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High constables and collectors to give security.
Presentment to them of poundage for trouble of collecting.
Power to appoint deputies.
Securities, &c. to vest in treasurer.
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148. Provided always, that no person shall act as high constable or collector unless he shall have given security at the assizes before the grand jury by whom he shall have been appointed, or before the justices of the peace at the sessions if such high constable or collector shall have been appointed at sessions, by two sufficient sureties joining with him in executing a bond and warrant of attorney, without stamp, to confess judgment to the treasurer of the county, conditioned for his duly collecting and paying to such treasurer on or before the first day of the next assizes all such public money as he is or shall be required by him to collect; and on his producing to the grand jury the treasurer’s certificate of his having paid the same to the treasurer pursuant to such recognizance, it shall be lawful for the grand jury to present, without previous application to presentment sessions, a sum not exceeding ninepence in the pound on the amount of the collection to be paid to such high constable or collector for his trouble therein: Provided always, that no presentment for such poundage shall be made by any grand jury or fiated by the court, unless the treasurer’s warrant under which such high constable or collector has levied such public money shall be annexed to such presentment, nor unless such high constable or collector and their deputies respectively shall make affidavit before the said grand jury that such public money has been fairly and impartially levied, and that no more than the sum authorized by the treasurer’s warrant, with the customary collector’s fees, has been collected, to the best of his and their knowledge and belief; and every high constable and collector as aforesaid may, by writing under his hand and seal, appoint a deputy collector or deputy collectors, for whom he shall be answerable, to assist him in collecting the public money; and every such bond and any judgment entered thereon shall vest in and may be sued for by the treasurer for the time being, who shall be entitled to continue the proceedings of any former treasurer on filing a suggestion stating his appointment to such office, or on his making it otherwise appear to the court in which such proceedings may be pending that he is the acting treasurer.
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