be filed. fame, fhall bring therewith an affidavit, taken before some perfon authorized to take affidavits in caufes depending in any Affidavits to the courts at Westminster, of the due execution of the faid affignment or will, which affidavits fhall be feverally filed in the faid office; which faid entry or memorandum the faid officers in the faid receipt of the Exchequer are hereby required to make accordingly, and to file the said affidavits, and in default of fuch affignment or devife, by deed or will, the interest of go to his ex- fuch contributor (not being fuch as is to determine by his or her death) fhall go to his or her executors or administrators. In default of affignment, &c. intereft of contributorsto ecutors, &c. Annuities to be deemed a personal eitate, &c. Guardians to infants may advance rgol. advance 150l. &c. to purchase an annuity, &c. and be difcharged for fo much. minee, &c. church wardens, XXI. And it is hereby enacted, That every estate of and in any annuity to be purchased upon this act, fhall be deemed a perfonal eftate, and (if the fame be not fuch annuity as is to depend upon the contributor's own life) thall go to his executors and adminiftrators, and not be defcendable to the heir. XXII. And be it further enacted, That it shall and may be lawful for any guardian or trustee, having the difpofal of the money of any infant under the age of one and twenty years, for the use or benefit of fuch infant, to advance and pay the fum of one hundred and fifty pounds of the money of fuch infant, to purchase any annuity upon this act for the benefit of fuch infant; and the faid guardian and trustee, as to the faid fum of one hundred and fifty pounds fo advanced, is hereby discharged. XXIII. And to the intent and purpose that all deceits in receiving any payment upon any of the said annuities to be purchased for life or lives as aforefaid, may be prevented; Contributors be it enacted by the authority aforefaid, That every contrito produce a butor, for any of the faid annuities for life or lives, his or certificate of her executors, administrators or affigns, upon his or her the life of no- demanding of any quarterly payment, upon fuch his or her. figned by the annuity (unless the nominee appear in perfon at the faid minifter and receipt) fhall produce a certificate of the life of his or her respective nominee, figned by the minifter and churchwardens of the parish where fuch nominee fhall be then living, upon the day when the faid quarterly payment shall become due (if fuch nominee fhall be then refiding in the kingdom of England, dominion of Wales, or town of Berwick upon Tweed) which certificate the faid minifter and churchwardens are hereby required to make without fee or reward; or otherwise it fhall and may be lawful to and for every contributor, his or her executors, adminiftrators and affigns, at his, her or their election, to make oath of the truth of his, her or their respective nominee's life, upon the day when the said payment fhall become due, before any one or more justices of the peace of the refpective county, riding, city, town, or place, wherein fuch perfon, at the time of making the faid oath, fhall refide; which oath he or they are hereby impowered to adminifter: and the faid juftice or justices fhall make a certificate thereof, for which oath and certificate no fee or reward fhall be received: and the faid certificates fhall be filed without fee; otherwife to make oath of nominee's life. Juftices to make a certificate thereof, in the faid office of the receipt of Exchequer and if any perfon Penalty on perhall be guilty of a fake oath, or forging any certificate, fon guilty of a touching the premiffes, and be thereof lawfully convicted, he or falfe oath or the thall incur the punishment to be inflicted upon perfons who forging certificommit wilful and corrupt perjury. cate, &c. living, to XXIV. And be it further enacted, That in cafe any nominee Certificate, for life or lives fhall, at the time of fuch demand of any that nominee, quarterly payment, be refident in Scotland, or beyond the refident in feas, and any one or more of the barons of the Exchequer Scotland, or for the time being fhall certify, that upon proof to him or beyond fea, is them made (which proof he and they is and are hereby autho- be fufficient rized and required to take in a fummary way) it doth feem for making probable to him or them that the faid nominee is living payment. (which certificate is to be given, and examination made, without fee or reward) the faid certificate being filed as aforefaid, thall be a fufficient warrant for the making of fuch quarterly payment to the refpective contributor, his or her executors, adminiftrators or affigns. XXV. And be it further enacted by the authority aforefaid, PerfonsreceivThat if any person or perfons. fhall receive any one or more ing any quarquarterly payments, upon any of the faid annuities purchased terly payment for one or more lives as aforefaid, for any time beyond the after the death death of his, her or their nominee, when the fame ought of nominee, fhall be obliged to cease, fuch perfon fhall be obliged to repay the fum, fo by to repay the him or her received, into the receipt of Exchequer; and if the fame. fame were obtained, either by forging any certificate of the life of fuch nominee, or by bringing any one to the faid receipt of Exchequer, to perfonate his or her appearance, every fuch perfon fo fraudulently getting the faid money, and every perfon fo produced as aforefaid, fhall forfeit treble the fum Penalty on fo received, to be recovered by action of debt, in any of her