Page:Ruffhead - The Statutes at Large - vol 4.djvu/217

 A. D.. 1704, Aano tertio & quarto Ann^e Reginfc. C. 3. 165 fignment, or Death of the Devifor ; and that upon the producing fuch Affignment, or Will, or Proljate there- ^"^fy of foch ■of, in the faid Office of Receipt, to be entred as aforefaid, the Party fo producing the fame, fliall bring fjlf^^?"*^'^ therewith ap Affidavit, taken before fome Perfbn authorized to take Affidavits in Caufes depending in Affidavit/™ ■any of the Courts at IVeJlm'mfler, of the due Execution of the ffiid Affignment or Will, which Affidavits Affidavits to be ihall be fcvcrally filed in the faid Office ; which faid Entry or Memorandum the proper Officers, ia the filed, faid Receipt of the Exchequer, are hereby required to make accordingly, and to file the faid Affidavits ; I" Default of Af- and in Default of fuch Affignment or Devife by Deed or Will, the Intereft of fuch Contributor fhall go .^i^-e^^"' ,°„' °';^ to his or her Executors or Adminiftrators. of Contributor ' to go to his Executors, &?, XT. And be it further enacted. That it fliall and may be lawful for any Guardiati or Truftee, Guardians may having the Difpofal of the Money of any Infant under the Age of one and twenty Years, for the Ufe advancei^ol.fer and Benefit of fuch Infant, to advance and pay the Sum of one hundred and fifty Pounds, of the Money of ^}^^ Eenefitofln. vfuch Infant, to purchafe any Annuity upon this Adt for the Benefit of fuch Infant; and the faid Guardian an'y Annu'it oo and Trufcee, as to the faid Sum of one hundred and fifty Pounds fo advanced, is hereby difcharged. this Aft. XII. And be it further enafled, for the better encouraging Perfons to advance the faid feveral Sums on All Receipts ane this AiSb, That all Receipts and Iflues, and all other Things direfted by this Aft to be performed in the irTues in the E-ss- Exchequer, fliall be done and performed by the Officers there, without demanding or receiving, direiSly chequer to be or indiredly, any Fee, Gratuity, or Reward for the fame ; and in Cafe any of the Officers of the Ex- ^°°^ witbouj chequer fliall take or demand any fuch Fee or Reward, or fhall divert or mifapply any of the faid weekly *' Sums to be paid into the Receipt of Exchequer, or any Part of the Monies which ftiould make good the Payment of the faid Annuities, or fhall pay or iflue out of the fame, otherwife than according to the Intent of this Aft, or fhall not keep Books and Regifters, and make Entries, and do and perform all other Things, which by this A(5i tlrey are required to perform, every fuch Officer fhall forfeit his Of- Penaltv fice, and be for the future uncapable of any Office or Place of Truft, and fhqll anfwer and pay treble Damages, w.ith Cofts of Suit, to every Contributor or Perfon who fhall be prejudiced thereby, to be re- covered -by Action of Debt, Bill, Plaint, or Information, in any of her Majefty's Courts of Record at JVeJlminJier, wherein no EiToin, Prote6lion, Privilege of Parliament, or other Privilege, Wager of Law, Plaintiff on Re- Injunction, or Order of Reftraint, or more than one Imparlance, fhall be granted or allowed ; and in the "very to have ■faid Aftion the Plaintiff upon Recovery fhall have his full Cofts, one third Part of which Sum, fo to be '«'' Cofts. recovered for Damages, fhall be to the Ufe of your Majefty, your Pleirs and Succeffors ; and the other l" Cafe of faint ■two third Parts, with the Cofts, fhall be to the Ufe of the Profecutor : And in cafe there fliall be any Profecution, aay Collufion or faint Profecution between the Plaintiff and Defendant in fuch Aftion, it fhall be lawful for tor"&c!"m'a"" any other Contributor, his or her Executors, Adminiftrators, or Affigns, to bring another Aftion, where- bring another in he (hall recover as aforefaid, to the like Ufes as aforefaid. Aftion. XIII. Provided always. That no Perfon or Perfons whatfoeyer fhall or may purchafe or obtain any None to purchafe Annuity upon ..this Aft, for which the Purchafe-money or any Part thereof, is hereby appointed to be anyAnnuity, nn- paid on or before the faid laft Day oi March one thoufand feven hundred and five, unlefs the whole, or j^^'^^^""^^ ^"^ one third Part of the Confideration-money for the fame, at fuch refpeft-ive Rates as aforefaid, be advanced chafe "money be' -and paid into the faid Receipt of Exchequer on or before the faid laft Day o^ March in the Year of our paid inby theljft -.Lord one thoufand feven hundred and five ; and that no Perfon or Perfons whatfoever fliall or may pur- ofMarch 1705. -chafe or obtain, or be admitted to purch-''fe or obtain, any Annuity upon this Aft, for which the Pur- .jchafe-money, or any Part thereof, is hereby appointed to be paid on or before the faid firft Day of May vone thoufand feven hundred and five, unlefs the whole, or one third Part of the Confideration-money '°j!|j^"",j^ ^J^^ on or before the. faid firft Day of May one thoufand feven hundred and five. May 1.705. XIV. Provided alfo. That in cafe any fuch Contributor, as aforefaid, v/ho fhall, on or .before .the re- Contributors a^- •fpeftive Days by this Aft appointed for his or her firft Payment, have advanced one third Part only of ■fencing one third .iis or her Purchafe-money, his or her Executors, Adm.iniftrators, or Affigns do not advance and pay, ^"^' ^'^^ -""' ■into the Receipt, of Exchequer, one other third Part of his or her Confideration-money, fo to be paid for otij^""!^,.^^'™" ■fuch refpeftive Annuity or Annuities, as aforefaid, on or before the faid four and tv/entieth Day of jFune the Ck)nfideratioa •one thoufand feven hundred and five ; and the remaining third Part thereof on or before the faid nine and Money within .twentieth Day of September one thoufand feven hundred and five ; then, and in every fuch Cafe refpec- the Times li- rtively, no Order fhall be drawn or figned for fuch refpeftive Annuity, for which the Confideration-mo- '^"■^> aiey .fhall not be fully paid, as aforefaid ; batfo much of the Conlideration-money, as fliall have ..been fuch Money fo «ftually paid into the Exchequer for fuch refpeftive Annuity, fhall be forfeited and loft to your Majefty, ?><i 'n, to be tyour Heirs and Succeffors, and be applied, together with other the Monies to be raifed by this, Aft, for'^'"'^'^) '^'^• .the Purpofes aforefaid ; any thing in this .Aft contained to the contrary notwithftanding. XV. Provided. always, and it is hereby enafted,. That it ihall and may be lawful ..to and for the Allowances to 'Lord Treafurer, or Commiffioners of the Treafury for the Time being, out of any of the Monies of the Officers and ■faid weekly Payments, to reward the Officers and Clerks in the.Exc!:equer to be imployed in the Pay- ^'"''^™P'°y*^? '«nent of the faid Annuities, or any of them, for their Tabour, Pains, and Service therein refpeftively, sin fuch Proportions as to the faid Lord Treafurer, or Commiffioners of the Treafury for the Time ■being, fhall feem meet and reafonablein that Behalf; any thing ,in this Aft coatained .to .the contrary Siotwithftanding. C A P. III. Jln.Aft for.contin.uing the .Duties upon. Malt, .Mum; Cyder j and Perry, for one Year. ^XStj CAP. W,
 * for the fame, at fuch refpeftive Rate, as aforefaid, be advanced and into the faid Receipt of Exchequer by the firft of