Page:Ruffhead - The Statutes at Large - vol 6.djvu/729

 A.D. 1746. Anno decimo nono GeoYgii II. C. 12. 663 ing under him, that will fue for the fame; to be recovered by Action of Debt, Bill, Plaint or Informa- tion, in any of his Majefty's Courts of Record at JVeJiminJkr ; wherein no Efloin, Protection, Privilege or Wager of Law, Injunction, or Order of Reftraint, or any more than one Imparlance, fhall be granted or allowed ; and in the faid Action the PlaintifF, upon Recovery, fbal! have full Coils of Suit ; one iliird of which Sum fhall be paid into the faid Receipt of Exchequer, for the Benefit of his Majefty, his Heirs and Succeffors, and the other two thirds fhall be to and for the Ufe of the Profecutor. LXXVIII. Provided always, and be it enacted, That in cafe any Officer of the Exchequer (hall make df- nempt Payment of any Share or Shares of the faid yearly Fund of forty-five thoufand Pounds, by this Act di- from PendtjN rected to be fct apart for the Purpofes aforefaid, upon any, fuch Certificate or Certificates as aforefaid, fuch Officer fhall not incur any Penalty, Forfeiture or Difability, or be liable to any Action, of the Con- tributors for doing thereof, though the faid Certificate be forged or falfe, or the faid Nominee be dead, unlefs the faid Officer did know at the Time of fuch Payment, that the faid Nominee was dead, or that the faid Certificate was forged or falfe. LXXIX. And it is hereby enacted by the Authority, That if at any Time or Times the Produce of Defici-nciei to the faid feveral Rates and Duties fhall happen to be fo low or deficient as tiiat the Monies arifing there- be made u,)) from into the Exchequer, fhall not be fufficient to pay and difcharge the feveral and respective Annuities, and other Charges directed to be paid thereout, at the End of any or either of the respective 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 Overplus Monies, that fhal] or may happen to arife and be paid into the Exchequer in any of the fubfequent half Years, as the faid re- fpectivc Annuities Jhall, from Time to Time, become due and payable; and in cafe fuch Overplus Mo- nut of Overplus nies fhall not be fufficient to fatisfy the Deficiencies hereby intended from Time to Time to be paid Mo " ies i thereout, that then, and in every fuch Cafe, the Deficiencies fo from Time to Time happening, fhall from Time to Time be anfwered and made good by and out of the firft Supplies which fhal! be granted or) next Sullies, in Parliament next after fuch Deficiencies fhall appear; and in cafe no fuch Supplies fhall be 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 Exchequer, of the SurplufTes, Exceffes or Overplus Monies, commonly called The Sinking Fund (except fuch Monies of the or, Sinking faid Sinking Fund as are appropriated to any particular Ufe or Ufes by any former Act or Ac~ts of Parlia- Fund, ment in that Behalf) ; and fuch Monies of the faid Sinking Fund fhall and may be from Time to Time iffued and applied accordingly ; and if at any Time or Times before any Monies of the feveral Rates and Duties hereby granted fhall be brought into the Exchequer as aforefaid, there fhall happen to be a Want of Money for paying the feveral Annuities aforefaid, which 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 ex- cepted) and be iffued accordingly. - LXXX. Provided always, and be it enacted by the Authority aforefaid, That whatever Monies fhali To be replaced' be fo iflued out of the Sinking Fund, fhall from Time to Time be replaced by and out of the firft Sup- out of the next plies, to be then after granted in Parliament. . Supplies. LXXXI. Provided always, and be it enatted by the Authority aforefaid, That in cafe there fhall be Surplus Monies any Surplus or Remainder of the Monies arifing by the faid feveral Rates and Duties, after the faid feve- to be difpofea of ral and refpective Annuities, and all Arrears thereof are fatisfied, or Money fufficient fhall be referved for b ^ P 1 "' 1 ' 31 ™ 1 "- that Purpofe, fuch Surplus or Remainder fhall, from Time to Time, be referved for the Difpofition of Parliament, and fhall not be iffued but by the Authority of Parliament, and as fhall be directed by fu- ture Aft or Acts of Parliament j any thing in any former or other Act of Acts of Parliament to the con- trary notwithftanding. LXXXII. And it is hereby enacted by the Authority aforefaid, That if any Perfon or Perfons fhall, at Genera! Mue, any Time or Times, be fued or profecuted for any thing by him or them done, or executed in pur- fuance of this Act, or of any Matter or Thing in this Act contained, fuch Perfon or Perfons fhall and may plead the General IfTue, and give the Special Matter in Evidence for his or their Defence ; and if, upon the Trial, a Verdict fhall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall become nonfuited, then fuch Defendant or Defendants fhall have Treble Colts to him or them awarded Treble Cofc. againft fuch Plaintiff or Plaintiffs. ' LXXXIII. And whereas by an Act of Parliament paffed in the eighteenth Year of his Majefty YiS Geo, z, c. 5, ' rings, for the further Term of fix Years ; and for declaring that the Duties on Salt which arife and are payable ' ties were liable to by the Aft of the fifth Tear of the Reign of his late Majefty King George the Firft,) the ' Sum of one million was advanced and lent on Credit of the faid Duties, for which Orders were directed ' by the faid Act to be made out at the Receipt of the Exchequer (upon producing the proper Receipts of ' the Receivers of the faid Sum of one million) in the Names of the Contributors thereof, or their Af- ' vided into ten Clafles, and the Courfe of Payment of each particular Claffis was to be determined by ' drawing Lots before the Commiffioners of his Majefty's Treafury, or the High Treafurer for the Tims ' of the Delay of fome of the Contributors on the faid Act, or their Affigns, in bringing in their Receipts fore
 * Reign, (intituled, An Aft for granting and continuing the Duties upon Salt, and upon Red and White Hcr-
 * in that Part «/"Great Britain called Scotland, jhall be fubjeil to the fame Charges thereon, as the fame Du~
 * figns, payable in fuch Courfe and Manner, as is therein directed ; which faid Receipts were to be di-
 * being • And whereas fome Doubts have arifen as to the Method of making out fuch Orders, by.reafon
 * to the Auditor of the faid Receipt of Exchequer to be exchanged for Orders as aforefaid;' Be it there-