Page:Ruffhead - The Statutes at Large - vol 6.djvu/295

 A. D. 1736. Anno nono Georgii II. C. 34. 233 in that Behalf ; and that all and every fuch Purchafers, their Executors, Adminiftrators, Succeffors and Affigns reflectively, (hall have good, Cure, abfolute and indefeazible Eftates and Intercfts in the feveral Annuities fo by them respectively to be purchafed according to the Tenor and true Meaning of this Act • and that all fuch Eftates and Interefts of and in the faid Annuities, and every of them, (hall be and be adjudged, taken and accepted in Conftruction of Law, and in all Courts of Law and Equity whatfo- ever to be a Perfonal and not a Real Eftate, and (hall go to the Executors or Adminiftrators of the Pet- fon or Perfons dying poffeffed thereof, interefted therein, or ihtitled thereunto, and not to the Heirs of fuch Perfon or Perfons ; any Law, Cuftom or Ufage to the contrary notwithftanding; and that all the j^j^ frcc from (aid Annuities to be purchafed on this Act as aforelaid, and every of them, (hall be tree from all Taxes, Charges and Impositions whatfoever. V. And be it further enacted by the Authority aforefaid, That every Contributor upon this Act for Tallies and Or- any fuch Annuity or Annuities as aforefaid, his, her or their Executors, Adminiftrators, Succeffors or ^ d "J^,, H t, eU ' Aifigns, upon Payment of the Confederation or Pnrchafe Money for the fame at the Rate aforefaid .contributor:. into the faid Receipt of Exchequer at the Time or Times in this Act limited in that Behalf, (hali im- mediately have one or more Tally or Tallies levied, importing the Receipt of the Purchafe Money as ihall be fo paid for any fuch Annuity or Annuities at the Rate aforefaid ; and every fuch Contributor, his, her or their Executors, Adminiftrators, Succeffors or Affigns refpectively, (hall have an Order for paying the faid Annuity or Annuities, until Redemption thereof by Parliament according to the Provifo herein after contained in that Behalf; which Order (hall be figned by the Treafurer and the Under-treafurer of the Exchequer, or any three or more of the Commifiioners of the Treafury for the time being ; and after figning thereof the fame (hall be firm, good, valid and effectual in Law, according to the Pur- port and true Meaning thereof and of this Act ; and (hall not be determinable by or upon the Deaths or Removal of any Treafurer or Under-treafurer of the Exchequer, or any Commiffioner or Commifiioners of the Treafury, or by or upon the Determination of the Power, Office or Offices of them or any of them ; nor (hall any Lord High Treafurer of Great Britain, Treafurer of the Exchequer, or any Commif- iioners of the Treafury now or for the Time being, have Power to revoke, countermand, determine or make void fuch Orders fo figned as aforefaid, or any of them. VI. And be it further enacted, That the Proprietors of the Orders to be made forth for the faid Orders affign- Annuities in purfuance of this Act (hall or may from Time to Time by proper Words of Aflignment to able " be indorfed on his, her or their Order, aflign or transfer his, her or their Right, Title, Intereft and Be- nefit of fuch Order or Orders, to any other Perfon or Perfons; which being notified in the Office of the Auditor of the Receipt, the Officers there (hall caufe an Entry or Memorial thereof to be be made in the Book of Regiftry for fuch Orders without Fee or Charge ; and after fuch Entry made fuch Aflign- ment (hall intitle fuch Afilgnee, his, her or their Executors, Adminiftrators, Succeffors and Aifigns, to the Benefit thereof and Payment thereon ; and fuch Alfignee may in like Manner affign again, and fo toties quoties ; and afterwards it (hall not be in the Power of fuch Perfon or Perfons who (hall make fuch Alignments, to make void, releafe or difchargee the fame, or any Monies thereby due, or any Part thereof. ' VII. And whereas it may fo happen, that in Procefs of Time feveral of the faid (landing Orders ' may become defaced, obliterated or incumbred with many Aflignments indorfed thereon, or by Rea- ' fon thereof or fome other Defects therein it may become neceffary that the faid defaced, obliterated, in- f cumbred or otherwife defective Orders, fhould be taken in and cancelled, and new Orders made ' forth and delivered to the Owners and Proprietors of the Orders fo to be cancelled in lieu thereof;' Be it therefore enacted by the Authority aforefaid, That in all or any of the faid Cafes any three or New Orders to more of the faid Commifiioners of. the Treafury now being, or the High Treafurer, or any be made forth three or more of the Commifiioners of the Treafury for the Time being, may, if he or they (hall fo " ^"defaced, think fit, from time to time, caufe to be made forth new (landing Orders for and in lieu of fuch defaced, &c. obliterated, incumbred or otherwife defective Orders, fo as fuch defaced, obliterated, incumbred or other- wife defective Order or Orders be at the fame Time delivered up and cancelled, and the new Order or Orders to be made out in lieu thereof be made payable to the Perfon or Perfons who (hall appear to be the Proprietor or Proprietors of the faid Order or Orders fo delivered up and cancelled at the Time of fuch Delivery up as aforefaid ; and the Auditor of the faid Receipt aforefaid (hall always take care, that fuch Entries or Memorandums be made upon the faid new Orders, as may denote their being made out in lieu of fuch defaced, obliterated, incumbred or otherwife defective Orders cancelled, as may fecure the Publick againft any double Payments for or by reafon of the making out or iffuing fuch new Orders in Mariner aforefaid. VIII. And, for the preventing of all Frauds and Abufes in or about the faid (landing Orders, or any Aflignments thereof, or the receiving the Annuities due or to grow due thereon; Be it enacted by the Authority aforefaid, That if any Perfon or Perfons whatfoever (hall forge or counterfeit, or procure to Forging or be forged or counterfeited, or knowingly or wilfully act and aflift in the forging or counterfeiting any Or- q ^"i?"' Felony der or Orders made forth or to be made forth in purfuance of this Act, or any Aflignment or Aflignments without Benefit of fuch Order or Orders, or of the Annuities payable thereon, or of any Receipt or Difcharge to the of Clergy. Exchequer for the Annuities due or to grow due on any fuch Order or Orders, or of any Letter of Attor- ney or other Authority or Inftrument to transfer, aflign, alien or convey, any fuch Order or Orders, or to receive the Annuities due or to grow due thereon, or any Part thereof, or mall forge or counterfeit, or procure to be forged or counterfeited, or knowingly or wilfully act or aflift in the forging or counter- feiting any the Name or Names of any of the Proprietors of any fuch Order or Orders in or to any fuch pretended Aflignment, Receipt, Letter of Attorney, Inftrument or Authority, or (hall knowingly or fraudulently demand or endeavour to have or receive any fuch Annuity or Annuities, or any Part therc- Vol. VI. H h of.