Page:Ruffhead - The Statutes at Large - vol 3.djvu/552

 504 C. 3. Anno quarto Gulielmi & Mari^. A. D. 1692. Contrih„tor ne- XIV. And be it further cnaaed, That in cafe any Perfon, who by the Intent of this Aft, fhall be in- mami"Vi" half *-'^ ^° receive any half yearly I'ayment of his Share of the faid Funds, fhall at any Time negl d to de- ycarly' Payment f^and the fame in manner as aforcfaid, until within twenty Days before the next half yearly Payment fhall goes to the reft, become due, he fliall lolc and forfeit fuch half yearly Payment fo neglefted to be demanded, and the fame fhall be divided amongft the Contributors, as if his refpeftive Nominee had been dead, and fo from Time to Time upon every Default. Provided neverthelefs. That if fuch Contributor fnall afterwards make a Demand in due Time in manner aforefaid, for any following half yearly Payment, fuch Contributor ihall for the future have his Share of the faid Funds, as if fuch Default had not been made. Account to be XV. And to the Intent it may appear and be afcertaincd upon every half yearly Payment, unto and "went ""oa"" of ^^°'^S^ what Perfons, and in what Proportions the faid Funds are to be diftributed, hi it enadcd. That every Payment i" ^he faid Office of Auditor of the Receipt, every half Year, v/ithin twen y Days before the rcfpeftive ■of the Deaths Days of Payment, there fnall be made up an Account .of the feveral Nominees whofe Deaths are come to of Nominees. Knowledge, and of the feveral Contributors who have made Default in making Demand as aforelaid, that fo the reft of the Contributors may have the Advantage thereof. Contributor ve- XVI. And be it further enafted, That if any Perfon fhall receive any one or more half yearly Payments afier"Nonrince's ^^ *^^ '"^^'^ Fundj after the Death of any Nominee, for whofe Life fuch Share was payable, it {h ill be Death how lawful for any Contr'butor to require the lame to be repaid into the Receipt of the Exchequer, for the Bc- ipuniJhcd. nefit of the Contributors. And in cafe of Refufal or Neglect to pay in the fame within one Month after fuch Demand, fuch Perfon fo refufmg or neglefting ftiall forfeit treble the Sum fo received, to be recover- ed by Aftion of Debt in any of their Majefties Courts at IFcJImui/ier, in the Name of fuch Contributor who fliall make the Deinand as aforefaid ; in which AiSlion no Ellbin, Protv;<Stion, Privilege, or Wager of Law, or more than one Imparlance fhall be allowed. Officer offi;nding XVII. And be it further enaded, for the better encouraging Perfons to advance the faid Sum of ten; ovvpuni c. i5yjj(]j-ej thoufand Pounds upon the Terms aforefaid. That all 'Receipts and Iffues, and all other Things directed by this AcSt to be performed in the Exchequer-, fhall be done and performed by the Officersthere, without demanding or receiving, dirciSlly or indirectly, any Fee, Gratuity, or Reward tor the faihe. And in ■cafe any of the Officers of the Exchequer fhall take or demand any fuch Fee or Reward, or fhall divert or raif- apply any of the faid Weekly Sums, to be paid into the Receipt of the Exchequer, for making up the afore- faid Funds, or fhall pay or iflue out the fame, otherwife than according to the Intent of this A£t, or fhall not keep Books and Regifters, and make Entries, and do and perform all other 1 hings which by tin? KB. ■they are required to perform, every fuch Officer fhall forfeit his Office, and be for the future incapable ■of any Office or Place of Truft whatfoever, and fhall anfwer and pay treble Damages, with Cofts of Suit, to every Contributor, their Executors, Adminiftrators, and Affigns, to be recovered by Action of Debt, Bill, Plaint, or Information, in any of their Majefties Courts of Record at Wejim'mflcr, wherein no EfToin, Prote<Slion, Privilege of Parliament, or other Privilege, Wager of Law, Injunction, or Order of Reftraint, or more than one Imparlance fhall be granted or allowed ; and in the faid Action the Plain- tiff upon Recovery fliall have his full Cofts, one third Part of which Sum fo to be recovered ihail be paid into the Receipt of the Exchequer, for the Benefit of the faid Contributors, and the other two third Parts fhall be to the Ufe of the Profecutor. And in cafe there fliall be any Collufion, or faint Profecution be- tween the Plaintiff and Defendant in fuch A£tion, it fhall be lawful for any other Contributor to bring Officer not pu- another Action, wherein he fliall recover as aforefaid, to the Ufes aforefaid. Provided always, and be it nirtiable for pay- enacted. That in cafe any Officer of the Exchequer ftiall make Payment of any Share or Sh.ires of the faid a"fo^ed"ce"t'ifi" ^"""^^5' "^PO" f"ch Certificate as is before dire£ted,^fuch Officer fhall not incur any Penalty, Forfeiture, or ^^^^^^^^.".^■''DihhilitY, or be liable to any Aiftion of the Contributors for doing thereof, although the faid Certificate to it. be forged or falfe, or the faid Nominee be dead, unlcfs the faid Officer did know at the 1 ime of fuch Pay- ment that the faid Nominee was dead, or that the faid Certificate was forged or falfe. Contribf.tor to XVill. And be it further enacted. That every Contributor, his Executors, Adminiftrators, or Affigiis, certify Death of within one Month next after Notice of the Death of his or their refpe£tive Nom.inee, ftiall certify fuch andm^rlTlHs ^^^^'h to the Auditor of the Receipt of the E x .hequer ^ox isTm<t being, and fhall alfo, within three Tally upon lol. Months after fuch Notice, deliver, or caufe to be delivered up to the faid Auditor his or their Tally and Penalty. Order, by which he or they v/ere or was intitied, during the Life of fuch Nominee, to receive any Share of the faid Fund, in cafe fuch Tally and Order be in his or their Hands or Power ; and in d-ifault thereof fuch Contributor, his Executors, Adminiftrators, and Affigns, fhall forfeit the Sum often Pounds, to be recovered by Action of Debt as aforefaid, and to be had and received to the Ufe of any Perfon who ihall fue for the iame. AChufeof XIX. And be it ena£ted by the Authority aforefaid. That if the whole Sum of ten hundred thouflind urtheSumor ^ounds be not advanced and paid into the £xtAi'^«?r upon this Aft, before the four and twentieth Day of y-iine one thoufand fix hundred ninety-three ; that then it ih ill and may be lawful for their Majefties, or their Officers in the Receipt of their Majefties Exchequer, by their Command and Appointment, to borrow an.d take into the faid Receipt, for their Majefties Uie, by Vv'ay of Loan, any Sum or Sums of Money, which, together with the whole Value or Amount of all the Sums of Money, Vv'hich fliall, before the faid four and twentieth Day of 'June, be advanced and paid upon the Terms and Advantage of Survivorlhip as aforefaid, or upon the Terms hereafter in this A£t mentioned, fliall not exceed the Sum of ten hundred thoufand Pounds ; which Sum or Sums, fo taken up by way of Loan, fliall and may be charged upon the Credit of th.zv Majefties Exchequer in general, and Tallies of Loan and Orders of Repayment of the up I,ooo,oool