Page:Ruffhead - The Statutes at Large - vol 4.djvu/338

 2 86 C. II. Anno fexto Ann^ Reglnas. A. D. 1707; Books to be kept for that Purpofe in the faid Office of t're Auditor of the Receipt, within the Spnce of three Montlis after fuch Aflignment, pr Deatli of the Devifor; and that upon producing fuch Affignment, or Will, or Proliate thereof, in the faid Office of Receipt, to be entred as aforefaid, the Party fo produ- cing the fame fliall bring therewith an Affidavit taken Ijeforc one or more of her Majefty's Juftices of the Peace, of the due Execution of the faid Affignment or Will, which Affidavit (hall be feverally filed in the r.iid Office; which faid Entry or Memorandum the proper Officers in the faid Receipt of Exchequer are hereby required to make accordingly, and to fde the fiid Affidavits; and ia Default of fuch Af- fignment or Devife by Deed or Will, the Intereft of I'uch Contributor fhall go to his or her Executors or Adminillrators. Guardian may XVI. And it is hereby enafted. That it fhall and may be lawful for any Guardian or Truilee, having advance 1 60 1, the Difpofil of the Money of any Infant under the Age of one and twenty Years, for the Ufe and for Benefit of Jjenefit cf fuch Infant, to advance and pay the Sum of one -hundred and fixty Pounds of the Money of fuch Infant, to purchafe an Annuity upon this A£t, for the Benefit of fuch Infant; and the faid Guardian or Truftee, as to the faid Sum of one hundred and fixty Pounds fo advanced, is hereby difcharged. offirer? of (he XVII. And be it further ena£l:ed, for the better Encouragement of Perfons to advance the Monies on ^ak'-''nrFee"&c ^^'^ ^^^ That all Receipts and IlTues, and all other Things directed by this Avft to be pisrformed in the ' " Exchequer, fhall be done and performed by the Officers there, without demanding or receiving, directly or indirectly, any Fee, Gratuity or Reward for the fame; and in cafe any of the Officers of the Exche- quer fliall take or demand any fuch Fee or Reward, or fhall divert or mifapply any of the Monies of the faid half Subfidies, .and other Duties or Monies hereby appropriated, or any Part thereof, which fliould make good the Payment of the faid Annuities, or fhall pay or iffue out the fame otherwife than accord- ing to the Intent of this Aft, or fhall not keep Books or Regifl:ers, and make Entries, and do and perform Penalty. all Other Things which by this Aft they are required to- perform; every fuch Officer fliall forfeit his Office, and be for ever uncapable of any Office or Place of Truft, and fhall anfwer and pay Treble Damages to every Contributor or Perfon who fhall be prejudiced thereby, to be recovered byA6lionof Debt, Bill, Plaint, or Information in any of her Majefty's Courts of Record at IVeJlminJ'ter, wherein no Eflbin, Protedtion, Privilege of Parliament, or other Privilege, Wager of Law, InjuniSlion, Order of Re- ftraint, or more than one Imparlance fliall be granted or allowed; and in the faid Aftion the Plaintiff up- pn Recovery fhall have full Cofts; one third of which Sum to be recovered for Damages fliall be to the Ufe of her Majefl:y, her Heirs and SuccefTors, and the other two third Parts, with the Cofts, ftiall be to the Ufe of the Profecutor; and in cafe there fhall be any Collufion or feint Profecution between the Plaintiff and Defendant in fuch Action, it fhall be lawful for any other Contributor, his or her Execu- tors, Adminiftrators, or Affigns, to bring another Aftion, wherein he or fhe fhall recover as aforefaid, to the like Ufes as aforefaid. NoTurchafe, XVIII. Provided always, That no Perfon or Perfons whatfoever fhall or may Purchafe or obtain, or unleis one fourth be admitted to purchafe or obtain any Annuity whatfoever upon this Acf, unlefs the whole, or one fourth be paid by 20 Y^xxX. at leaft of the Confideration-money for the fame, at fuch Rate as aforefaid, be advanced and paid April lyog. jj^^j.^ ^^ ^^jj j^g(.gjpj of Exchequer on or before the faid twentieth Day of Jpril one thoufand feven hun- dred and gight. Contributor pay- XIX. Provided alfo. That in cafe any fuch Contributor as aforefaid, who fhall, on or before the faid ing one fourth twentieth Day oi April one thoufand feven hundred and eight, have advanced one fourth Part of his or ^/"■''/'"'^ ""' her Purchafe-inoney, or his, her, or their Executors, Adminiftrators, SuccefTors, or Affigns, do not ad- for^feit^s"what^Is '^^'1^^ ^^id pay into the faid Receipt of Exchequer one other fourth Part of his or her Confideration-money, paij, ' fo to be paid for fuch rtfpe£tive Annuity or Annuities as aforefaid, on or before the faid two and twen- tieth Day oi June one thoufand feven hundred and eight; and one other fourth Part thereof on or before the faid twentieth Day of yfz.'^///^ one thoufand feven hundred and eight; and the remaining fourth Part thereof on or before the faid twentietlr Day of Ociohcr one thoufand feven hundred and eight; then, and in every fuch Cafe rcfpeftively, no Order fliall be drawn or figned for fuch refpeftive Annuity, for which the Confideration-money fhall not be fully paid as aforefaid; but fo much of the Confideration-money as fhall have been a6tually paid into the Receipt of the Exchequer for fuch refpeftive Annuity, fliall be for- feited to her Majefty, her Heirs and SuccelJbrs, and fhall be applied, together with other the Monies to be raifed by this Adl, for fuch publick Services as aforefaid; any thing in this Act contained to the con- trary notwithftanding. Trcafury may re- XX. Provided alio, and it is hereby enacfed. That it fhall and may be lawful to and for the Treafurer ■ward Officers, of, the Exchequer, or any three or more of the Commiffioners of the Treafury for the Time being, out Clerks, &c.^outjyjg faid half Subfidies and otlier Duties by this A61 appropriated for rriaking good the faid Fund, not ex- Dudes &c""^° ceeding eighty thoufind YownA'i p,'r Annum, which fliall arife over and above fo much as fliall be iuffi- ' " cient to make up the faid yearly Fund for difcharging all the Annuities to be purchafed on this Acf, to reward the Officers, Clerks, and others to be employed "in the Payment of the faid Annuities, or the Accounts thereof, for their Labour, Pains, Charges, and Service therein refpe-ctively, and to defray all other the necelTary Charges incident to the Payment of the faid Annuities, as to the faid Treafurer or Commiffioners of the Treafury for the Time being fnall feern meet and reafonable in that Behalf; any Thing in this Act contained to the contrary notwithftanding. ' XXI. And whereas in and by the faid Act of the fifth Year of her faid Majefty's Reign, a Credit was ' given for any Sums not exceeding eight hundred twenty-two thoufand three hundred eighty-one Pounds ' fifteen Shillings and fix Pence Farthing, to be borrowed at an Intereft, after the Rate of fix Pounds Lord
 * per Centum perAnnuniy upon the feyeral Subfidies, Impofitions, and Duties in that Acl mentioned, and the