Page:Ruffhead - The Statutes at Large - vol 4.djvu/298

246 C. iQ. Anno quinto Ann iE Regina^. A. D. 1706. in the fald Office ; which faid Entry or Memorandum the proper Officers in the faid R.eceipt of Exche- quer are hereby required to malce accordingly, and to file the faid Affidavits : And in Default of fuch Af- fignment or Devife by Deed or Will, the Intereft of fuch Contributor fhall go to his or her Executors or Adminiftrators. Guardians to In- XXIII. And it 13 hereby further enadted, That it fhall and may be lawful for any Guardian, or fants in"? ad- Truftee, having the Difpofal of the Money of any Infant under the Age of one and twenty Years, for vajice i6oi. &c. ^j^^, y^^ ^^^ Benefit of fuch Infant, to advance and pay the Sum of one hundred and fixty Pounds of the Money of fuch Infant, to purchafe an Annuity upon this Aft for the Benefit of fuch Infant; and the faid Guardian or Truilee, as to the faid Sum of one hundred and fixty Pounds fo advanced, is hereby difcharged. Penalty on Of- XXIV. And be it further enafted, for the better Encouragement of Perfons to advance, the Monies on Fecf or toeit *'^ ^'-^-' ^^^^ ^^^ Receipts and IITues, and all other things direfted by this Aft_ to be performed in the ill's MonieC^kc. Exchequer, fhall be done and performed by the Officers there, without demanding or receiving, direftly 'or indireftly, any Fee, Gratuity or Reward for the fame; and in cafe any of the Officers of the Exche- quer fliall take or demand any fuch Fee or Reward, or fhall divert or mifapply any of the Monies of the "' faid Duties, or Monies hereby appropriated, or any Part thereof, which (hould make good the Payment . of the faid Annuities, or fnal! pay or iffiie out the fame otherwife than according to the Intent of this Aft, or fhall not keep Books and Regifters, and make Entries, and do and perform all other things which by ,. this'Aft they are required to perform ; every fuch Officer Ihall forfeit his Office, and be for the future in- capable of any Office or Place of Truft, and fhall anfwer and pay treble Damages to every Contributor or Perfon who fliall be prejudiced thereby, to be recovered by Aftion of Debt, Bill, Plaint or Informa- ' tion in any of her Majefty's Courts of Record at JVcJhnnifler, wherein no EiToin, Proteftion, Privilege of Parliament, or other Privilege, Wager of Law, Injunftion, Order of Reftraint, or more than one Imparlance fhall be granted or allowed; and in the faid Aftion the Plaintiff upon Recovery fhall have full Cofts ; one third Part of which Sum to be recovered for Damages, fhall be to the Ufe of her Majefty, her Heirs and SuccelTors, and the other two third Parts, with the Cofts, fhall be to the Life of the Pro- fecutor; and in cafe there fhall be any Collufion, or faint Profecution, between the Plaintiff and Defen- dant in fuch Aftion, it fhall be lawful for any other Cs^ntributor, his or her Executors, Adminiftrators or Affigns, to bring another Aftion, wherein he or fhe fliall recover as aforefaid, to the like Ufes as aforefaid. No Purchafe XXV. Provided always. That no Perfon or Perfons whatfoever fhall or may purchafe or obtain, or be Part mU before ^'^"litts'l to purchafe or obtain, any Annuity whatfoever upon this Aft, unlefs the whole or one fourth loMav 1707. ^^rt at leaft of the Confideration-money for the fame, at fuch Rate as aforefaid, be advanced'and paid into the faid Receipt of Exchequer, on or before the faid tenth Day of May one thoufand feven hundred and ^itMtn. Contritutots XXVI, Provided alfo, That in cafe any fuch Contributor as aforefaid, who fhall, on or before the ru'"h Part '"^'"^ tenth Day of May one thoufand feven hundred and feven, have advanced one fourth Part of his or sn"notthe' her Purchafe-money, or his, her, or their Executors, Adrni dftrators, Succeffors or Affigns, do not ad- Remainder, vance and pay into the Receipt of the Exchequer, one other fourth Part of his or her Confideration-money fuch PaytTKnt fo to be paid for fuch refpeftive Annuity or Annuities as aforefaid, on or before the faid tenth Day of fofeiwji, yu.ly in the Year of our Lord one thoufand feven hundred and feven, and one other fourth Part thereof on or before the faid tenth Day of September one thoufand feven hundred and feven, and the remairtuig fourth Part thereof on or before the faid tenth Day of November in the" Year of our Lord one thoufand feven hundred and feven ; then and in every fuch Cafe refpeftively, no Order fhall be drawn or figned for fuch refpeftive Annuity, for which the Confideration-money fhall not be fully paid as aforefaid ; but fo much of the Confideration-money as fhall have been aftually paid into the Receipt of the Exchequer for fuch refpeftive Annuity, fhall be forfeited to her Majefty, her Heirs and Succeffors, and be applied toge- ther with other the Monies to be raifed by this Aft for fuch publick Services as aforefaid; any thing in this Aft contained to the contrary notwithflanding. Lot!! Treaftrer XXVII. Provided alfo, and it is hereby enafted. That it fhall and may be lawful to and for the Lord tl-rrci^rks & '^'^^^^'^^'^h °^ any three or more of the Commiffioners of the Treafury for the time being, out of- any ' •" ' the Monies of the faid weekly Payments, hereby appointed to be paid into the Exchequer as aforefaid, or out of any the faid Overplus Monies of the former Annuity Funds, to reward the Officers, Clerks, and others to be employed in the Payments of the faid Annuities, or the Accounts thereof, for their La- bour, Pains, Charges, and Service therein refpeftively, and to defray all other the neceffary Charges in- cident to the Payment of the faid Annuities, as to the faid Lord Trcafurer, or Commiffioners of the Trea- fury for the time being, fhall feem meet and reafonable in that Behalf; any thing in this Aft contained • to the contrary notwithflanding. «hlT'Mi,itke * XXVIII. And whereas divers Perfons, Clerks, Stewards, Mayors, and Bailiffs, keeping and holding •fec.^liave omit-' ' '"ferlor Courts of Record, and other Perfons concerned in inferior Courts, and Corporations, and divers ted to enter Ac ' Officers, Attornies, and Clerks of the Courts at JVeJlmhifter, have through Inadvertency, Miftake or tions, &c. on ' Mifconilruftion of the L^Wj or by Negleft, omitted the iffuing, entring, enrolling, or filing of divers sTfu hp'^f"' ' •^'^'O"-^' Plaints, Bails, Appearg,nces, Pledges, Declarations, and other Procefs and Proceedings, upon freed "from "foT-^ * ftampt Vellum, Parchment, and Paper, as by fcveral Afts of Parliament made in that Behalf they ought ' feiturcs incurred 'o haye done, and have delivered Declarations where no Bail or Appearance have been filed or entred, ' tefore 20 March and proceeded further thereon;' Be it enafted by the Authority aforefaid. That all and every the faid '• 1706,^ paying the Clerks, Stewards, Bailiffs, Officers, Attornies, and other Perfons fo concerned as aforefaid, fhall be, and Pjities, &<:. tiiey are hereby freed and difcharged of and from all and every the Pains, Penalties and Forfeitures not ' ■ 3 already