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on non-payment constables may, on oath of demand and refusal 5 days, levy on treasurer’s warrant by distress and sale on 5th day by publick cant.
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VII. And be it further enacted by the authority aforesaid, That in case the occupier or occupiers of the said several houses and lands in the said city, and county of the said city, shall refuse to pay the sum or sums so applotted and assessed, it shall and may be lawful to and for the said several constables within their respective limits by warrant under the hand and seal of the said treasurer (oath being first made by the constable or constables of his or their having made a demand of the said sum or sums to applotted or assessed, and of the same being refused to be paid for the space of five days after demand so made; which oath the said treasurer is hereby impowered to administer without fee) to distrain the goods and chattles of the person or persons so refusing, and to sell the same by publick cant on the fifth day after the taking the said distress, for the payment and discharge of the said respective sum or sums so assessed, unless paid within the said time; rendering the overplus (if any be) to the owners.
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