Page:Ruffhead - The Statutes at Large - vol 7.djvu/138

 94 C. 3. Anno vicefimo primo Georgii II. A. D. 1748. nies arifing thercfi-om into the Exchequer, {hall not be fufficient to pay and difcharge the f^vcral and refpec- tive Annuities, and other Charges directed to be paid thereout, at the End of any or either of the refpec- ' tive half-yearly Days of Payment, at which the fame are hereby direftcd to be paid, then and fo often, and in every fuch Cafe, fuch Deficiency or Deficiencies {hall 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, •$ the laid refpeiftive Annuities fhall, from time to time, become due and payable ; and in cafe fuch Overplus Monies fliall not be fufficient to fatisfjr the Deficiencies hereby intended from time to time to be paid there- out, that then, and in every fuch Cafe, the Deficie.icies fo from time to time happening, {hall, from time to time, be anfwered and made good by and out of the firfi: Supplies which {hall be granted in Parliament next after fuch Deficiencies fhall appear; and in cafe no fuch Supplies {hall be granted within fix Months next after fuch Deficiencies {hall happen, then the fame {liall b? made good out of any the Monies which at any Time or Times fhall be or remain in the Receipt of the Exchequer, of the SurplufTes, ExcefTes or 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 former Adt or Afls of Parliament in that Behalf j and fuel) Monies of the faid Sinking Fund fhall and may be from time to time ifTued and applied accordinelv ; and if at any Time or Times before any Monies of the faid Subfidies, Rates and Duties hereby (granted fhall be brought into the Exchequer as aforefaid, there fhall happen to be a Want of Money for payin" the fcveral Annuities aforefaid, which {hall be aftually 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 iilued accord- ingly, linking Fond "XL. Provided always, and be it enafted by the Authority aforefaid. That whatfoever Monies fliall be fo to be replaced, iffued out of the faid Sinking Fund, {hall from time to time be replaced by and out of the firft Supplies to be then after granted in Parliament. Sorpliis Monies XLI. Provided aUvays, and be it enaded by the Authority aforefaid, That in cafe there flial! be any Sur- liovvtobeap- plus or Remainder of the Monies arifing by the faid feveral Subfidies, Rates and Duties, after the faid fe- P^'^''* veral and refpeftive Annuities, and other Payments or Charges by this A6t direded to be paid thereout, and all Arrears thereof are fatisfied, or Money fuiScient fiiall be referved for that Purpofe, fuch Surplus or Remainder {hall, from time to time, be referved for the Difpofition of Parliament, and {hall not be iiTued but by the Authority of Parliament, and as fhall be directed by any future Art or A6ls of Parliament ; aiiy thing in this or any former or other Ad: or Arts of Parliament notwithftanding. f aMfe pf Re- XLII. Provided alfo, and it is hereby enafted by the Authority aforefaid. That at any Time upon one deBipdon, Year's Notice to be printed in the London Gazette, and affixed upon the Royal Exchange in London, bv Au- thority of Parliament, at any of the half yearly Feafl Days, for Payment of the faid feveral and refp'eftive Annuities, and upon Repayment by Parliament, of the Principal Sum of fi.x millions three hundred thou- fand Pounds, and alfo upon Payment of the faid additional Capital of fix hundred and thirty thoufanJ Pounds, amounting together to the Principal Sum of fix millions nine hundred and thirty thoufand Pounds, for which the faid refpedive Annuities are payable to fuch refpedive Perfons or Corporations, as fhall be intitled to the fame Annuities, and alfo upon full Payment of all Arrearages of the fame Annuities; then, and not till then, the faid refpeflive Annuities fhall ceafe and determine, and be underftood to be redeemed ; and from and after fuch Redemption, the Monies arifing from the faid feveral Subfidies, Rates and Duties by this A61: granted as aforefaid, {hall not be ifTued or applied to any Ufe or Purpofe, but as {hall be direrted by any future Aft or Afts of Parliament; any thing in this or any former hSt or Afts of Parliament to the contrary notwithftanding ; and that any Vote or Refolution of the Houfe of Commons fignified by the Speaker in Writing, to be inferted in the London Gazette, and affixed on ic Soyal Exchange oi London as aforefaid, {hall be deemed and adjudged to be fufficient Notice, within the Words and Meaning: of this Aa. XLIII. And it is hereby enafled by the Authority aforefaid. That if any Perfon or Perfons {laall be fued, molefled and profecuted for any thing done by virtue or in purfuance of this Aift, or any the Claufes therein General liTue. contained, fuch Perfon or Perfons fliall and may plead the General Ifiue, and give this Aft and the Special Matter in Evidence for his or their Defence ; and if afterwards a Verdift fhall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall dilcontinue his or their Action, or be nonfuited, or Judg- ment fhall be given againft him or them, upon Demurrer or otherwife, then fuch Defendant or Defendants Tieblc Cods, {hall have Treble Cofts to him or them awarded againfl: fuch Plaintiff or Plaintifl-'s. CAP. III. An A 61 to revive and make perpetual two A(51:s of Parliament, one made In the twelfth Year of the Reign of his late Majefly King George the Firfb, inciculed, An AH to prevent frivclous and vexalioHS Arrejls ; and the other made in the fifth Year of his prefent Majeity's Reign, to explain, amend and render more effeftual the faid Ad:. IS Geo. I.e. 19. ' ^'JfJZHEREAS great Benefit hath accrued to this Kingdom by an Aft of Parliament, pafled in the ■' VV twelfth Year of the Reign of his late M.ijefly KingGEORGK the Firff, intituled, An Ac! to prc- ' vent frivohin and vexatious Arrcfts, which was to continue in Force from the twenty-fourth E)ay of ^/tc ' one thoufand {^vtw hundred and twenty-fix, for the Term of five Years, and from thence to the End of Oso 2. c. a-. * '''"^ t'^'^" "^'^'^ Seffion of Parliament ; and which by another Aft made in the fifth Year of his prefent Ma- "* ^ ■ " • "' £ jffly's Reign, was explained, amended and rendered more effeiflual, and further continued for the Terni ' of feven Years, and f^rom thence to the End of the then next Seflion of Parliament j which faid Aft, (o
 * amended