appropriated thereunto, and fhall not be diverted or divertible to any other ufe, intent, or purpose whatsoever, under the penalties, forfeitures, and difabilities in this act expreffed; and all the monies arifing by the faid half fubfidies, duties, and provifions hereby made, out of which the said annuities to be purchafed upon this act are to be fatisfied, fhall be fairly and duly entred in one or more book or books to be kept in the offices To be entred of the auditor of the receipt, and clerk of the pells for that in a book, &c. purpose, to which all perfons concerned at all feasonable times fhall have free accefs, without fee or charge.

VII. And to the end all the monies by this act appropriated Commiffioners for payment of the annuities to be purchased on this act, may and other ofbe duly and certainly raised and brought into the receipt of the ficers, &c. to be appointed. Exchequer for that purpose, it is hereby further enacted, That from time to time, during the continuance of this act, there fhall be continued or appointed commiffioners, and a receiver or receivers general, as alfo comptrollers, collectors, and other proper officers for raifing the feveral half fubfidies and duties by this act intended for the payment of the annuities to be purchased thereupon, and for keeping the accounts of the fame; and that all commiflioners, receivers general, comptrollers, collectors, and other officers, who are or shall be concerned in the managing, raifing, levying, receiving, collecting, or paying the fame, or in keeping the accounts thereof, thall perform their several and respective duties therein, as to them refpectively fhall Who fhall be appertain, under fuch and the like penalties, forfeitures, and fubject to the difabilities, for any offence or neglect therein, or for detaining penalties, &c. in 9 & 10 W. diverting, or mifapplying any part of the faid monies, as are prescribed and to be inflicted by virtue of an act of parliament made and paffed in the ninth year of the reign of his late majefty King William the Third, of glorious memory (intituled, An act for raifing a fum not exceeding two millions, upon a fund for payment of annuities, after the rate of eight pounds per centum per annum, and for fettling the trade to the Eaft Indies) for the like offence or neglect in relation to the duties upon falt, and other duties upon ftampt vellum, parchment, and paper thereby granted, or for detaining, diverting, or mifapplying any part of the monies which were granted by the act laft-mentioned.

3. C. 44.

annuities at

VIII. And for the raifing any fum or fums of money, not Any perfons exceeding in the whole the faid fum of one million and two hun- may lend dred and eighty thousand pounds, for fuch uses as aforefaid, 1,280,000 1. it is hereby further enacted by the authority aforefaid, That for purchafing it fhall and may be lawful to and for any perfon or perfons, 16 years purnatives or foreigners, bodies politick or corporate, to contribute, chase. advance, and pay into the receipt of her Majefty's Exchequer for her Majefty's ufe, at or before the respective days and times in this act limited in that behalf, any fum or fums of money, not exceeding in the whole the faid fum of one million two hundred and eighty thousand pounds, for purchafing any annuity or annuities to be paid and payable during the full term of ninety nine years, to be reckoned from the four and twentieth day of

Y 2

June,

ment.

June, in the year of our Lord one thousand feven hundred and eight, at the rate of fixteen years purchase, which rate doth amount to the fum of one hundred and fixty pounds for every fuch annuity of ten pounds per annum, and proportionably for Times of pay- any greater annuity; and the fame rate, or confideration-money, is hereby appointed to be paid into the faid receipt, at or before the refpective days or times herein after mentioned; that is to fay, one fourth part thereof on or before the twentieth day of April, in the year of our Lord one thousand seven hundred and eight; one other fourth part thereof on or before the two and twentieth day of June, in the year of our Lord one thousand feven hundred and eight; one other fourth part thereof on or before the twentieth day of August in the year of our Lord one thousand seven hundred and eight; and the remaining fourth part thereof on or before the twentieth day of October, in the year of our Lord one thousand seven hundred and eight: all which annuities fo to be purchased, shall not exceed in the whole the fum of eighty thousand pounds per annum, and shall be paid and payable at the four moft ufual feafts or days of payment in the year; that is to say, the feast of St. Michael the archangel, the birth of our Lord Chrift, the annunciation of the bleffed virgin Mary, and the nativity of Saint John Baptift, by even and equal portions; the firft payment thereof to be due at the feaft of St. Michael the archangel, which fhall be in the year of our Lord one thousand seven hundred and eight.

Annuities not

to exceed 80,000l. per

annum, and to be paid quarterly. In part fubfcribed into South Sea

ftock pursuant to 6 Geo. 1.

C. 4.

Contributors names to be entred, &c.

Annuities

charged upon

the half fubfidy, &c.