perfonsobtainMajefty's courts of record at Westminster, by any perfon ing the fame fraudulently. who fhall fue for the fame; in which action no effoin, protection, privilege, or wager of law, or more than one imparlance fhall be allowed: and moreover, the faid perfons fo fraudulently getting the faid money, and the perfons produced as aforefaid, and all other partakers in fuch forgery or fraud, fhall be further punished for the fame, according to the laws of this realm. All receipts XXVI. And be it further enacted, for the better encouraging perfons to advance the faid feveral fums on this act, That and issues in all receipts and iffues, and all other things directed by this the Exchequer act to be performed in the Exchequer, fhall be done and shall be made performed by the officers there, without demanding or re- without fee. ceiving, directly or indirectly, any. fee, gratuity or reward for the fame; and in cafe any of the officers of the Exchequer Penalty on fhall take or demand any fuch fee or reward, or fhall divert officer taking or mifapply any of the faid weekly fums to be paid into the fee, or milap receipt of the Exchequer, or any part of the monics which plying the weekly fums fhould make good the payment of the faid annuities, or fhall pay or iffue out of the fame otherwise than according or not making to entries. Treble damages. -to the intent of this act, or shall not keep books and registers, and make entries, and do and perform all other things, which by this act they are required to perform, every fuch officer fhall forfeit his office, and be for the future incapable of any office or place of truft whatsoever, and shall answer and pay treble damages with cofts of fuit to every contributor or perfon who fhall be prejudiced thereby, to be recovered by action of debt, bill, plaint, or information, in any of her Majefty's courts of record at Westminster, wherein no effoin, protection, privilege of parliament, or other privilege, wager of law, injunction, or order of restraint, or more than one imparlance, fhall be granted or allowed; and in the faid action the plaintiff upon recovery fhall have his full costs; one third part of which fum, fo to be recovered for damages, have full cofts. thall be to the ufe of her Majefty, her heirs and fucceffors; and the other two third parts, with the costs, shall be to the In cafe of faint use of the profecutor: and in cafe there fhall be any collufion prosecution, or faint profecution between the plaintiff and defendant in such contributor action, it fhall be lawful for any other contributor, his or her executors, adminiftrators, or affigns, to bring another action, wherein he fhall recover as aforefaid, to the uses aforefaid. Plaintiff on recovery to may bring an other action. Officermaking payment on certificate, fhall not incur any penalty, &c. death of no quinces, XXVII. Provided always, and be it enacted, That in cafe any officer of the Exchequer fhall make any quarterly payment or payments upon fuch certificate as is before directed, fuch officer fhall not incur any penalty, forfeiture, or difability for doing thereof, although 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. XXVIII. And be it further enacted, That every contributor Contributors to certify the for life or lives, as aforefaid, his or her executors, adminiftrators, or affigns, within one month after notice of the death of any his or their refpective nominee or nominees, fhall certify fuch death to the auditor of the receipt of Exchequer for the time being, and within three months after notice of the determination of his, her, or their annuity or annuities, by the death or deaths of his, her, or their nominee or nominees, and deliver up fhall deliver, or cause to be delivered up, to the faid auditor, their tallies, his or their talley and order, by which he or they were or was &c. in 3months intitled, during the life of fuch nominee or nominees, to receive after decease. fuch annuity or annuities, in cafe fuch talley and order be in his or their hands or power, and in default thereof, fuch contributor, his or her executors, adminiftrators, and affignis, fhall forfeit the fum of ten pounds, to be recovered by action of debt, as aforefaid, and to be had and received to the ufe of any person who fhall fue for the fame. Penalty. Monies appro XXIX. And it is hereby enacted and declared, That so priated for much of the monies arifing by the faid weekly payments payment of the out of the faid branches of excife, as fhall be fufficient, from annuities. time to time, to discharge the faid annuities from and after the the faid five and twentieth day of December, one thoufand feven hundred and five, during the continuance of the faid annuities refpectively, and fo much of the faid contributionmoney to be advanced on this act, as fhall be fufficient to discharge all the payments which fhall or may grow due on the faid annuities, from the faid twenty fifth day of March, one thousand feven hundred and four, until and for the said twenty fifth day of December, one thousand seven hundred and five inclufively, fhall be appropriated and applied, and are hereby appropriated to and for the payment of the faid annuities, according to the true meaning of this act, and shall not be divertible or diverted to any other ufe, intent, or purpose whatfoever, under fuch penalties, forfeitures, and difabilities, as are before mentioned. XXX. Provided always, That no perfon or perfons whatfo- One third part ever fhall or may purchase or obtain, or be admitted to purchase of the purchafe or obtain, any annuity upon this act, for any term, eftate, or money