Three lives, &c. tors, and affigns, from and immediately after the determination of every fuch eftate for two lives (which are to be named in every talley for fuch purchase-money, and in the order thereupon) and to continue from thenceforth, for and during all the reft and refidue, which fhall be then to come and unexpired, of and in the faid term of ninety nine years, to be reckoned from the faid five and twentieth day of March, one thousand seven hundred and four: and in every or any cafe where any annuity was purchased upon the faid former act for three lives ftill in being, and the present owner thereof shall have made no further payment for a future interest or a certain term therein, according to this act, any perfon or perfons, as aforefaid, may contribute and pay the confideration-money, after the rate of three years purchase, for fuch or the like annuity to be paid and payable to him, her, or them, his, her, or their executors, adminiftrators, and affigns, from and after the determination of every fuch eftate for three lives (which are to be named in every talley for fuch purchase-money, and in the order thereupon) and to continue from thenceforth, for and during all the reft and refidue, which fhall be then to come and unexpired, of and in the faid term of ninety nine years, to be reckoned from the faid five and twentieth day of March, one thousand seven hundred and four. And it is hereby declared and appointed, Confideration. That all the confideration-monies to be paid by the faid permoney to be fons, who may purchase in default of those who have the present paid into the eftates for life and lives, as aforefaid, fhall be paid in the faid reExchequer. ì. ment. ceipt of Exchequer for your Majesty's ufe, after the said last day of March, one thousand feven hundred and five, and at or before the respective days and times herein after limited (that is to say) Times of pay- one third part thereof on or before the first day of May, in the year of our Lord one thousand seven hundred and five; one other third part thereof on or before the four and twentieth day of June, one thoufand feven hundred and five; and the remaining third part thereof on or before the nine and twentieth day of September, one thousand feven hundred and five; and the when payable. faid annuities fo to be purchased by any perfons (in default of thofe who have the prefent eftates for life or lives, as aforefaid) fhall also be paid and payable, at the four most usual feasts in the year before-mentioned, by even and equal portions; the first payment thereof to begin, and to be made at fuch of the faid feafts, as fhall next happen after the refpective times, from which fuch annuities are to commence or take effect, as aforefaid. Annuities Contributors names to be entred in the auditor and clerk of the V. And it is hereby enacted, That in the offices of the auditor of the receipt, and clerk of the pells in the Exchequer, offices of the feverally there fhall be provided and kept a book or books, in which fhall be fairly entred the names of all who shall be contributors, and of all perfons by whofe hands the said contributors fhall pay in any of the faid fums upon this act, and also the feveral fums fo paid, and the time when the fame are refpectively paid; to which book it shall be lawful for the refpec pells. tive contributors, their executors, administrators, and affigns, Books to be from time to time, and at all feasonable times, to have refort, infpected and to infpect the fame without fee or reward. without fee. VI. And be it further enacted by the authority aforefaid, All annuities, That all and every the annuities whatsoever, which fhall be &c. to be paid any way purchased upon, or in pursuance of, this prefent act, out of the fhall be and are hereby charged upon, and fhall be paid and weekly paypayable out of, the overplus of the monies arifing from time ments, &c. to time by the weekly payments of excife money afore-mentioned (that is to fay) the money which shall remain, from time to time, over and above fo much as fhall be sufficient to pay and fatisfy the monies, which shall from time to time be incurred and grown due, as well for and upon the said annual fums, after the rate of three pounds per centum per annum, as for and upon all the faid annuities for lives or years, purchased upon the faid act of the fecond year of your Majesty's reign; and fo much of the faid overplus monies, as are and fhall be overplus to fufficient to fatisfy and difcharge all the annuities to be pur- discharge the chafed upon this act, according to the purport and true mean- annuities, and ing of the fame, are and fhall be appropriated and applied to applied to no and for the fatisfying and discharging of the fame accordingly, and fhall be iffued, difpofed, or applied to that use, and to no other use, intent, or purpose whatsoever. VII. And be it further enacted by the authority aforefaid, Contributors That all and every contributor and contributors upon this act, paying the duly paying the confideration of purchase-money after the purchase-morefpective rates aforefaid, at or before the respective days and hey, thall entimes in this act limited in that behalf, for any annuity or an- ties fo purjoy the annuinuities whatsoever, allowed to be purchased by this act, ac- chafed, cording to the true meaning of the fame act, or fuch as he, fhe, or