same, shall bring therewith an affidavit, taken before some perfon authorized to take affidavits in causes depending in any Affidavits to the courts at Westminster, of the due execution of the faid be filed. affignment or will, which affidavits shall be severally filed in the

faid office; which said entry or memorandum the said offiIn default of cers in the said receipt of the Exchequer are hereby required to affignment, make accordingly, and to file the said affidavits, and in default contributorsto of fuch affignment or devise, by deed or will, the interest of go to his ex- fuch contributor (not being such as is to determine by his

&c. of

ecutors, &c. Annuities to be deemed a personal eitate, &c.

Guardians to

or her death) shall go to his or her executors or administrators. XXI. And it is hereby enacted, That every eftate of and in any annuity to be purchased upon this act, shall be deemed a personal estate, and (if the same be not fuch annuity as is to depend upon the contributor's own life) thall go to his executors and administrators, and not be descendable to the heir. XXII. And be it further enacted, That it shall and infants may, may be lawful for any guardian or trustee, having the disposal 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 such infant, to purchase any annuity upon this act for the benefit of fuch infant; and the said guardian and trustee, as to the said fum of one hundred and fifty pounds so advanced, is hereby difcharged.

&c. to purchase an an

nuity, &c. and be difcharged for fo much.

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 aforesaid, may be prevented; Contributors be it enacted by the authority aforesaid, That every contrito produce a butor, for any of the said annuities for life or lives, his or certificate of her executors, administrators or assigns, upon his or her the life of no- demanding of any quarterly payment, upon such his or her. figned by the annuity (unless the nominee appear in person at the faid minifter and receipt) shall produce a certificate of the life of his or her

minee, &c.

church wardens,

without fee; otherwise to

make oath of

nominee's life.

Justices to make a certificate thereof,

respective nominee, signed by the minister and churchwardens of the parish where such nominee shall be then living, upon the day when the faid quarterly payment shall become due (if fuch nominee shall be then refiding in the kingdom of England, dominion of Wales, or town of Berwick upon Tweed) which certificate the said minister and churchwardens are hereby required to make without fee or reward; or otherwise it shall and may be lawful to and for every contributor, his or her executors, administrators and assigns, 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 faid payment shall become due, before any one or more justices of the peace of the respective county, riding, city, town, or place, wherein such person, at the time of making the said oath, shall refide; which oath he or they are hereby impowered to administer: and the said justice or justices shall make a certificate thereof, for which oath and certificate no fee or reward shall be received: and the said certificates shall be filed

in the faid office of the receipt of Exchequer: and if any person Penalty on pershall be guilty of a false oath, or forging any certificate, son guilty of a touching the premisses, and be thereof lawfully convicted, he or false oath or the shall incur the punishment to be inflicted upon persons who forging certificate, &c. commit wilful and corrupt perjury.

XXIV. And be it further enacted, That in cafe any nominee Certificate, for life or lives shall, at the time of fuch demand of any that nominee, quarterly payment, be resident in Scotland, or beyond the refident in seas, and any one or more of the barons of the Exchequer Scotland, or for the time being shall certify, that upon proof to him or beyond fea, is living, to 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 seem 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 said certificate being filed as aforesaid, shall be a sufficient warrant for the making of such quarterly payment to the respective contributor, his or her executors, administrators or assigns.

obliged

XXV. And be it further enacted by the authority aforesaid, perfonsreceiv That if any person or persons shall receive any one or more ing any quarquarterly payments, upon any of the said annuities purchased terly payment for one or more lives as aforesaid, for any time beyond the after the death death of his, her or of nominee, their nominee, when the fame ought all to cease, such person shall be obliged to repay the sum, so by to repay the him or her received, into the receipt of Exchequer; and if the fame. same were obtained, either by forging any certificate of the life of such nominee, or by bringing any one to the said receipt of Exchequer, to perfonate his or her appearance, every such person so fraudulently getting the faid money, and every person so produced as aforesaid, shall forfeit treble the sum Penalty on so received, to be recovered by action of debt, in any of her perfonsobtainMajesty's courts of record at Westminster, by any perfon ing the fame who shall fue for the fame; in which action no essoin, protection, privilege, or wager of law, or more than one imparlance shall be allowed: and moreover, the faid persons fo fraudulently getting the said money, and the persons produced as aforesaid, and all other partakers in fuch forgery or fraud, shall be further punished for the fame, according to the laws of this realm.

fraudulently.

XXVI. And be it further enacted, for the better encouraging All receipts persons to advance the faid several sums on this act, That and iffues in all receipts and issues, and all other things directed by this the Exchequer act to be performed in the Exchequer, shall 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 shall take or demand any fuch fee or reward, or shall divert officer taking or misapply any of the faid weekly sums to be paid into the fee, or misap receipt of the Exchequer, or any part of the monics which plying the should make good the payment of the faid annuities, or shall pay or issue out of the fame otherwise than according entries

to

weekly fums or not making 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 such officer shall forfeit his office, and be for the future incapable of any office or place of trust whatsoever, and shall answer and pay treble damages with costs of fuit to every contributor or person who shall be prejudiced thereby, to be recovered by action of debt, bill, plaint, or information, in any of her Majesty's courts of record at Westminster, wherein no essoin, protection, privilege of parliament, or other privilege, wager of law, injunction, or order of restraint, or more than one imparlance, shall be granted or allowed; and in the said action the plaintiff upon recovery shall have his full costs; one third part of which sum, so to be recovered for damages, have full costs. shall be to the use of her Majesty, her heirs and fuccessors; and the other two third parts, with the costs, shall be to the In case of faint use of the prosecutor: and in case there shall be any collusion profecution, or faint prosecution between the plaintiff and defendant in such contributor action, it shall be lawful for any other contributor, his or may bring an- her executors, administrators, or affigns, to bring another action, wherein he shall recover as aforesaid, to the uses aforesaid. Officermaking XXVII. Provided always, and be it enacted, That in payment on case any officer of the Exchequer shall make any quarterly certificate, hall not incur payment or payments upon such certificate as is before directed, any penalty,

Plaintiff on

recovery to

other action.

