Page:Ruffhead - The Statutes at Large - vol 4.djvu/188

 T36 C. 3. Anno fecundo & tertio Ann^e Regina;, A. D. 1703. All Receipts and XXVI. And be it fuithcr cnafted, for the better encournging Perfons to advance the faid fcvcra] Surns iniies in the Ex- q^ this Aft, That all Re.ceipts and liFues, and all other Things direfted by this Act to be performed ia '^''ad"w'tho"t^° the Exchequer, fcall be done and performed by the Officers there, without demanding or receiving, di- imewi ou reftly or indireftly, any Fee, Gratuity or Reward for the fame; and in cafe any of the Officers of the „- '. . Qo-^ Exchequer {hall take or demand any fuch Fee or Reward, or fhall divert or miiapply any of the faid 'ce'rTaSng"Fec/' "w^^kly Sums to be paid into the Receipt of the Exchequer, or any Fart of the Monies which ihould m mifapplying' make good the Payment of the faid Annuities, or fhall pay or iitue out of the fame otherwife than accord- the weekly -Sums ing to the Intent of this Aft, or fnall not keep Books and Regifters, and make Entries, and do and per- or not making form all Other Things, which by this Aft they are required to perform ; every fuch Officer fliall forfeit Entries. j^j^ Qffice, and be for the future incapable of any Office or Place of Truft whatfocver, and fliall anfwer Treble Damages, and pay treble Damages with Cofts of Suit to every Contributor or Perfon v/ho fliall be prejudiced thereby, to be recovered by Adlion of Debt, Bill, Plaint, or Information, in any of her Majefty's Courts of Re- cord at JVeJhninfter^ v^^herein no Eflcin, Proti.6tion, Privilege of Parliament, or other Privilege, Wager of Law, Injunftion, or Order of Reftraint, or more than one Imparlance, ihall be granted or allowed j Plaintiff on Re- ^.vA in the faid Aftion the Plaintifr'upon P>.ecovery fhall have his full Cofts ; one third Part of which Sum, f "iTc ft° ''^^'^ fo to be recovered for Damages, fliall be to the Ufe of her Majefty, her Heirs and Succeifors ; and the In cafe of" faint Other two third Parts, with the Cofts, ihall be to the Ufe of the Profecutor: And in cafe there fliall be Profecution, any Collufion or faint Profecution between the Plaintiff' and Defendant in fuch Aftion, it fhall be lawful Contributor may for any Other Contributor, his or her Executors, Adminiftrators, or Affigns, to bring another Aftion, brirg another wherein he fliall recover as aforefaid, to the Ufes aforcfaid. offiter'makine XXVII. Provided always, and be it enafted. That in cafe any OfRcer of the Exchequer fliall make Payment on ^^ly quarterly Payment or Payments upon fuch Certificate as is before direfted, fuch OfBcer fliall not in- Certificate, ihall cur any Penalty, Forfeituae, or Difability for doing thereof, although the faid Certificate be forged or noc incur any falfe, or the faid Nominee be dead, unlefs the faid Offic-er did know, at the Time of fuch Payment, that Penalty, &c. ^-|ig j^^^jj >J ominee was dead, or that the faid Ceitificate was forged or falle. Contributors to XXVIII. And be it further enacted. That every Contributor for Life or Lives as aforefaid, his or her certify iheDeath Executors, Adminiftrators, or Affigns, within one Month after Notice of the Death of any his or their ■of Nominees/ refpeftive No.rinee or Nominees, ihall certify fuch Death to the Auditor of the Receipt of Exchequer for the Time being, and within three Months after Notice of the Determination of his, her, or their Annu- . ity or Annuities, by the Death or Deaths of his, her, or their Nominee or Nominees, fliall deliver, or and Miver up caufe to be delivered up, to the ftid Auditor, his or their Talley and Order, by which he or they were or their Tallies, ^^^ intitled, during the Life of fuch Nominee or Nominees, to receive fuch Annuity or Annuities, in after'neceafe!' ' ''^^'^ ivLi^ Talley and Order be in his or their Hands or Power ; and in Default thereof, fuch Contribu- Penaliy. ' tor, his or her Executors, Adminiftrators, and Affigns, fhall forfeit the Sum often Pounds, to be reco- vered by Aftion of Debt as aforefaid, and to be had and received to the Ufe of any Perfon who fhall fue for the iame. Monies appro- XXIX. And it is-hereby enafted and declared. That fo much of the Monies arifing by the faid pjiatedforPay- weekly Payments out of the faid Branches of Excife, as fhall be fufdcient, from Time to Time, to dif- ""i"'"** "' charge the faid Annuities from and after the faid five and twentieth Day oi December one thoufand feven hundred and five, during the Continuance of the faid Annuities refpeftively, and ib much of the faid Contribution-money to be advanced on this Aft, as fliall be fufficient to diicharge all the Payments which fhall or may grow due on the faid Annuities, from the faid twenty-fifth Day oi March one thoufand feven hundred and four, until and for the laid twenty-fifth T^z^f oi December one thoufand feven hundred and five inclufively, fliall be appropriated and applied, and are hereby appropriated to and for the Payment of the faid Annuities, according to the true Meaning of this Aft, and fhall not be divertible or diverted to any other Ufe, Intent, or Purpofe whatfocver, under fuch Penalties, Forfeitures, and Difabilities, as are be- fore mentioned. One third Part XXX. Provided always, That no Perfon or Perfons whatfoever fliall or may purchafe or obtain, of the Purchafe or be admitted to purchale or obtain, any Annuity upon this Aft, for any Tenn, Eftate, or Intereft Money to be whatfoever, unlefs the whole, or one third Part of the Confideration Money for the lame, at fuch re- paid by I May fpe£^;;ve Rate as aforefaid, be advanced and paid into the faid Receipt of Exchequer, on or before the faid ■'°'*" firft Day oi May in the Year of our Lord one thoufand feven hundred and four. Contributors not XXXI, Provided alfo, That in cafe any fuch Contributor as aforefaid, v/ho fliall, on or before the faid ' paying the f.vQ lirft Day of May one thoufand feven hundred and four, have advanced one third Part only of his or her -other Parts Purchafe Money, his or her Executors, Adminiftrators, or Affigns, do not advance and pay into the Re- ":"^^?p'^^, ceipt of Exchequer, one other third Part of his or her Confideration Money, fo to be paid for fuch re- ■iimss imite , fpg£j-jye Annuity or Annuities as aforefaid, on or before the faid twenty-fourth Day of jttne in the Year of our Lord one thoufand feven hundred and four ; and the remaining third Part thereof on or before the f-iid twenty-ninth Day oi September in the fame Y'ear of our Lord one thoufand iewcn hundred and four; then, and in every iuch cafe refpeftively, no Order flia'l be drawn or figned for fuch refpeftive Annuity for which the Confideration Money fhall not be fully paid as aforefaid, but lb much of the Confideratiorj fuch Moniej, fo ;^/Ioney as fhall have been aftually paid into the Exchequer for fuch refpeftive Annuity, fliall be forfeit-.' ^*'f I'd'^tic ^^ ^ '°^ '•'-' '^^'^ Majefty, her Heirs and Succeilors, and be applied, together with other the Monies to " ' ■ be raifed by this Aft, for the Purpofes aforefaid ; any Thing in this A6t contained to the contrary not- withftanding.. Allowance: to XXXIL Provided always, and it is hereby enafted. That it fliall and may be lawful to and for the <Ji?..ce ! and. Lord Treafurer, or Commiffioners of the Treaiury for the Time being, out of any the Monies of the faid Weiks, ^c. weekly Payments, to reward the Oilicers and Clerks in the Exchequer to be employed in the Payment of the laid Annuities, or any of them, for their Labour, Pains, and Service therein refpeftively, in fuch, Pro-