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CHAP. 1.
Deputies, &c
when called upon,
to deliver up ac-
counts, &c.
Upon neglect,
clerk of commis-
sioners of tax au-
thorised to adjust
accounts, &c.
Provisos.
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2. And be it enacted, That the several and respective deputies,
agents or receivers, of the said William S. Handy, engaged or ap-
pointed by him, or acting as such, or in any manner, or who may
have been at any time concerned in the receipt or collection of the
said public taxes or county levy, under the said William S. Handy,
or by virtue of his authority, or in his name, or otherwise, do and
shall, at the request of, and when called upon by the said John
King, Robert Leatherbury, Henry Banks, senior, Samuel Heath,
Josiah F. Polk, and others, securities as aforesaid, or their agent
or attorney, upon their respective oaths, produce, shew, explain,
and deliver up to the clerk of the commissioners of the tax for So-
merset county, all the books, accounts, papers, memorandums and
Touchers whatsoever, of the said deputies, agents, receivers or
others, so concerned as aforesaid, to be by the said clerk kept; and
it shall and may be lawful for the securities as aforesaid, and all
persons concerned, to take transcripts from and copies of the said
books, accounts, papers, memorandums and vouchers, so with the
said clerk deposited.
3. And be it enacted, That if any of the agents, deputy sheriffs,
deputy collectors, or receivers of the said William S. Handy, shall
not, in five days after having been called upon by any of the se-
curities of the said William S. Handy, on his sheriff's or collector's
bonds, or by their agent or attorney, comply with the directions of
this act, and deposit with the clerk of the commissioners of the
tax, on oath, as aforesaid, all the books, accounts, papers, memo-
randums and vouchers, relating or in any wise appertaining to his
said offices of sheriff and collector for Somerset county aforesaid,
the said clerk is empowered, and hereby required, to adjust the ac-
counts between the said William S. Handy and any of such depu-
ties, and such person or persons, according to the best evidence
which the said clerk may be able to obtain concerning his the said
deputy's receipt, collection, or neglect of duty, as deputy; and
after such adjustment, the said clerk is required to file such adjust-
ed account, in the clerk's office of Somerset county; and it shall
and may be lawful for the county court of Somerset, and they are
hereby authorised and required, upon motion made to them in be-
half of the said securities of the said William S. Handy, and on
exhibiting to the said court the above adjusted account, to order a
judgment to be entered, and an immediate execution to be awarded
thereon, against the person or property of such deputy sheriff, or
deputy collector; Provided, that a copy of the demand, and notice
of such intended motion, be delivered in writing to such deputy
sheriff or deputy collector, or left at his last place of abode, for the
space of twenty days previous to the sitting of the court at which
such application shall be intended; And provided also, that if such
deputy sheriff or deputy collector shall, in person or by attorney,
controvert the demand, and desire a jury to be impannelled to as-
certain the sum of money really due and payable, the court shall
direct a jury to be immediately impannelled, and charged to try
and ascertain an issue, whether the said deputy sheriff or deputy
collector be chargeable with, and liable to pay, any and what sum
or sums of money, to the person or persons so claiming and au-
thorised to receive the same in the place of the said William S.
Handy; and the court is hereby authorised and required, upon such
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