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Commissioners may bring and defend Actions in the Name of their Secretary.
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IV. And be it further enacted, That the said Commissioners may sue and be sued in the Name of their Secretary for the Time being, and that all Actions, Suits, Prosecutions, Informations, Appeals, and other Proceedings whatsoever that may be necessary of expedient to be brought for the Recovery of any Penalty or Sum of Money due or payable by virtue of this Act, to be had, taken, prosecuted, or defended, by or against the said Commissioners, shall be had, taken, prosecuted, or defended in the Name of their Secretary, and that no Action, Suit, Prosecution, Information, Appeal, or other Proceeding to be had, taken, prosecuted, or defended by or against the said Commissioners in the Name of their Secretary, shall abate or be discontinued by the Death, Suspension, or Removal of such Secretary, or by any Act or Default of such Secretary done or suffered, without the Consent or Direction of the said Commissioners, but that the Secretary to the said Commissioners for the Time being shall be always deemed the Plaintiff, Prosecutor, Informant, Appellant, Defendant, or Respondent in any such Action, Suit, Prosecution, Information, Appeal, or other Proceedings (as the Cafe may be) except in such Action or Actions, Suit or Suits, as shall be prosecuted between the said Commissioners and their Secretary for the Time being, in which Action or Suit any One of the said Commissioners shall or may be Plaintiff or Defendant (as the Case may be): Provided always, that every such Secretary in whole Name any such Action, Suit, Prosecution, Information, Appeal, or other Proceeding shall be had, taken, prosecuted, or defended in pursuance of this or the said recited Act, shall be fully reimbursed and paid out of the Monies applicable to the Purposes of this Act, all such Costs, Charges, Damages, and Expences as by the Events or in consequence of any such Action, Suit, Prosecution, Information, Appeal, or other Proceedings, he or they shall pay, bear, sustain, expend, or be put unto or become chargeable with or liable for, or be fairly entitled to by reason of his or their being so made Plaintiff or Plaintiffs, Defendant, or Defendants, Informant or Informants, Appellant or Appellants, Respondent or Respondents, as aforesaid, unless such Action or Suit shall arise in consequence of his own wilful Neglect or Default, or have been brought or commenced, or be defended, without the Order or Direction of the said Commissioners.
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