they, shall appoint, his, her, or their respective executors, adminiftrators, and affigns, fhall have, receive, and enjoy, and be intitled, by virtue of this act, to have, receive, and enjoy the refpective annuity and annuities fo to be purchased, out of the overplus monies arifing and to arife, as aforesaid, from the respective times on which fuch annuities are refpectively to commence, for and during fuch refpective term of years, or remaining term of years, as are above-mentioned; and that all and have fure and every fuch purchafers, their executors, administrators, and estates therein, affigns refpectively, fhall have good and fure eftates and interests in the feveral annuities fo by them to be purchased, according to VIII. And be it further enacted by the authority aforefaid, and have talThat every contributor upon any part of this act for any of the lies for the annuities aforefaid, his, her, or their executors, adminiftrators, fame, or affigns, upon payment of the confideration or purchasemoney for the fame, at the respective rate in this act before appointed, or any part or proportion thereof, within the time or F 3 times payment. times by this act limited in that behalf, fhall immediately have one or more talley or tallies levied, importing the receipt of fo much confideration-money as fhall be fo paid, for or in part of the faid respective fums to be raised, as aforefaid, and according to the nature of his, her, or their payments respectively; and upon payment of all the purchase-money for any fuch annuity or annuities, as aforefaid, at the rate by this act appointed, every fuch contributor respectively, his or her refpecand orders for tive executors, adminiftrators, or affigns, fhall have an order for payment of fuch annuity and annuities, for and during such refpective term, eftate, or intereft, as he, she, or they fhall or ought to have therein, as aforefaid; which order fhall be figned by the treasurer and under treasurer of the Exchequer, or any three or more of the commiffioners of the treasury for the time being; and, after the figning thereof, the same shall be firm, 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 treasury, 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 England, treasurer of the Exchequer, or any commiffioners of the treafury, now, or for the time being, have power to revoke, countermand, or make void fuch orders, fo figned as aforefaid, or any of them. No lord treafurer, &c. to revoke the fame. 51. per cent. for prompt payment. Contributors, &c. may af fign or devife annuities and IX. And for the encouragement of the contributors to advance and pay forthwith, into the receipt of Exchequer, the fums intended by them to be advanced upon any of the terms aforefaid, it is provided and enacted by the authority aforefaid, That every fuch contributor, who being to pay his or her purchase-money, or any part thereof, on or before the faid laft day of March, one thousand feven hundred and five, fhall pay the fame, or any part thereof, fooner than the faid laft day of March, fhall be paid out of the contribution-money arifing by this act, after the rate of five pounds per centum per annum, for prompt payment of the money fo advanced, from the time of actual paying the fame, until the said last day of March, one thousand feven hundred and five; and every contributor on this act, who being to pay his or her purchase-money, or any part thereof, on or before the faid first day of May, one thousand feven hundred and five,' fhall pay the fame, or any part thereof, fooner than the faid first day of May, fhall be paid out of the said contribution-money the like rate of five pounds per centum per annum, for fuch prompt payment of the money fo advanced from the time of actual paying the fame, until the said first day of May, one thousand seven hundred and five. X. And be it further enacted, That it fhall and may be lawful to and for any contributor, his or her executors, adminiftrators, or affigns, at any time or times, having any prefent or future term, eftate, or intereft, or any prefent eftate to take effect ties. effect in futuro, of and in any annuity to be purchased upon fo loties quothis act, or of or in any part of fuch annuity, by any writing under hand and feal, or by his or her laft will in writing, to affign or devife fuch annuity and annuities, or any part thereof, or any intereft therein, to any perfon or persons whatsoever, and fo toties quoties, and no fuch affignment to be revokable; davit. fo as an entry or memorandum of fuch affignment or will be Entry of fuch made in books to be kept for that purpose in the faid office of affignments, the auditor of the receipt, within the space of two months after &c. to be fuch affignment, or death of the devifor; and that upon the made on affiproducing fuch affignment, or will, or probate thereof, in the Affidavits to faid office of receipt, to be entred as aforefaid, the party fo pro- be filed. ducing the fame, fhall-bring therewith an affidavit, taken be- In default of fore fome perfon authorized to take affidavits in caufes depend- affignment or ing in any of the courts at Westminster, of the due execution intereft of of the faid affignment or will, which affidavits shall be severally contributor to filed in the faid office; which faid entry or memorandum the go to his exeproper officers, in the faid receipt of the