Page:Ruffhead - The Statutes at Large - vol 6.djvu/595

 A. D. 1744. Anno decimo feptimo Georgii II. C. 11. 530 XXX. And be it further enacted by the Authority aforefaid, That it fhall and may be lawful for the Rulc for D =- faid General Collector or Receiver, at the Sight and Direction of the Truftees herein after named, and ouaion *- their Succeffors, to retain and deduct from the Annuity due to the Widow, or from the Provifions due to the Children of any Miniftcr of the Church, or of any Head, Principal or Matter in any of the faid three Univerfities, fuch Sum or Sums as (hall be due by the refpective deceafed HufLand or Father, or hij iHeirs and Executors, and which have not been or cannot be recovered from the Deceafed, upon the faid General Collector or Receiver's making over his Claim and Demand upon the Deceafed, and his 11 and Executors, with all the Privileges and Preferences thereunto belonging, in Favour of the Widow and Children rcfpectively. XXXI. And be it further enacted by the Authority aforefaid, That after every Minifter of the Church Future Sur- of Scotland, and every Head, Principal or Mafter in any of the faid three Univerfities' who have become pluflei ftV |] fubject to one or other of the aforefaid annual Rates, fhall have received the aforefaid Sum of thirty h ""," Sec " rit ) r « Pounds from the yearly Surpluffes in Manner before directed, all future Surplufles fhall from time to time at ' ' P" Unl be lent out upon proper Security, fo as the fame may yield an Intereft not under four Pounds per Centum per Annum, until a Capital be made up of thirty-five thoufand Pounds of lawful Money of Great Britain, over and above the Sums lent to Minifters, and to the Heads, Principals and Mafters in the faid three Univerfities, to the Amount of thirty Pounds each as aforefaid, which Capital being fo made up, there fhall be no further Increafe of the Capital, but the Surplufles arifing in any one Year, computing the Year from Martinmas to Martinmas as aforefaid, fhall at the Whitfunday when fuch Surpluses fhall arife, be divided proportionably amongft all the Children of the Minifters of the faid Church, and of the Heads, Principals and Mafters in the faid three Univerfities, who in refpedt of the Death of their Father, or the Death or Marriage of his Widow within that Year, fhall be then intitled to receive their Pro- vifions. XXXII. And be it further enacted by the Authority aforefaid, That if the aforefaid Capital of thirty- If ihc Capital be five thoufand Pounds, and Sum of thirty Pounds, lent to each Minifter in the Church, and each Head, diminifhtd, it Principal and Mafter in the faid three Univerfities as aforefaid, fhall hereafter happen to be diminifhed, flla11 bc made "?• either by the Infolvency of Debtors, or by any other Accident whatfoever, fuch Diminution fhall from time to time be made up by After-furplufies, in the fame Manner as the original Capital and Sums afore- faid were raifed and lent out. XXXIII. Provided always, That the Capital fhall at no Time exceed the aforefaid Sum of thirty-five Provifo. thoufand Pounds, and the Sum of thirty Pounds lent to each Minifter, and to each Head, Principal and * Mafter in the faid three Univerfities as aforefaid. XXXIV. And be it further enacted by the Authority aforefaid, That after the faid Capital of thirty- Direftions, if five thoufand Pounds is raifed, in the Wh®ie or in Part, if in any Year the Charge of Management, and the annual the Annuities to the Widows, and the Provifions to the Children, fhall exceed the annual Income, no ^J 66 excce,i Incroachment fhall upon that Account be made upon the Capital ; but fuch Deficiency fhall firft affect c e ncom S' the Childrens Provifions in the Order of Time in which they become due by the Death of their Father, or by the Death or Marriage of his Widow; and the Children intitled to Provifions in the fame Year, fhall be preferred and receive their Provifions according to the Priority of their Father's Death, or of his Widow's Death or Marriage ; and in the next Place fuch Deficiency fhall affect the Annuities of the Widows proportionably. XXXV. Provided always, That fuch Nonpayment of and Deduction from the Childrens Provifions, Provifo, and Widows Annuities respectively, fhall be made good out of the firft and readieft of the annual Pro- duce of the! fucceeding Year or Years, in the Order above mentioned ; that is, after Payment of the an- nual Expence of Management, the Widows Annuities unpaid in the preceding Year, fhall be paid and made good in the firft Place ; and afterwards the Widows Annuities of the current Year ; and after thofe the Childrens Provifions of the former Year, according to the Priority of the Death of their Fathers, or of the Death or Marriage of their Fathers Widows. XXXVI. And be it further enacted by the Authority aforefaid, That when any Minifter of the Minifler being a Church of Scotland, intitled to a Benefice, is alfo a Head, Principal or Mafter in any of the faid three Head, & < ifcall Univerfities, and thereby intitled to a Salary, fuch Minifter, who is alfo a Member of any of the faid be llable. t0 one univerfities, {hall not be liable to double Rates ; but fhall be only liable to one Rate in refpeit of both a ' eoa y- Offices. XXXVII. And be it further enacted by the Authority aforefaid, That every Minifter of the Church Minifter, &c. of Scotland, and every Head, Principal and Mafter in any of the faid three Univerfities, becoming liable t0 befubjea to one or other of the aforefaid annual Rates, fhall continue fubject thereunto during Life, notwithftand- ^ou^he'eeafes ing that he ceafe to be a Minifter of the faid Church, or a Head, Principal or Mafter in any of the faid t0 be Minifterj Univerfities, by Refignation, Deprivation or any other Manner or Way ; and his Widow or Children and his Widow fhall continue intitled"' to their refpective Provifions herein before fettled, notwithftanding that her Huf- and children band, or their Father, was not at the Time of his Death poffefied of any Benefice in the Church, or of » ntltled - ■any Office or Salary in any of the faid three Univerfities. XXXVIII. And be it further enacted by the Authority aforefaid, That the Reverend Mafter Neil Names of MiViccar, one of the Minifters of the TVeJl Church; Mafter James Walker, one of the Minifters of the Truftees. Cannongate; Mafter John Gowdie, Profefior of Divinity in the Univerfity of Edinburgh; Mafter George Fodia; Minifter at Cajhrphin ; Mafter Thomas Pitcairn, one of the Minifters of the JVeJl Church ; Mafter James Stephen/on, one of the Minifters of South Leitb ; Mafter George Lindfay, Minifter at North Leitb ; Mafter William Atkln, one of the Minifters of South Lieth; Mafter George Gib/on, Minifter at Codington; Mafter David Mowbray, Minifter at Carrie; Mafter John Jardin, Minifter at Liberton ; Matter Hugh Vol. VI. Y y y Blair ^