ant upon oath (which oath the said referee shall have power to administer), and upon the report of such referee, unless either of the parties shall show good cause to the contrary, the court may make a rule, either for the payment of such sum as upon the report shall appear to be due, or for staying the proceedings in the action, and upon such terms and conditions as to the court shall appear reasonable : or the court may order judgment to be entered up by confession for such sum as upon the report shall appear to be due. representa ceased re ceiver. 15. And be it enacted, That in case of the death Mode of proceeding of any person during the time that he shall be hold- against the ing the office of receiver, or after he shall have re- tives of a designed or been removed from such office, the receiver for the time being may, in his own proper name only, or by his name and description of office, sue for and recover from the executors or administrators of such person deceased all such sums of money as shall have been remaining in his hands applicable to the purposes of this Act, by an action of debt in any of his Majesty's courts of record at Westminster ; in which action it shall be sufficient for the plaintiff to declare that the deceased was indebted to the plaintiff for money had and received to his use for the purposes of this Act, or that the deceased died possessed of money had and received for the purposes of this Act, whereby an action hath accrued to the plaintiff to demand and have the same from such executors or administrators; and the like action may be brought against any executors or administrators of executors or administrators; and in al] such actions the defendant or defendants may plead Proof of the official cha receiver's racter. The receiver shall contract for any land or buildings required. to be vested in him. in like manner, and avail themselves of the like matters in defence, as in any action founded upon simple contracts of the original testator or intestate; and the court may refer the account in dispute to be audited by any officer or person, and may proceed upon the report of such referee in like manner as is herein-before mentioned; and in all actions to be brought, as well as in all proceedings whatsoever to be instituted or carried on, by any receiver by virtue of this Act, proof of his acting in the execution of the office of receiver shall be sufficient evidence of his holding such office, unless the contrary shall be shown in evidence by the defendants in such actions, or the parties against whom such proceedings shall be instituted or carried on. 16. And be it enacted, That the receiver for the time being shall make all such contracts and disthat may be bursements as shall be necessary for purchasing or renting any land or buildings, or for erecting, fitting up, furnishing, or repairing any buildings, for the purposes of this Act, in such manner as one of his Majesty's principal secretaries of state shall direct; The property and of all lands and buildings so to be purchased or rented, and of the fixtures and furniture thereof, and of all goods and chattels whatsoever to be from time to time held or purchased for the purposes of this Act, the property acquired therein shall be vested in the receiver for the time being, in whom also shall be vested the property of all watch-houses, watch-boxes, arms, accoutrements, and other necessaries to be given up as herein-after mentioned; and the receiver for the time being may, by the directions of such principal secretary of state, sell, assign, or dispose of the whole or any part of any such property as aforesaid, and shall execute all such lawful matters for carrying this Act into execution as such principal secretary of state shall from time to time direct. and others to sell land ceiver. 17. And be it enacted, That it shall be lawful for Corporations all bodies corporate, and also for all commissioners, empowered vestrymen, or trustees for public purposes, and for to the retenants for life or in tail, and for the husbands, guardians, trustees, committees, or attornies of such of the proprietors or persons interested in any lands or buildings required for the purposes of this Act as shall by reason of any legal disability or of absence beyond the seas be incapable of acting for themselves, to contract and agree with the receiver for the time being, either for the absolute sale of such lands or buildings, or for a lease thereof for such period as the receiver shall require, and to convey, demise, or grant the same to the receiver in trust for the purposes of this Act; and all such contracts, sales, conveyances, leases, and grants shall be valid and effectual in law to all intents and purposes; and in case any body corporate, commis- In case of disagreement, sioners, vestrymen, trustees, or other persons hereby &c. the value authorized to contract on behalf of themselves or sessed by a others as aforesaid, shall neglect or refuse to agree with, or by reason of disability or absence shall be prevented from agreeing with, the receiver, for the sale or lease of any land or buildings required by him, or in case the proprietors or persons interested therein cannot be found or known, or shall not produce and evince a clear title to the land or buildings so to be purchased or rented, or to the interest they shall be as jury. 5 Geo. 4, c. 100. shall claim therein, to the satisfaction of the receiver, in every such case all the provisions contained in an Act passed in the fifth year of his present Majesty's reign, intituled An Act for more effectually Paving, Lighting, Watching, Cleansing and Regulating the Regent's Park, together with the New Street from the Regent's Park to Pall Mall, and the New Streets and Improvement in the Neighbourhood of Parliament Street and Privy Gardens, and for maintaining a convenient Sewage for the same, with regard to the valuation of estates and interests by a jury, the conclusive effect of the verdict of the jury, and all matters preparatory to, concomitant with, and consequent or contingent upon the valuation by a jury, shall, so far as the same are or can be applicable, be applied and extended to the valuation of any land or buildings required for the purposes of this Act, in as full and ample a manner to all intents and purposes as if those provisions had been repeated and expressly re-enacted in this Act; and all such matters as by those provisions of the said Act are authorized or required to be done by the sheriff of Middlesex, and by a jury of Middlesex, or by the high bailiff of Westminster or his deputy and by a jury of Westminster, shall under this Act be done by the sheriff and a jury of Middlesex, if the premises to be valued are situate in Middlesex, and by the high bailiff or his deputy and a jury of Westminster, if the premises are situate in Westminster; and all such matters as by those provisions of the said Act are authorized or required to be done by the sheriff and a jury of the county of Middlesex, shall, if the premises to be valued are situate in any other county, be done under this Act by the sheriff of such other county and by a jury qualified to try causes at nisi prius in such other county; and all such matters as by those provisions of the said Act are authorized or required to be done by the commissioners therein mentioned shall, under this Act, be done by the receiver for the time being. &c. under this parliament. receiver, under this at certain 18. And be it enacted, That no justice of the No justice, peace or receiver appointed by virtue of this Act, act to sit in shall, during the continuance of such appointment, be capable of being elected or of sitting as a member of the House of Commons; and no justice, receiver, No justice, or person belonging to the police force appointed by policeman, virtue of this Act shall, during the time that he shall &c.appointed continue in any such office, or within six calendar act, to vote months after he shall have quitted the same, be ca- elections. pable of giving his vote for the election of a member to serve in parliament for the counties of Middlesex, Surrey, Hertford, Essex, or Kent, or for any city or borough within the metropolitan police district, nor shall by word, message, writing, or in any other manner, endeavour to persuade any elector to give, or dissuade any elector from giving, his vote for the choice of any person to be a member to serve in parliament for any such county, city, or borough ; and if any such justice, receiver, or person belonging Penalty 1007. to the police force shall offend therein, he shall forfeit the sum of one hundred pounds, to be recovered by any person who will sue for the same, by action of debt, to be commenced within six calendar months after the commission of the offence; and one moiety of the sum so recovered shall be paid to the informer, and the other moiety thereof to the receiver appointed |