Page:Ruffhead - The Statutes at Large - vol 6.djvu/604

 538 C. 17. Anno decimo feptimo G e o r g 1 1 II. A. D. 1744, Damages for. be further recovered to his Majefty's Ufe againft the faid United Company, Damages after the Rate of Nonpjyment. twelve Pounds per Centum per Annum for the Monies fo unpaid contrary to this Act, befides full Cofts of Suit; and the faid United Company and their Succeliors, and their faid Stock and Funds, fhall be and are hereby made fubjedt and liable thereunto. IV. And for the Encouragement of the faid United Company to advance and pay the faid Sum of one minion, with fuch Difcount out of the fame as aforefaid; and to the End the faid United Company and their Succefibrs, may have a competent Recompcnce and Confideration for fo doing, It is herebv enacted by the Authority aforefaid, that the Provifoes contained in the faid in Part recited AcT: of the Provifoes in any t v, j ,-d Year of his prefent Majefty's Reign, and all other Provifoes contained in any other Act or Acts of the l7idj e a t Com n - e ^ ar ^ ament *° r determining the Annuity or yearly Fund of the faid United Company, and the Right ?!uy's Annuity/ Title and Intereft of the faid United Company to the whole, fole and exclufive Trade to the Eaft India rspciled. and Parts aforefaid, or either of them, upon the refpective Notices and Payments in the fame Acts men- tioned, fhall be and are hereby repealed and made void; and that the faid United Company of Merchants of England trading to the Eaft Indies, and their Succefibrs, fhall for ever have, receive and enjoy, n ot only their prefent entire Annuity or yearly Fund of one hundred and twenty-eight thoufand Pounds out of the R.ates, Duties and Revenues charged therewith, or liable to make good the fame; but alio that from and after the faid twenty-ninth Day of September which fhall be in the Year of our Lord one thoufand feven hundred and forty-four, the, faid United Company of Merchants of England trading to the Eaft Indies, and their Succefibrs for ever, fhall in refpect of the faid principal Sum of one million by Additional this Ait directed to be advanced and paid by them, have, receive and enjoy a further Annuity or yearly Annuity of v^Sirth of thirty thoufand Pounds, computed after the Rate of three Pounds per Centura per Annum; on'^heDutieswi which faid Annuity or yearly Sum fhall be charged upon and payable out of the faid Surplus or Re- Spirituous Li- mainder of the Monies arifen or to arife, and be paid into the Receipt of his Majefty's Exchequer, by quors, the faid Rates or Duties on Spirituous Liquors by this Act granted as aforefaid; and the faid Surplus or Remainder of the faid Rates and Duties, after the feveral Annuities before charged thereon are fatisfied are hereby declared to be a Fund and Security for anfwering and paying the faid yearly Sum or Annuity of thirty thoufand Pounds, to the faid United Company and their Succefibrs forever, until Redemption fobjeatolfe- thereof by Parliament, according to the Provifo herein after contained in that Behalf; and that the faid Parliament/ Annuity or yearly Sum, fhall from time to time be paid quarterly, at the four moft ufual Feafts or Days Annuity to be of Payments in the Year, by even and equal Portions; the nrft Payment thereof to be due and payable at pa.d quarterly, the Feaft of the Nativity of our Lord Chrift one thoufand feven hundred and forty-four, and fhall be free from all Taxes, Charges and Impofitions whatfoever. nuiT^ooooT V> Ard be i£ further. ena & ed by the Authority aforefaid. That fo much of the faid Surplus or Re- "o Ul bepa'?d°o°t rf- ma ' n d er °t : the Monies arifing into the Exchequer by the faid Rates and Duties on Spirituous Liquors the Exchequer -by this A6t granted as aforefaid, as fhall be fufficient to make up and compleat the faid Annuity or without Fee; yearly Fund of thirty thoufand Pounds, to be "payable to the faid United Company and their Succefibrs 'in refpect of the Monies which fhall be actually advanced by them in purfuance of this Act, fhall in the' faff. Place be fet apart and applied, and the fame is hereby appropriated for and towards the raifing and making good of the faid Annuity or yearly Fund, and is hereby directed and appointed to be iffued and paid out cf the faid Receipt of Exchequer, by the refpective Officers of the fame, without any Fee or Charge, and without any further or other Warrant, to be fued for, had or obtained from his Majefty, •his Heirs or Succefibrs in that Behalf; and fhall be applied to and for the Ufes and Purpofes in and by this Act exprefied and intended, and to no other Ufe, Intent or Purpofe whatfoever; any Thino- herein Qfficer reg!e£t- before contained to the contrary notwithstanding : And that the refpective Officers in the Exchequer, lofe bisHhce to wtl ° fta " malce any Delay in paying the faid Monies to the Ufes by this Act intended, or fhall be guilty and pay treble- of diverting or misapplying any of the faid Monies to any other Ufe or Purpofe contrary to this Act, or Damages. fhall pay or ifliie out the fame, or any Part thereof, otherwife than accerding to the Intent of this Act, fhall for any fuch Offence forfeit and be forejudged from their refpective Offices and Places, and ren- dred incapable to ferve his Majefty, his Heirs or Succefibrs, in any Office or Place of Truft or Profit whatfoever, and fhall anfwer and pay treble Damages and Cofts of Suit, to be recovered by the of One Thi two Thirds' vrith which Damages fo to be recovered, fhall be to the Ufe of his Majefty, his Heirs and Succefibrs, and the ectfs to the- other two third Parts thereof, with the Cofts of Suit, fhall be to the Ufe of the faid United Company Company. and their Succefibrs. ■ ■ Deficiency of VI. And be it further enacted by the Authority aforefaid, That in Cafe 'at'the End of any one Quarter
 * ).v quarterly f a. Year, to be computed from the Feaft of Saint Michael the Archangel one thoufand feven hundred

femSS^'T*^' at 'd forty-four,, the faid Surplus or Remainder of the Monies arifen or to : arife by the faid Rates and Du- the Sinking, £ ' es on Spirituous Liquors by this Act granted, and fo as'aforefaid particularly charged with and appro- Pan a j p.riated to the Payment of the faid additional yearly Fund or Annuity of thirty thoufand Pounds to the faid United Company, fhall not be fufficient to difcharge the-Quarter's Annuity that fhall then be due to- them; then and in every fuch Cafe,, and as. often as th6 fame'fhall happen, fuch Quarterly Deficiencies- are hereby charged upon, and fhall from time to time be made good out of any Monies which at the re- fpeclive Times of fuch Deficiencies fhall be and. remain in the Exchequer, of' the Monies arifen or which fhall afterwards arife- by the Surphiffes, ExCefTes and Overplus Monies -commonly called The Sinking Fund. (except fuch Monies of- the fame Sinking Fund as are appropriated to any particular Ufe or Ufes by any .'brmer.Act or. Acts of Parliament). .and -fuch Monies of the faid Sinking Fund as fhall from time to time be