Page:Ruffhead - The Statutes at Large - vol 6.djvu/663

 A. D. 1745. Anno decimo odavo Georgii II. C. 9. 597 demand, or endeavour to have or receive any fuch Annuity or Annuities, or any Part thereof, by virtue of any fuch forged or counterfeit Receipt, Letters of Attorney, Certificate, Inffrument or Authmity, or fhall ralfly and deceitfully perfonate any true and real Proprietor or Proprietors of any of the faid Order or Orders, and thereby affign or endeavour to affign any of the faid Order or Orders, or receive or en- deavour to receive the Money of fuch true and lawful Proprietor, as if fuch Offender were the true and lawful Owner thereof; then and in every fuch Cafe, all and every Perfon and Perfons being thereof law- fully convicted in due Form of Law, fhall be adjudged guilty of Felony, and fhall fuller as in Cafes of Fclon >'' Felony, without Benefit of Clergy. LI. And be it further enacted, That no Fee, Reward or Gratuity whatfoevcr, fhall be demanded or V" Fte '? r W taken of any of his Majefty's Subjects, for receiving or paying the faid Contribution Monies, or any of IS* A '^'^'''^. them, or for paying the faid feveral Annuities, or any of them, or for any Transfer of any Sum, great " l ' or fmall, to be made in purfuance of this Act; upon Pain that any Officer or Perfon offending, by talcing or demanding any fuch Fee, Reward or Gratuity, fhall forfeit the Sum of twenty Pounds to the Party aggrieved, with full Cofts of Suit ; and that all Receipts and Ifiues, and all other Things directed by this Act to be performed in the Exchequer, fhall be done and performed by the Officers there, without demanding or receiving, directly or indirectly, any Fee, Reward or Gratuity for the fame ; and in cafe Penalty on Mif- the Officers of the Exchequer fhall take or demand any fuch Fee or Reward, or fhall mifapply or divert any w 1,1 '"" ?, of of the Monies to be paid into the Exchequer upon this Act, or fhall pay or iffue out of the fame, other- ° n ' e ' iwife than according to the Intent of this Act, or fhall not keep fuch Books or Regifters, or make En- tries, and do and perform all other Things which by this Act they are directed and required to do and perform ; every fuch Officer fhall forfeit his Place, and be for ever after incapable of any Office or Place of Truft whatfoever, and fhall anfwer and pay treble Colts of Suit, to any Contributor, or Perfon claiming under him, that will fue for the fame, to be recovered by Action of Debt, Bill, Plaint or Infor- mation, in any of his Majefty's Courts of Record at Weftminjicr, wherein no EfToin, Protection, Privi- lege or Wager of Law, Injunction or Order of Reftraint, or more than one Imparlance, fhall be granted or allowed; and in the faid Action the Plaintiff", upon Recovery, fhall have full Cofts of Suit ; one third of which Sum (hall be paid into the faid Receipt of Exchequer, for the Benefit of his Majefty, his Heirs and Succeflbrs, and the other two Thirds fhall be to and for the Ufe of the Profecutor. LII. Provided always, and be it enacted, That in cafe any Officer of the Exchequer fhall make Pay- Cafes exempt ment of any Share or Shares of the faid yearly Fund of twenty-two thoufand five hundred Pounds by this from Penait y« { Act directed to be fet apart for the Purpofes aforefaid, upon any fuch Certificate or Certificates as afore- i faid, fuch Officer fhall not incur any Penalty, Forfeiture or Difability, or be liable to any Action of the Contributors for doing thereof, though the faid Certificate be forged or falfe, or the faid Nominee be j that the faid Certificate was forged or falfe. LIII. And it is hereby enacted by the Authority aforefaid, That if at any Time or Times the Produce Deficiencies to of the faid additional Impofitions, Rates or Duties fhall happen to be fo low or deficient, as that the be made up ; 'Monies arifing therefrom into the Exchequer fhall not be fufficient to pay and difcharge the feveral and 1 refpective Annuities, and other Charges directed to be paid thereout, at the End of any or either of the refpective half-yearly Days of Payment at which the fame are hereby directed to be paid ; then and fo ' often, and in every fuch Cafe, fuch Deficiency or Deficiencies fhall and may be fupplied out of the Over- out of Overplus plus Monies that fhall or may happen to arife and be paid into the Exchequer in any of the fubfequent Mon '«> Half Years, as the faid refpective Annuities fhall from time to time become due and payable ; and in time to be paid thereout, that then and in every fuch Cafe the Deficiencies fo from time to time happen- ing, fhall from time to time be anfwered and made good by and out of the firft Supplies which fhall he •granted in Parliament next after fuch Deficiencies fhall appear; and in cafe no fuch Supplies fhall be »' next Supplies, granted within fix Months next after fuch Deficiencies fhall happen, then the fame fhall be made good out of any of the Monies which at any Time or Times fhall be or remain in the Receipt of the Exche- 1 quer, of the Surplufles, Exceffes or Overplus Monies commonly called The Sinking Fund (except fuch or Sinking Fundi Monies of the fame Sinking Fund as are appropriated to any particular Ufe or Ufes by any former Act or Acts of Parliament in that Behalf) and fuch Monies of the faid Sinking Fund fhall and may be from
 * lead, unlefs the faid Officer did know at the Time of fuch Payment that the faid Nominee wa.> dead, or
 * cafe fuch Overplus Monies fhall not be fufficient to fatisfy the Deficiencies hereby intended from time to
 * time to time ifiued and applied accordingly ; and if at any Time or Times before any Monies of the faid
 * additional Impositions, Rates or Duties hereby granted, fhall be brought into the Exchequer as afore-

faid, there fhall happen to be a Want of Money for paying the feveral Annuties aforefaid, which fhall
 * be actually incurred and grown due at any of the faid half-yearly Days of Payment before mentioned,

that then and in every fuch Cafe, the Money fo wanted fhall and may be fupplied out of the Monies of the faid Sinking Fund (except as before excepted) and be ifiued accordingly. LIV. Provided always, and be it enacted by the Authority aforefaid, That whatever Monies fnall be To be replaced fo iffued out of the faid Sinking Fund, fhall from time to time be replaced by and out of the firft Sup- s" ^" * plies to be then after granted in Parliament. LV. Provided always, and be it enacted by the Authority aforefaid, That in cafe there fhall be any Surplus to be Surplus or Remainder of the Monies arifing by the faid additional Impofitions, Rates or Duties, after £ f P cfed ^ the faid feveral and refpective Annuities, and all Arrears thereof are fatisfied, or Money fufficient fhall be ™» iame '' K *
 * referved for that Purpofe, fuch Surplus or Remainder fhall, from time to time, be referved for the Dif-

pofition of Parliament, and fhall not be ifiued but by Authority of Parliament, and as fhall be dire.5t.ed by future Act or Acts of Parliament 5 any Thing in any former or other Act or Acts of Parliament to the contrary notwithstanding, v y LVI. And