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Tweed Fisheries Act 1857

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XXXI Summary Recovery against Officers failing to account.U.K.

If any such Collector or other Officer fail to render such Accounts as aforesaid, or to produce and deliver up all the Vouchers and Receipts relating to the same in his Possession or Power, or to pay the Balance thereof when thereunto required, or if for Five Days after being thereunto required he fail to deliver up to the Commissioners, or to any Person appointed by them to receive the same, all Papers and Writings, Property, Effects, Matters, and Things, in his Possession or Power relating to the Execution of this Act or belonging to the Commissioners, then, on Complaint thereof being made to the Sheriff or a Justice, such Sheriff or Justice shall summon such Officer to appear before such Sheriff or before Two or more Justices, according as the Summons may have been issued by the Sheriff or a Justice, at a Time and Place to be set forth in such Summons, to answer such Charge; and upon the Appearance of such Officer, or upon Proof that such Summons was personally served upon him or left at his last known Place of Abode, such Sheriff or Justices may hear and determine the Matter in a summary Way, and may adjust and declare the Balance owing by such Officer; and if it appear, either upon Confession of such Officer or upon Evidence or upon Inspection of the Account, that any Moneys of the Commissioners are in the Hands of such Officer or owing by him to the Commissioners, such Sheriff or Justices may order such Officer to pay the same, and if he fail to pay the Amount it shall be lawful for such Sheriff or Justices to grant a Warrant to levy the same by Distress or by Poinding and Sale, or in default thereof to commit the Offender to Gaol, there to remain without Bail for a Period not exceeding Three Months, unless the same be sooner paid.

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