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Penalty; Distress; In such Case, and on Surveyor dying, another to be chosen.
And bee it further enacted by the Authority aforesaid That if any person or persons not haveing any lawfull Excuse to bee allowed as aforesaid shall neglect or refuse to take upon him or them the said Office of Surveyor being thereunto nominated and chosen as by this Act is appointed or to doe and performe his or theire Duty in the due and speedy Execution of this Act the said Justices att their Quarter Sessions shall and may hereby have Power to impose on such person or persons soe refuseing or neglecting such Fine or Fines not exceeding Five pounds upon each person soe refuseing as to them shall seeme meete and to cause the same to bee levyed by Distresse and Sale of his or their Goods rendering to the party the Overplus if any shall bee And then and in such case or in case of the Death of any of the said Surveyors some other Person or Persons shall bee appointed by two or more Justices of Peace that live nearest to the party or parties soe dyeing refuseing or neglecting and such other person or persons soe to bee appointed by the said Justices are hereby required to execute theire said Offices in such Manner and under such Penalties as if they had beene chosen by the Justices att their Sessions of the Peace as aforesaid.
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