to be intereft whatsoever, unless the whole, or one third part of the paid by 1 May confideration money for the fame, at fuch refpective rate, as 1704. aforesaid, be advanced and paid into the faid receipt of Exchequer, on or before the faid first day of May, in the year of our Lord one thousand seven hundred and four. two other XXXI. Provided alfo, That in cafe any fuch contributor, Contributors as aforefaid, who fhall on or before the faid first day of May, not paying the one thousand seven hundred and four, have advanced one third parts within part only of his or her purchase money, his or her executors, the times liadminiftrators, or affigns, do not advance and pay into the re-mited, ceipt of Exchequer, one other third part of his or her confideration money, so to be paid for fuch refpective annuity or annuities, as aforefaid, on or before the faid twenty fourth day of June, in the year of our Lord one thousand seven hundred and four; and the remaining third part thereof on or before the faid twenty ninth day of September, in the fame year of our Lord one thousand seven hundred and four; then, and in every such cafe respectively, no order fhall be drawn or figned for fuch refpective annuity for which the confideration money shall not be fully paid, as aforefaid, but fo much of the confideration money as thall have been actually paid into the Exchequer for fuch refpective annuity, fhall be forfeited and loft to her Maje- fuch monies, fo fty, her heirs and fucceffors, and be applied, together with paid in, to be other the monies to be raised by this act, for the purposes forfeited, &c. aforefaid; any thing in this act contained to the contrary not withstanding. XXXII. Provided always, and it is hereby enacted, That it Allowances to fhall and may be lawful to and for the lord treasurer, or com- officers and miffioners of the treasury for the time being, out of any the clerks, &c. monies of the faid weekly payments, to reward the officers and clerks in the Exchequer to be employed in the payment of the faid annuities, or any of them, for their labour, pains, and service therein refpectively, in fuch proportions as to the lord treasurer, or commiflioners of the treasury for the time being, fhall as will raile 1,200,000l. &c. Queen, &c. may borrow much as will fo shall seem meet and reasonable in that behalf; any thing in this act contained to the contrary notwithstanding. If fo many XXXIII. Provided always, and be it enacted by the authocontributions rity aforefaid, That if fo many contributions upon this act, be not made by for fuch annuities as aforefaid, fhall not be made on or before 1 May, 170+ the faid first day of May, one thoufand feven hundred and four, as fhall be fufficient (together with the feveral parts or proportions of the purchase money then remaining to be paid at or before fuch feveral days or times, as aforefaid) to raise the faid whole fum of one million and two hundred thousand pounds, over and above the money neceffary to discharge such annuities as fhall be purchased, until the faid five and twentieth day of December, one thousand seven hundred and five inclufively, as aforefaid; then immediately from and after the faid first day of May, one thousand feven hundred and four, it fhall and may be lawful to and for her Majefty, her heirs or fucceffors, or her or their officers in the receipt of Exchequer, by command or appointment of her Majefty, her heirs or fucceffors, to borrow and take into the faid receipt of Exchequer, of or from any person or persons, natives or foreigners, bodies politick or corporate (who have hereby power and authority to lend and advance the fame) for the fervice of carrying on the said war, and other her neceffary occafions, any fum or fums of money, which, together with the whole amount of all the confideration or purchase monies, paid or to be paid, in ready money or by proportions, as aforefaid, for the faid annuities, fhall not exceed in the whole the faid fum of one million and two hundred thousand pounds, befides fo much as fhall be necessary to dif charge the purchased annuities, until and for the faid five and twentieth day of December, one thousand seven hundred and five, as aforefaid; which loans fhall be regiftred and repaid in course, according to the dates of the tallies, and intereft fhall be Intereft allow- allowed for the faid loans after the rate of fix pounds per centum per annum, and payable quarterly; and the principal and intereft of the faid loans fhall be charged upon, and payable out of, all the monies, which thall arife by the faid weekly payments, over and above fo much as will be fufficient to fatisfy the faid 'annual payments, after the rate of three pounds per centum per annum, to the faid patentees, and thofe claiming under them, and over and above fo much as fhall be fufficient to fatisfy fo orders for re- many annuities as fhall have been actually purchafed upon this payment, &c. act: and that tallies of loan fhall be levied for the monies fo lent, and orders fhall be drawn and figned for repayment of the fame, with fuch intereft as aforefaid, according to the course of the Exchequer; and that fuch orders, or any part thereof, fhall be affignable,fuch affignments being first entred in the office of the auditor of the faid receipt; and that no monies fo to be lent fhall be chargeable with any taxes, rates, or impofitions; Monies fo lent and all the monies arifing by the faid weekly payments out of not to be tax- the faid branches of excife (over and above fo much as will be fufficient to fatisfy the faid annual payments, after the rate of ed. Tallies and ed. three |