Page:Ruffhead - The Statutes at Large - vol 5.djvu/330

 290 G. ii. Anno fexto Georgii Regis. A. D. 1719, Alignment, or Devife by Deed or Will, the Intereft of fuch Perfon or Perfons fliall go to his or her Exe- cutors or Adminiftrators. No Purchase XXXII. Provided always, That no Perfon or Perfons whatfoever fliall or may purchafe or obtain, or unlets one fourth [ ie admitted to purchafe or obtain any fuch certain Annuity or Annuities, as aforefaid, for which Ex- fidera°tion-mo- n " chequer-orders are to be made forth, as aforefaid, upon this Aft, unlefs the whole, or one fourth Part at nc y be paid by. leaft, of the Confideration-money for the fame, at fuch Rate, as aforefaid, be advanced and paid into the 24 June 1720. faid Receipt of Exchzquer, on or before the twenty-fourth Day of June one thoufand feven hundred and twenty._ Pur-chafers not XXXIII. Provided alfo, That in cafe any fuch Contributor, as aforefaid, who fliall, on or before the MoneVatrte' ^'^ twenty-fourth Day of June one thoufand feven hundred and twenty, have advanced into the Exche- Time appointed, quer, one fourth Part of his, her or their Purchafe-monty, or his, her or their Executors, Adminiftra- forftit what tors, Succeffors or Affigns, do not advance and .pay into the faid Receipt of Exchequer, one fourth Part paid in. f his, her or their Confideration-money fo to be paid for fuch refpeftive Annuity or Annuities as afore- faid, on or before the faid firft Day of Auguji one thoufand 'feven hundred and twenty; and one other fourth Part thereof, on or before the faid firft Day of Oifober one thoufand feven hundred and twenty; and the remaining fourth Part thereof on or before the faid firft Day of December one thoufand feven hundred and twenty; then and in every fuch Cafe refpeftively, no Order fliall be drawn or figned for fuch refpec- tive Annuity for which the Confideraton-money fliall net be fully paid, as aforefaid, but fo much of the Confideration-money as lhall have been actually paid into the Receipt of Exchequer for fuch refpeftive Annuity, fliall be forfeited to his Majefty, his Heirs and Succefibrs, and fliall be applied, together with other the Monies to be raifed by this Aft, for fuch publick Services, as aforefaid; any Thing in this Aft contained to the contrary notwithftanding. All Receipts and XXXIV. And be it further enacted, for the better encouraging Perfons to advance the faid Sum of three jffuesto.be hundred and twelve thoufand Pounds upon the refpeftive Terms and Advantages in this Aft mentioned, That all Receipts and Iffues, and all other Things direfted by this Aft to be performed in the Exchequer, fliall be done and performed by the Officers there, without demanding or receiving, direftly or indireftly, Penalty on of- an y Yee, Gratuity or Reward for the fame, otherwife than by this Aft is appointed; and in cafe the mg. Q^ cers; n t j le Exchequer fliall take or demand any fuch Fee or Reward, otherwife than by this Aft is appointed, or fliall divert or mifapply any of the Monies to be paid into the Receipt of the Exchequer, for making up the aforefaid Fund, or fliall pay or iiTue out of the fame otherwife than according to the In- tent of this Aft, or fliall not keep Books and Regifters, and make Entries, and do and perform all other Things which by this Aft they are required to perform; every fuch Officer fliall forfeit his Office, and be for the future incapable of any Office or Place of Truft whatfoever, and fliall anfwer and pay treble Da- mages and Cofts of Suit to any Contributor or Perfon claiming under him, that will fue for the fame, to be recovered by Aftion of Debt, Bill, Plaint or Information in any of his Majefty's Courts of Record at TVeJimhtfter, wherein no Eflbin, Proteftion, Privilege of Parliament, or other Privilege or Wager of Law,. Injunction or Order of Reftraint, or more than one Imparlance fliall be granted or allowed, and in the faid Aftion the Plaintiff" upon Recovery fliall have full Cofts; one Third of which Sum fo to be recovered fliall be paid into the Receipt of the Exchequer, for the Benefit of his Majefty, his Heirs and Succefibrs, ^ and the other two third Parts fliall be to and for the Ufe of the Profecutor. lreaf " r), h to oa . XXXV. Provided always, and it is hereby enacted by the Authority aforefaid, That out of the Monies c™ s and Clerks fr° m Time to Time arifing at the faid Receipt of Exchequer, of or for the faid Duties on Plate or Manufac- &c and dif- tures of Silver hereby granted and appropriated, as aforefaid, it fliall and may be lawful to and for the faid charge incident Commiffioners of the Treafury, or any three or more of them, or the High Treafurer for the Time being,. <? ha ri es ° ut of to reward the Officers and Clerks in the Exchequer, and others that fliall and may be any way imployed atift bT'this * n the Execution of this Aft, in relation to the faid Annuities to be payable thereupon, for their La- A£t. bour, Pains and Service therein refpeftively, and to difcharge and fatisfy fuch incident Charges as fliall neceffarily attend the Execution of the fame, in fuch manner as the Commiffioners of the Treafury, or any three or more of them, or the High Treafurer for the Time being fliall, from Time to Time, think fit and reafonable in that Behalf; any Thing in this Aft contained to the contrary notwithftand- ing. Snrp'us to be XXXVI. Provided alfo, and it is hereby further enafted, That in cafe there fliall be any Surplus or "tr k ur Remainder of the Monies arifing by the Rates and Duties granted by this Aft, at the End of any Year, pu '" e ' for which the faid Annuities are to be payable, after all the Annuities, Charges and Payments direfted or authorized by this Aft, fliall be fully fatisfied, paid and difcharged, or Money fufficient fliall be referved for that Purpofe, fuch Surplus or Remainder fliall be referved for the publick Ufe, and fliall be difpofed and difpofeable by Authority of Parliament, and not otherwife. General Iffue. XXXVII. And it is hereby enafted by the Authority aforefaid, That if any Perfon or Perfons fliall at any Time or Times be fued or profecuted for any Thing by him or them done or executed in purfuance of this Aft, or of any Matter or Thing in this Aft contained, fuch Perfon or Perfons fliall and may plead the General Iffue, and give the Special Matter in Evidence for his or their Defence; and if upon the Trial a Verdift fliall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs fliall become nonfuited, then fuch Defendant or Defendants fliall have treble Cofts to him or them awarded againft fuch Plaintiff or Plaintiffs. f ",v"^!i°»K= XXXVIII. Provided alfo, and it is hereby enafted by the Authority aforefaid, That at any Time upon publick Notice~to be printed in the London Gazette, and affixed upon the Royal Exchange in London, by Authority 4 I otice in the