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Power to re-present arrears unpaid by barony, &c. or unpaid by defalcation of collector, &c.
Application of money subsequently recovered from collector, &c.
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112. It shall be lawful for any grand jury at any presenting term to re-present any such sums of money as now are or at any time hereafter shall be unpaid or in arrear out of any denomination or barony, to be raised and levied on such denominations or barony upon which the same was originally required by the warrant of the finance committee to be levied, and to present all such sums of money which have hitherto been or which shall at any time hereafter remain unpaid on account of the absconding or insolvency of any collector or other person empowered to receive or collect public money who is or shall be insolvent, without prejudice to the liability of such collector or of his sureties, to be raised and levied either upon the county or upon the barony in which the same was before levied, as they shall think fit, which sums shall be levied in the same manner, and subject to the same rules, regulations, provisions, and powers, as any money to be levied by virtue of this Act is to be subject; and in case any money so in arrear or so detained by any collector or other person empowered to collect or receive public money shall be thereafter recovered it shall be paid to the credit of the finance committee; and such money so paid, and any balance, arrears of or surplus on the salary of any county officer, and all other such like surplus and balances of money raised by authority of this Act, or which may any how arise to the credit of the finance committee, shall be applicable to defray the expences of any public work, or any county charge whatsoever which the grand jury are authorized to present under the provisions of this Act, and shall be presented by the grand jury for such of the said purposes as to them shall seem expedient: Provided always, that such sum shall be applied to the credit of the barony off which it was originally levied: Provided also, that before it shall be lawful for any grand jury to re-present any sum of money as unpaid or in arrear out of any barony or denomination it shall be made to appear by affidavit of the collector to such grand jury that such sum is actually in arrear and unpaid by such barony or denomiation respectively, and that it could not have been levied from the persons or out of the lands or houses charged with or liable to pay the same.
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