&c.

Contributors

death of nonrinees,

such officer shall not incur any penalty, forfeiture, or disability for doing thereof, although the faid certificate be forged or false, or the said nominee be dead, unless the said officer did know, at the time of such payment, that the faid nominee was dead, or that the said certificate was forged or false.

XXVIII. And be it further enacted, That every contributor

to certify the for life or lives, as aforesaid, his or her executors, administrators, or affigns, within one month after notice of the death of any his or their respective nominee or nominees, shall certify such 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 shall deliver, or cause to be delivered up, to the said auditor, their tallies, his or their talley and order, by which he or they were or was &c. in3months intitled, during the life of such nominee or nominees, to receive after decease. fuch annuity or annuities, in case such talley and order be

Penalty.

in his or their hands or power, and in default thereof, such contributor, his or her executors, administrators, and affigns, shall forfeit the fum of ten pounds, to be recovered by action of debt, as aforesaid, and to be had and received to the use of any perfon who shall sue for the same.

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 shall be fufficient, from annuities. time to time, to discharge the said annuities from and after

the

the said five and twentieth day of December, one thousand seven hundred and five, during the continuance of the said annuities respectively, and so much of the faid contributionmoney to be advanced on this act, as shall be fufficient to difcharge all the payments which shall or may grow due on the faid annuities, from the said twenty fifth th day of March, one thousand feven hundred and four, until and for the faid twenty fifth day of December, one thousand seven hundred and five inclusively, shall 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 use, intent, or purpose whatfoever, under such penalties, forfeitures, and disabilities, as are before mentioned.

XXX. Provided always, That no person or persons whatso- One third part ever shall or may purchase or obtain, or be admitted to purchase of the purchase or obtain, any annuity upon this act, for any term, estate, or money to be interest whatsoever, unless the whole, or one third part of the paid by : May confideration money for the fame, at such respective rate, as aforesaid, be advanced and paid into the said receipt of Exchequer, on or before the faid first day of May, in the year of our Lord one thousand seven hundred and four..

1704.

XXXI. Provided also, That in case any such contributor, Contributors as aforesaid, who shall on or before the faid first day of May, not paying the one thousand seven hundred and four, have advanced one third two other parts within part only of his or her purchase money, his or her executors, the times liadminiftrators, or assigns, 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 such respective annuity or annuities, as aforesaid, 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 said twenty ninth day of September, in the same year of our Lord one thousand seven hundred and four; then, and in every fuch case respectively, no order shall be drawn or figned for fuch respective annuity for which the confideration money shall not be fully paid, as aforesaid, but so much of the confideration money as thall have been actually paid into the Exchequer for such respective annuity, shall be forfeited and lost to her Maje- fuch mornies, fo sty, her heirs and successors, and be applied, together with paid in, to be other the monies to be raised by this act, for the purposes forfeited, &c. aforesaid; any thing in this act contained to the contrary notwithstanding.

XXXII. Provided always, and it is hereby enacted, That it Allowances to shall 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 said 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 respectively, in such proportions as to the lord treasurer, or commiffioners of the treasury for the time being,

shall

1

shall feem 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 aforesaid, 'That if so many contributions upon this act, be not made by for such annuities as aforesaid, shall not be made on or before May, 1704, the faid first day of May, one thousand seven hundred and four,

as raite 1,200,0001.

&c.

Queen, &c. may borrow so

much as will, make up the 1,200,000. &c.

as shall be fufficient (together with the several parts or proportions of the purchase money then remaining to be paid at or before fuch several days or times, as aforesaid) to raise the said whole fum of one million and two hundred thousand pounds, over and above the money necessary to discharge such annuities as shall be purchased, until the faid five and twentieth day of December, one thousand seven hundred and five inclusively, as aforesaid; then immediately from and after the faid first day of May, one thousand seven hundred and four, it shall and may be lawful to and for her Majesty, her heirs or successors, or her or their officers in the receipt of Exchequer, by command or appointment of her Majesty, her heirs or successors, to borrow and take into the said 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 same) for the service of carrying on the faid war, and other her necessary 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 aforesaid, for the faid annuities, shall not exceed in the whole the faid sum of one million and two hundred thousand pounds, befides so much as shall be necessary to difcharge the purchased annuities, until and for the faid five and twentieth day of December, one thousand seven hundred and five, as aforesaid; which loans shall be registred and repaid in course, according to the dates of the tallies, and interest shall be

Interest allow- allowed for the faid loans after the rate of fix pounds per centum per annum, and payable quarterly; and the principal and inter-' est of the faid loans shall be charged upon, and payable out of, all the monies, which shall arife by the faid weekly payments, over and above so 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 those claiming under them, and over and above so much as shall be sufficient to fatisfy so many annuities as shall have been actually purchased upon this act: and that tallies of loan shall be levied for the monies fo lent, and orders thall be drawn and signed for repayment of the same, with such interest as aforesaid, according to the course of the Exchequer; and that fuch orders, or any part thereof, shall be affignable, such affignments being first entred in the office of the auditor of the faid receipt; and that no monies so to be lent shall be chargeable with any taxes, rates, or impofitions; Monies so 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 so much as will be sufficient to fatisfy the faid annual payments, after the rate of three