IX. And it is hereby enacted, That in the offices of the auditor of the receipt, and clerk of the pells in the Exchequer feverally, there fhall be provided and kept a book or books, in which there shall be fairly entred the names of all who shall be contributors, and of all perfons by whofe hands the faid contributors fhall pay in any of the faid fums upon this act, and alfo the fum fo paid: to which book it fhall be lawful for the faid refpective contributors, their executors, adminiftrators, and affigns, from time to time, and at all seasonable times, to have refort, and to infpect the fame without fee or reward.

X. And be it further enacted by the authority aforefaid, That all and every the annuities whatfoever, which fhall be purchased upon or in pursuance of this prefent act, fhall be and are hereby charged upon, and fhall be paid and payable from time to time in the first place, and with preference to all other payments whatfoever, out of the monies arifing from time to time, of or for the faid half fubfidies, and other duties appointed to be brought in weekly for that purpose, as aforefaid, and out of the faid fum of the contribution-money hereby appointed to be referved, as aforefaid; and fo much of the faid half fubfidies, duties, and referved monies fo appointed, as fhall be fufficient to fatisfy and discharge all the annuities to be purchased on this act, and all the arrearages thereof, at any time due or owing, are and fhall be, by virtue of this act, appropriated and applied to and for fatisfying and discharging of the fame annuities, and fuch ar

rearages

rearages thereof accordingly, and fhall be iffued, difpofed, and applied to that ufe, and to no other ufe, intent, or purpose whatfoever, under the penalties, forfeitures, and disabilities in this act expreffed; any thing herein contained, or other matter or thing whatfoever, to the contrary notwithstanding.

XI. Provided always, and it is hereby enacted by the autho- Surplus to be rity aforefaid, That if at the end of any quarter of a year of the applied to term for which the annuities upon this act are to be purchased, Farther propublick use. the monies arifing at the Exchequer of or for the faid half fub- vifions relating fidies and duties by this act appropriated (the contribution-mo- hereto. ney to be referved, as aforefaid, being excepted) fhall exceed all 7 Annæ, c. 7. .. 32. the monies then due for or upon the fame annuities, and all arrearages thereof, then or at any time or times before that time incurred, fo that there fhall be an excefs or furplus remaining in the Exchequer, fuch excefs or furplus fhall be difpofable from time to time for the publick ufe and fervice, and not otherwife; any thing herein contained to the contrary notwithstanding.

XII. And be it further enacted by the authority aforefaid, Contributors That all and every contributor and contributors upon this act, entitled to the duly paying the confideration or purchase-money at the rate a- annuities, &c. forefaid, at or before the refpective days or times in this act limited in that behalf, for any fuch annuity or annuities as aforefaid, or fuch as he, she, or they fhall appoint, his, her, or their respective executors, adminiftrators, fucceffors, and affigns, fhall have, receive, and enjoy, and be entitled by virtue of this act, to have, receive, and enjoy the refpective annuity and annuities fo to be purchased out of the monies by this act appropriated or appointed for the payment thereof, during the faid whole term of ninety nine years, to be purchased therein, as is above-mentioned; and that all and every fuch purchasers, their executors, adminiftrators, and affigns refpectively, fhall have good and fure eftates and interefts in the feveral annuities fo by them to be purchafed according to the tenor and true meaning of this act; and that all the faid annuities to be purchased on this act, and every of them, during the term aforefaid, fhall be free from all taxes, charges, and impofitions whatsoever.

Tax-free.

&c.

XIII. And be it further enacted by the authority aforefaid, And to have That every contributor upon this act for any annuity or annui- tallies and ties as aforefaid, his, her, or their executors, adminiftrators, or orders ftruck. affigns, upon payment of the confideration or purchase-money for the fame, at the rate aforefaid, or any part or proportion thereof, within the time or times in this act limited in that behalf, thall immediately have one or more tally or tallies levied, importing the receipt of fo much confideration-money as fhall be fo paid; and upon payment of all the purchase money for any fuch annuity or annuities, at the rate aforefaid, every fuch contributor, his, her, or their executors, administrators, fucceffors, or affigns refpectively, fhall have an order for paying of the faid annuity and annuities, for and during the faid term of ninety nine years, to be purchafed therein; which order fhall be figned by the treasurer and under treasurer of the Exchequer,

5 per cent. for

ment before 20 April,1708.

or any three or more of the commiffioners of the treasury for the time being; and after the figning thereof, the fame fhall be good, valid, and effectual in the law, according to the purport and true meaning thereof, and of this act, and fhall not be determinable by or upon the deaths or removal of any treasurer or under treasurer of the Exchequer, or any commiffioner or commiffioners of the treafury, or by or upon the determination of the power, office, or offices of them or any of them; nor shall any lord high treasurer of Great Britain, treasurer of the Exchequer, or any commiffioners of the treasury now or for the time being, have power to revoke, countermand, or make void fuch orders fo figned as aforefaid, or any of them.

