WARDENS' ORDINANCE. 497 



XXXVI. Justices in Petty Sessions to hear and determine objections to 

 rate. 



XXXVII. In case of objection, warden to cause survey to be made. Ex- 

 penses, how to be borne. And be it enacted, That in case of any objection to 

 any such assessment, on the ground of any incorrectness in the extent, classi- 

 fication, or valuation of any such lands, it shall be lawful for the warden to 

 cause a survey of such lands to be made by any person whom the warden may 

 appoint for that purpose, and the expenses of the survey, if such objection 

 shall prove to be unfounded, shall be borne by the party making such objec- 

 tion, and may be recovered in a summary manner on the complaint of the 

 warden before a justice of the peace, and if such objection shall prove to be 

 well founded, the expenses of the survey shall be defrayed by the warden 

 from the funds of the ward. 



XXXVIII. Rates to be entered in a rate book. 



XXXIX. Amount of rate to be paid by persons in possession, and to be a 

 preferential charge on rated property. 



XL. Proviso Not to affect agreements between landlords and tenants. 



XLI. No goods of rated parties to be taken under any execution or 

 assignment without payment first made of arrears of rate. 



XLII. Payment of rates, how to be enforced. And be it enacted, That 

 in case any default shall be made in the payment of any such rate, on or 

 before the 31st day of March, of each year, it shall be lawful for the 

 warden of the ward, at any time after such default, to issue one or more 

 warrant or warrants under his hand, directed to any constable and his 

 assistants ; and it shall be lawful for every such constable or his assistants, 

 by virtue of such warrant, to distrain any goods or chattels which may be 

 found in or upon the house, lands, and premises, charged with such rate, or 

 to distrain the person or persons liable to such rate by his or their goods and 

 chattels wherever the same may be found, and the distress so taken to keep 

 by the space of four days at the costs and charges of the party so in default, 

 and if the said party do not pay the amount of such rate within the said four 

 days, then the said distress shall be sold by such constable, or his assistant, 

 for payment of such rate, and the overplus coining by the said distress (if 

 any there be), after deducting the amount of such rate, and also the costs 

 and charges of taking, keeping, and selling, the said distress, which costs 

 and charges, when allowed by the warden, such constable is hereby authorised 

 to retain, shall be restored to the owner thereof; and, moreover, it shall be 

 lawful in such case for such constable or his assistant to break open in the . 

 day-time any house upon warrant under the hand of the warden obtained for 

 that purpose. 



XLIII. Parents and guardians of persons under age, and heirs, execu- 

 tors, and administrators of deceased persons to be charged with payment of 

 the rate. 



XLIV. If no sufficient distress, constable to endorse on the warrant a 

 return to that effect, and return it to warden. Warden to certify all such war- 

 rants, and houses, fyc., rated, to Court of Intendant. 



XLV. Court of Intendant to order such houses, $*c., to be sold. And be 

 it enacted, That it shall be lawful for the Court of Intendant to order and 

 direct all such houses, mines, quarries, and lands, to be put up for sale by the 

 escribano of the Court, at an upset price or sum equal in amount to the 

 arrears of rate due upon the same respectively, and a per centage at and 

 after the rate of 20 for every 100 of the amount of such arrears ; 

 and such houses, mines, quarries, and lands, shall be put up for sale, unless 

 the amount of such arrears and such per centage be paid before the day 

 appointed for such sale, on a convenient day to be ordered for that purpose 



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