Exchequer, are hereby cutors, &c. required to make accordingly, and to file the faid affidavits; and in default of fuch affignment or devife, by deed or will, the interest of such contributor shall go to his or her executors or administrators. devife, &c. benefit of infant to pur XI. And be it further enacted, That it fhall and may be Guardians lawful for any guardian or truftee, having the difpofal of the may advance money of any infant under the age of one and twenty years, 150l. for the for the use and benefit of fuch infant, to advance and pay the fum of one hundred and fifty pounds, of the money of fuch chafe any aninfant, to purchase any annuity upon this act for the benefit of nuity on this fuch infant; and the faid guardian and trustee, as to the faid act. fum of one hundred and fifty pounds fo advanced, is hereby discharged. the Exche XII. And be it further enacted, for the better encouraging All receipts perfons to advance the faid feveral fums on this act, That all and iffues in receipts and iffues, and all other things directed by this act to be performed in the Exchequer, fhall be done and performed done without quer to be by the officers there, without demanding or receiving, directly fee. 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 fhall divert or misapply any of the faid weekly fums to be paid into the receipt of Exchequer, or any part of the monies which fhould make good the payment of the faid annuities, or fhall pay or iffue out of the fame, otherwife than according 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 fuch officer fhall forfeit his office, and Penalty, be for the future uncapable of any office or place of truft, and fhall answer and pay treble damages, with cofts of fuit, to every contributor or perfon 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 Plaintiff on recovery to have full cofts. no effoin, protection, privilege of parliament, or other privilege, wager of law, injunction, or order of reftraint, or more than one imparlance, shall be granted or allowed; and in the faid action the plaintiff upon recovery shall have his full costs, one third part of which fum, fo to be recovered for damages, fhall In cafe of faint be to the ufe of your Majefty, your heirs and fucceffors; and profecution, the other two third parts, with the costs, shall be to the use of any other contributor, the profecutor: and in cafe there fhall be any collufion or &c. may faint profecution between the plaintiff and defendant in fuch action, it fhall be lawful for any other contributor, his or her executors, adminiftrators or affigns, to bring another action, wherein he shall recover as aforesaid, to the like uses as aforefaid. bring another action. None to pur chafe any an nuity, unless one third part of the purchase-money be paid in by the laft of March, 3905. or unless one third be paid in by the first of May, 1705. Contributors advancing one third part, and not paying the two other parts of the money within the times limited, XIII. Provided always, That no perfon or persons whatsoever fhall or may purchase or obtain any annuity upon this act, for which the purchase-money, or any part thereof, is hereby appointed to be paid on or before the said laft day of March, one thousand feven hundred and five, unless the whole, or one third part of the confideration-money for the fame, at fuch respective rates as aforefaid, be advanced and paid into the faid receipt of Exchequer on or before the faid laft day of March, in the year of our Lord one thousand feven hundred and five; and that no perfon or perfons whatfoever fhall or may purchase or obtain, or be admitted to purchase or obtain, any annuity upon this act, for which the purchase-money, or any part thereof, is hereby appointed to be paid on or before the faid first day of May, one thoufand feven hundred and five, unless the whole, or one third part of the confideration-money for the fame, at fuch refpective rate, as aforefaid, be advanced and paid into the faid receipt of Exchequer on or before the said first day of May, one thousand seven hundred and five. XIV. Provided alfo, That in cafe any fuch contributor, as aforefaid, who fhall, on or before the respective days by this act appointed for his or her first payment, have advanced one third part only of his or her purchase-money, his or her executors, adminiftrators, or affigns do not advance and pay, into the receipt of Exchequer, one other third part of his or her confideration confideration-money fo to be paid for fuch refpective annuity or annuities, as aforefaid, on or before the said four and twentieth day of June, one thousand seven hundred and five; and the remaining third part thereof on or before the faid nine and twentieth day of September, one thousand feven hundred and five; then, and in every fuch case respectively, no order shall be drawn or figned for fuch respective annuity, for which the confideration-money fhall not be fully paid, as aforefaid; but fo much of the confideration-money, as fhall have been actually paid into the Exchequer for fuch respective annuity, fhall be forfeited and loft to your Majefty, your heirs and fucceffors, fo paid in, to and be applied, together with other the monies to be raised by be forteited, this act, for the purposes aforefaid; any thing in this act contained to the contrary notwithstanding, fuch money, &c. XV, Pro |