Page:Ruffhead - The Statutes at Large - vol 6.djvu/727

A.D 1746. Anno decimo nono Georgii II. C. 12. 661 afterwards it fliall not be in the Power of fuch Perfon or Pcrfons, who fliall make fuch Alignment, to make void, releafe or difcharge the fame, or any Monies thereby due, or a;iy Part thereof. LXXI. And be it further enacted by the Authority aforefaid, That in cafe any Guardian or Truftcc, i„( lnU> be ; n?t having the Difpofal of theMoney of any Infant, fliall, in purfuanee of the .Power herein fa given to Purctubnofut him or them in that Behalf, have advanced and paid to fuch Receiver or Receivers as aforefaid, any Sum ■■■"<■ "<• or Sums of Money of fuch Infant for the Purchafe of ten Tickets, or rrrore, in the (aid La ry, in ">"»" »>'»'-'» Manner therein directed, and fliall thereupon, within the Time herein before appointed fom . Q f u» »be Bentat. Lives, name the faid Infant to be a Nominee, fuch Infant, upon Payment of fuch Sum or Sum of . ney, fhall become a Contributor within the Meaning of this Act, in fuch Manner and Proportion as any other Contributor; and the faid Guardians and Truftees, as to the Sum fo advanced by them, are hereby di (charged. LXXII. And for preventing all Frauds in receiving any Share of the yearly Fund hereby appoint-d tn Atr.ntNomi- be let apart as aforefaid ; Be it further enacted by the Authority aforefaid, That ivery Contributor, 1 i<. ""^ fobecoi*" her or their Executors, Adminiftrators, Affigns, or Agents, upon their demanding any half-yearly i'ay- fux ••""■Si ment of his, her or their refpective Shares of the faid yearly Fund (unlefs the iNominee appear in Perfon at the faid Receipt) fliall produce a Certificate of the Life of his, her or their refpective Nominee, figncd by the Minifter and Churchwardens of the Parifli where fuch Nominee fliall be then living upon the Day when the faid half-yearly Payment fliall become due (if fuch Nominee fliall be then refiding in that P.irt of Great Britain called England, Dominion of Wales, or Town of Berwick upon Tweed) or otherwife it {hall and may be lawful to and for every fuch Contributor, his, her or their Executors, Adminiftrators, or Affigns, at his, her or their Election, to make Oath of the Truth of his, her or their refpective No- minees Life, upon the Day when the faid half-yearly Payment fhall become due, before one or more Ju- ftices of the Peace of the refpective County, Riding, City, Town, or Place, wherein fuch Perfon, at the Time of making fuch Oath, fhall refide ; and in like Manner, every fuch Contributor, his, her or their or Oath made, Executors, Adminiftrators, Affigns, or Agents, whofe Nominee fliall refide in any Town or Place, be- &c - ing extraparochial, upon the Day when any of the faid half-yearly Payments fliall become due, fliall make a like Oath before any fuch Juftice or Juftices aforefaid, of the Life of fuch Nominee on that Day (which Oath the faid Juftice or Juftices are hereby impowered to adminifter) and fuch Juftice or Juftices fliall make a Certificate thereof, for which Oath and Certificate no Fee or Reward fliall be demanded or paid ; and the faid Certificates fliall be filed in the Office of the Auditor of the faid Receipt of Exchequer; and if any Perfon fliall be guilty of a falfe Oath, or fhall forge any Certificates, touching the Premifles, and Penaltyonafalfe- be thereof lawfully convicted, fuch Perfon fliall incur the Pains and Penalties to be inflicted upon Per- ? 3th i or for 8 e4 fons who fliall commit wilful Perjury and Forgery; and in cafe any Nominee fliall, at the Time of fuch Demand, be refident in that Part of Great Britain called Scotland, or in the Kingdom of Ireland, and any one or more of the Barons of the Exchequer there, for the Time being, fliall certify that, upon Proof to him or them made (which Proof he and they is and are hereby authorized and required to take in a fummary Way) it doth feem probable to him or them, that the faid Nominee is living (which Certificate is to be given on Examination made, without Fee or Charge) the faid Certificate being filed as aforefaid, fhall be a fufficient Warrant for making the faid half-yearly Payment to the refpective Contributors, their Executors, Adminiftrators, or Affigns; and in cafe any fuch Nominee fliall, at the Time of fuch Nominees be- Demand, be refident in any Parts beyond the Seas, the Proprietors of all fuch Orders, or their Agents, yond Seas to be fliall produce Certificates of the Life of his, her or their refpective Nominees, under the Hand of the certified living. Britijh Minifter refiding at the Place where any fuch Nominee fliall be living, upon the Day when the faid half-yearly Payment fhall become due; and in cafe no Britijh Minifter fliall refide at the Place where any fuch Nominee fliall live, then the faid Proprietors of fuch Orders, or their Agents, fliall produce a Certificate of the Life of his, her or their refpective Nominees, under the Hand and Seal of the chief Magiftrate of any City, Town, or Place, where any fuch Nominee fliall be then living, upon the Day when the faid half-yearly Payment fliall become due as aforefaid ; and every fuch Agent or Agents fhall alfo annex to every fuch Certificate, an Affidavit to be made by him or them, before one or more of the Barons of the Exchequer, that he or they do believe that fuch Certificate is true ; which Certificate being filed as aforefaid, fliall be a fufficient Warrant for making the faid half-yearly Payment to the refpective Contributors, their Executors, Adminiftrators, or Affigns ; and if any Perfon or Perfons fhall receive p cna] _ 8fIrc _ one or more half-yearly Payments upon his, her or their Annuity or Annuities, for any Time beyond ce ; v i ng an An „ the Death of his, her or their Nominee or Nominees, when the fame ought to ceafe, fuch Perfon or Per- nuity after the ions fhall forfeit treble the Value of the Monies fo by him, her or them received, and alfo the Death of a No- Sum of five hundred Pounds ; the Moiety whereof fhall go to his Majefty, his Heirs and SuccefTors, minee - and the other Moiety to him or them that will fue for /he fame, by Action of Debt, Bill, Suit, or In- formation ; in which no Eflbin, Protection, Privilege, Wager of Law, Injunction, or more than one Im- parlance fliall be allowed. LXXIII. And be it further enacted by the Authority aforefaid, That every Contributor, his, her or Notice to be gi- t-heir Executors, Adminiftrators, or Affigns, within one Month next after Notice of the Death of his, « no " theD «* her or their refpeflive Nominee or Nominees, fliall certify fuch Death to the Auditor of the faid Receipt, ° a om,n "' of Exchequer for the Time being; and fliall alfo within three Months after fuch Notice, deliver or caufe to be delivered up to the faid Auditor, his, her or their Order or Orders, by which he, fhe or they was and were intitled during the Life of fuch Nominee, to any Share of the faid yearly Fund, in cafe fuch Order and Orders be in his, her or their Hands or Power; and in Default thereof, fuch Contributor, Penalt ^ „•„ y^ his Executors, Adminiftrators, and Affigns, fliall forfeit .the Sum of ten Pounds 5 to be recovered isAu