Commissioners Clauses Act 1847

LXXI Summary Recovery against Parties failing to account.

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 or the special Act, or any Act incorporated therewith, or belonging to the Commissioners, then, on Complaint thereof being made to a Justice or to the Sheriff, such Justice or Sheriff shall summon such Officer to appear before Two or more Justices or before such Sheriff, according as the Summons may have been issued by a Justice or by the Sheriff, 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 Justices or Sheriff 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 Monies of the Commissioners are in the Hands of such Officer, or owing by him to the Commissioners, such Justices or Sheriff may order such Officer to pay the same, and if he fail to pay the Amount it shall be lawful for such Justices or Sheriff 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. L