XIV. And for the encouragement of the contributors to adprompt pay-vance and pay forthwith into the receipt of the Exchequer the fums by them intended to be advanced upon this act, it is provided and enacted by the authority aforefaid, That every fuch contributor who shall advance and pay into the faid receipt of Exchequer, all or any part of the purchase-money payable for any fuch annuity or annuities as aforefaid, before the faid twentieth day of April, in the year of our Lord one thousand seven hundred and eight, his, her, or their executors, adminiftrators, or affigns, fhall be allowed and paid out of the contributionmoney arifing by this act, intereft after the rate of five pounds per centum per annum for the prompt payment of the money fo advanced, from the time of the actual advancing and paying the fame, until the faid twentieth day of April, one thousand seven hundred and eight.

Annuities affignable, &c.

XV. And be it further enacted, That it fhall and may be lawful to and for any contributor or contributors, his, her, or their executors, adminiftrators, fucceffors, or affigns, at any time or times, during the continuance of his, her, or their term, eftate, or intereft of and in any annuity to be purchased upon this act, by any writing under his, her, or their hands and feals, or under the common feal of a corporation, or by his, her, or their laft will in writing, to affign or devise such annuity, or any part thereof, or any intereft therein, to any perfon or perfons whatsoever, and fo toties quoties, and no fuch affignment to be revocable, fo as an entry or memorandum of fuch affignment or will be made in books to be kept for that purpose in the faid office of the auditor of the receipt, within the fpace of three months after fuch affignment, or death of the devifor; and that upon producing fuch affignment, or will, or probate thereof, in the faid office of receipt, to be entred as aforefaid, the party fo producing the fame fhall bring therewith an affidavit taken before one or more of her Majefty's juftices of the peace, of the due execution of the faid affignment or will, which affidavit fhall be feverally filed in the faid office; which faid entry or memorandum the proper officers in the faid receipt of 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

the intereft of such contributor fhall go to his or her executors

or administrators.

nefit of infant.

XVI. And it is hereby enacted, That it fhall and may be Guardians lawful for any guardian or trustee, having the difpofal of the may advance money of any infant under the age of one and twenty years, for 1601. for bethe ufe and benefit of such infant, to advance and pay the fum of one hundred and fixty pounds of the money of fuch infant, to purchase an annuity upon this act, for the benefit of fuch infant, and the faid guardian or truftee, as to the faid fum of one hundred and fixty pounds fo advanced, is hereby discharged.

&c.

XVII. And be it further enacted, for the better encourage- Officers of the ment of perfons to advance the monies on this act, That all Exchequer to receipts and iffues, and all other things directed by this act to take no fee, be performed in the Exchequer, fhall be done and performed by the officers there, without demanding or receiving, directly or indirectly, any fee, gratuity or reward for the fame; and in cafe any of the officers of the Exchequer shall take or demand any fuch fee or reward, or (hall divert or mifapply any of the monies of the faid half fubfidies, and other duties or monies hereby appropriated, or any part thereof, which should make good the payment of the faid annuities, or fhall pay or iffue out the fame otherwise than according to the intent of this act, or shall not keep books or 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 ever uncap- Penalty. able of any office or place of truft, and fhall answer and pay treble damages to every contributor or person 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, order of restraint, or more than one imparlance fhall be granted or allowed; and in the faid action the plaintiff upon recovery shall have full costs; one third of which fum to be recovered for damages fhall be to the use of her Majesty, her heirs and fucceffors, and the other two third parts, with the cofts, fhall be to the use of the profecutor; and in cafe there fhall be any collufion or feint profecution between the plaintiff and defendant in fuch action, it shall be lawful for any other contributor, his or her executors, administrators, or affigns, to bring another action, wherein he or fhe shall recover as aforefaid, to the like uses as aforefaid.

XVIII. Provided always, That no perfon or perfons what- No purchase foever fhall or may purchase or obtain, or be admitted to purchafe or obtain any annuity whatsoever upon his act, unlefs the fourth be paid by 20 April, whole, or one fourth part at leaft of the confideration money 1208. for the fame, at fuch rate as aforefaid, be advanced and paid into the faid receipt of Exchequer on or before the faid twentieth day of April, one thousand feven hundred and eight.

XIX. Provided alfo, That in cafe any such contributor as a- Contributor forefaid, who fhall on or before the faid twentieth day of April, paying one one thousand seven hundred and eight, have advanced one fourth fourth part, part

Y 4

and not the