The Commissioners may sue and be sued for or with respect to any Matter or Thing to be done in the Execution of this Act, or for any Penalties recoverable under the Provisions thereof, in the Name of their Clerk or in the Name of any Three of the Commissioners; and no Action or Suit wherein the Commissioners shall be concerned as Plaintiffs or Pursuers or Defendants or Defenders in the Name of their Clerk, or in the Name of any Three of the Commissioners by virtue of this Act, shall abate by the Death or Removal of any such Clerk or Commissioner; but the Clerk for the Time being, or any Three of the Commissioners to be for that Purpose nominated, if Plaintiff or Pursuer, or who may be sued if Defendant or Defender, shall be deemed to be the Plaintiff or Pursuer or Defendant or Defender (as the Case may be) in every such Action or Suit.