Page:Ruffhead - The Statutes at Large - vol 4.djvu/187

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A.D. 1703. Anno fecundo 6c tertio Ann.e ReglnJGr C. j. 135 XX. Arid be it further enadled, That it fliaH and may hs lawful to and for any Contributor, his or Annuities may ie her Executors, Adiiiiniftrators, or Affigns, at any Time or Times, during the Continuaiice of his cr hi-r a.ii°ocd ui de- Ter;r, Eftatc, or Intereil, of and in any Annuity to be purchafed upon this A6t, by any V/riting under "^• Hand and Seal, or by his or her laft Will in V/riting, to afiign or devife fuch Annuity and Annuities, or any Part thereof, or any Interefl: therein, to any Perlbn or Pcrfons whaifoever, and fo totit^s c:{oiies ; and no fuch Afllgnmcnt to be revokable, fo as an Entry or Memorandum of fuch AiTignment or IVill be E^"fn tf""reof te made in Books to be kept for that Purpofe in the faid Office of the Auditor of the Receipt, within the ^^'"J'^'^'"' •'^'" Space of two Months after fuch AiTignnient or Death of the Devilbr, and that upon the producing fuch "' Alfignment, or Will, or Probate thereof, in the laid Office of Receipt, to be entred as aforefaid, the Party fo producing the fame, fhall bring t'lerewith an Affidavit, taken before fome Perfon authorized to take Affidavits in Caufes depexiding in any the Courts at //-^^m/w/iVr, of the due Execution of the faid Affidavits to be Affignment or Will, which Affidavits fhall be itverally filed in the faid Office ; which faid Entry oi ^'«^<'- Memorandum the faid Officers in the faid Receipt of the Exchequer are hereby required to make ac- ^"'^'^'"="'=°f-^ cordingly, and to file the faid Affidavits, and in Default of fuch Affignment or Devife, bv Deed or Will, i„^("'^/ftofeo"n. the Interefl of fuch Contributor (not being fuch as is to determine by his or her Death) fhall go to his trihutorr togo'a or her Executors or Adminiflrators. h;sExecutors,&c, XXI- And it is hereby enaiSled, That every Eftate of and in any Annuity to be purchafed upon Annuities to be this Aft, fliall be deemed a perfonal Eftate, and (if the fame be not fuch Annuity as is to depend dcem-d a Penb- upon the Contributor's own Life) fliall go to his Executors and Adminiftrators, and not be defcendable "3' Eft-te, a:c. to the Heir. XXII. And be it further enafted, That it fhall and may be lawful for any Guardian or Truflee, ha- ^""""^nsto In- ■ving the Difpofal of the Money of any Infant under the Age of one and twenty Years, for the Ufe or Be- ,^„"p"^ ^'^ nefit of fuch Infant, to advance and pay the Sum of one hundred and fifty Pounds of the Money of topu'rcliaieVn fuch Infant, to purchafe any Annuity upon this A£l for the Benefit of fuch Infant ; and the faid Annuity, &c. Guardian and Truflee, as to the faid Sum of one hundred and fifty Pounds fo advanced, is hereby and be difcharg.- difcharged, '■* ^"^° """^^•- XXIII. And to the Intent and Purpofe that all Deceits in receiving any Payment upon any of the faid Annuities to be purchafed for Life or Lives as afcrefaid, maybe prevented; Be it enabled by the r°'^uce a'c" t'ff- authority aforefaid. That every Contributor for any of the faid Annuities for Life or Lives, his or her cateoftheL[feof Executors, Adminiftrators or Affigns, upon his or her dem.anding of any quarterly Payment, upon fuch Nominee, &c. his or her Annuity (unlefs the Nom.inee appear in Perfon at the faid Receipt) fhall produce a Certificate figped by the of the Life of his or her refpeftive Nom.inee, figned by the Minifter and Churchwardens of the Parifli ^'"'Z*" *"^ . where fuch Nominee fhall be then living, upon the Day when the faid quarterly Payment fhall be- "" "" '"^' com^e due (if fuch Nominee fhall be then refiding in the Kingdom of i?«^/.7B(i, Dominion oiWahs^ ° without Fee • Tovjwoi Berwick Vi;iQVL Tweed) which Certificate the faid Miniflrer and Churchwardens, are hereby re-otherwife to' tjuired to make without Fee or Reward ; or otherwife it fhall and may be lawful to and for every Contri-make Oath of butor, his or her Executors, Axdminiflrators and Affigns, at his, her or their Eleftion, to make Oath of N<'n"'inee'iLife,. the Truth of his, her or their refpeftive Nominee's Life, upon the Day v/hen the faid Payment fhall' be- come due, before any one or more Juflrices of the Peace of the refpeftive County, Riding, City, Town, ». -. or Place, wherin fuch Perfon, at the Time of making the faid Oath, fhall refide ; which Oath he or they a certificatl are hereby impov/ered to adminiftcr: And the faid Juflice or Juftices fliall make a Certificate thereof, for thereof, &c. which Oath and Certificate no Fee or Reward fhall bs received ; and the faid Certificates fhall be filed Penalty on Per- in the faid Office of the Receipt of Exchequer : And if any Perfon fhall be guilty of a falfe Oath, or ^°" S"y °f » forging any Certificate, touching the Premiffes, and be thereof lawfully conviiSed, he or flie fhall incur ^^^^j^^^^^°[g_ the Punifliment to be inflicled upon Perfons who com.mit wilful and corrupt Perjury. cate, s.-c. XXIV. And be it farther enafted, That in cafe any Nominee for Life or Lives fhall, at th.fi Time of fuch demand of any quarterly Payment, be Refident in Scotland, or beyond the Seas, and any one or Certificate that more of the Barons of the Exchequer for the Time being fhall certify, that upon Proof to him or them Nominee, Refi- made (which Proof he and they is and are hereby authorized and required to take in a fummary i^^f ^ Scotiarrd, Way) it doth feem probable to him or them that the faid Nominee is living (which Certificate '^ "j^^l'n^""^ befuf! to be given, and Examination made, without Fee or Reward) the faid Certificate being filed as aforefaid, dcient forrna- " fhall be a fufficient Warrant for the making of fuch quarterly Payment to the refpedlive Contributor, his king Payment. or her Executors, Adminiftrators or Affigns. XXV._ KnA be it further' ena£l:ed by the Authority aforefaid. That if any Perfon or Perfons fhall re- Pctfons receiving. I mal: tlcate the Exchequer ; and if the fame were obtained,, either by forging any Certificate of the Life of fuch No- obliged to rcpay minee, or by bringing any one to the faid Receipt of Exchequer, to perfonate his or her Appearance, every the lame, fuch Perfon fo fraudulently getting the faid Money, and every Perfon fo produced as aforefaid, fliall for- other Partakers in fuch Forgery or Fraud,_ fhalL be, further punifhed for the fame, according to the Laws ef this Realm.. v ■ ' ■ - - XXVL And^