what Town or place soever he or they may be found and upon refusal or neglect to pay