Page:Ruffhead - The Statutes at Large - vol 8.djvu/85

A. D. 1757. Anno tricefimo Georgii II. C. 19. 51 try made, fuch Afiignment fhall intitle fuch Affignee or Aflignces, his, her or their Executors, Admini- ftrators or Affigns, to :he Benefit thereof, and Payment thereon; and fuch Affignee or Afiignees may, in like Manner aflign again, and fo toties quotics ; and afterwards it flial! not be in the Pov/cr of fuch Ferfon or Perfons who fhall make fuch Affignment, to make void, releafe or difcharge the fame, or any Monies thereby due, or any Part thereof. LXII. And for preventing all Frauds in receiving any Share of the yearly Fund hereby appointed to At demanding he fet apart as aforefaid ; Be it further enadied by the Authority aforefaid, That every Contributor, his ^^ ■f""""^>' or her Executors, Adm.iniftrators, Affigns or Agents, upon Demand of any Half-yearly Payment ^^ xhlk'AniliQl'^mA his or her refpe(£live Shares of the faid yearly Fund (unlefs the Nominee appears in Perfon at the faid churchwardens Receipt) {hall produce a Certificate of the Life of his, her or their rcfpedlive Nominee, figned by the to be produced of Minifter and Churchwardens of the Parifh where fuch Nominee fliall be then living, upon the Day when ^h.- Life of the the faid Half-yearly Payments fhall become due (if fuch Nominee fliall be then refiding in that Part of |^5""'"."' ** '*' Great Britain ca.]hd Efi^/and, Dominion of JVales^ or Town of Berwick upon Tweed) or otherwiie, it /a^jj'! '" "^' fhall and may be lawful to and for every fuch Contributor, or his or her Executors, Adminiftrators or Affigns, at his or her Election, to make Oath of the Truth of his, her or their refpe6tive Nominee's or the fame to be Life upon the Day when the faid Half-yearly Payment fhall become due, before one or more Juftices of olth "^before a the Peace of the refpe6five County, Riding, City, Town or Place wherein fuch Perfon, at the Time of tuftice- making fuch Oath (hall refide ; and in like Manner every fuch Contributor, his or their Executors, Ad- miniftrators, AlTigns or Agents, whofe Nominee fhall refide in any Town or Place, being Extraparo- ="<!'" Pia"s chial, upon the Day where any of the faid Half-yearly Payments fhall become due, (ball make a like Extrapirochul. Oath before any fuch Juftice or Jullices aforefaid, of the Life of fuch Nominee on that Day (which Oath the laid Juftice or Juftices of the Peace are hereby impowered to adminifler) and fuch JufHce or Juftices fhall make a Certificate thereof; for which Oath and Certificate no Fee or Reward fhall be de- nianded or paid; and the faid Certificate fhall be filed in the Office of the Auditor of the faid Receipt of ^^ be ftied i"h! the Exchequer. _ Auditor's Office, LXIIL And be it further enaifled by the Authority aforefaid. That if any Perfon fliall be guilty of a penairy of ma- falfe Oath, or fliall forge any Certificate touching the PremifTes, and be thereof lawfully convicted, fuch king a falfe Perfon fhall incur the Pains and Penalties inflicted upon Perfons committing wilful Perjury and o^th, or forging Forgery. ^ Certificate ; LXIV. And be it further ena£l:ed by the Authority aforefaid. That in cafe any Nom.inee fhall, at the Nominee being Time of fuch Demand, be refident in that Part of Great Britain called -S^c/Z^W, or in the Kingdom of refident in Scoc- Jrelandy and any one or more of the Barons of the Exchequer there for the Time being fhall certify, that |^"» or Ireland, upon Proof to him or them made (which Proof he and they is and are hereby authorifed and required to Exchequer 'th^ere take in a fummary Way) it doth feem probable to him or them that the faid Nominee is lining (which to grant Certifi- Certificate is to be given on Examination made without Fee or Charge) the faid Certificate being filed as cates; aforefaid, fhall be a fufficient Warrant for making the faid Half-yearly Payment to the refpeftive Contri- butors, their Executors, Adminiftrators or Afiigns ; and in cafe any fuch Nominee fliall, at the Time of if refident in fo, fuch Demand, be refident in any Parts beyond the Seas, the Proprietors of all fuch Orders, or their R'^"iY,'^-„'^^ Agents, fhall produce Certificates of the Life of his, her or their refpedive Nominees, under the Hand j/'^' Imiiter, of the Britijh Minifter refiding at the Place where any fuch Nominee fhall be living upon the Day when fuch Half-yearly Payment fhall become due ; which Certificates fhall be given without Fee or Reward ; and in cafe no Britijh Minifter fliall refide at the Place where any fuch Nominee fhall live, then the faid Proprietors of fuch Orders, or fuch Agents, fhall produce a Certificate of the Life of his, her or their rcfpedive Nominees, under the Hand and Seal of the chief Magiftrate of any City, Town or Place, or the chief Ma- where any fuch Nominee fliall be then living upon the Day when the faid Half-yearly Payment fhall be- giftrates, to granc come due as aforefaid ; and every fuch Agent or Agents fliall alfo annex to every fuch Certificate or AfH- ^'^'■t'f'*-"^^". davit to be made by him or them, before one or more of the Barons of the Exchequer^ that he or they do hirTefthnon^y^o believe that fuch Certificate is true ; which Certificate being filed as aforefaid, fhall be a fufficient War- the Certificate. rant for making the faid Half-yearly Payment to the refpedtive Contributors, their Executors, Admini- ftrators or Afiigns ; and if any Perfon or Perfons fhall receive one or more Half-yearly Payments upon Perfon rereiyin^ his, her or their Annuity or Annuities, for any Time beyond the Death of his, her or their Nominee or Annuity bcjoni Nominees, when the fame ought to ceafe, fuch Perfon or Perfons knowing fuch Nominee or Nominees ^'^ Life of the to be dead, fhall forfeit treble the VaUie of the Monies fo by him, her or them received, and alfo the fei'|™t"eble th'e Sum of five hundred Pounds; the Moiety whereof fhall go to his Majefty, his Heirs and Succefibrs, Sura, and 500!, and the other Moiety to him or them who will fue for the fame, by Aftioa of Debt, Bill, Suit or Infor- mation, in which no Eflbin, Prote<5lion, Privilege, Wager of Law, Lijundlion, or more than one Im- parlance fliall be allowed. LXV. And be it further enabled by the Authority aforefaid. That every Contributor, his or her Exe- Death of Ncmi- cutoFs, Adminiftrators or Affigns, within one Month next after Notice of the Death of his, her or their 5?,^^ t° ^^g^'^^- refpeetive Nominee or Nominees, fhall certify fuch Death to the Auditor of the faid Receipt of Exche- ^'J^ ^^ ^„ ^^^J" quer for the Time being, and fhall alfo within three Months after fuch Notice, deliver or cr.ule to be chequer, and delivered up to the faid Auditor, his, her or their Order or Orders, by which he, fhc or they, was and order to be de- were intitled during the Life of fuch Nominee to-any Share of the faid yearly Fund, in cafe fuch Order J'vered up, and Orders be in his, her or their Hands or Power; and in Default thereof, fuch Contributor, his or on Penalty of her Executors, Adminiftrators and Affigns, fhall forfeit the Sum of ten Pounds ; to be recovered by Ac- 10 1. tion of Debt as aforefaid, and to be had and received for the Ufe of any Perfon who fliall fue for the fame. tj> LXVI. And