each person's then such deputy or clerk only shall be liable to such action, due place and debt, damages, and costs, and shall be for ever after incapable order,

What shall not

of his place or office; and in cafe the auditor of the receipt shall not direct, or the clerk of the pells record, or the teller make payment, according to each person's due place and order, as afore directed, then he or they shall be adjudged to forfeit, and the respective deputies and clerks herein offending to be liable to such action, debt, damages, and costs, in such manner, as aforesaid: all which said penalties, forfeitures, damages, and costs, to be incurred by any of the officers of the Exchequer, or any their deputies or clerks, shall and may 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, wager of law, injunction, or order of restraint, shall be in any wife granted or allowed.

XVII. Provided always, and be it hereby declared, That be accounted if it happen that several tallies of loan or orders for payment, undue prefe- as aforesaid, bear date or be brought the fame day to the auditor of the receipt to be registred, then it shall be interpreted no undue preference, which of those be entred first, so as he enters them all the fame day.

rence.

XVIII. Provided also, That it shall not be interpreted any undue preference to incur any penalty in point of payment, if the auditor direct, and the clerk of the pells record, and the tellers do pay subsequent orders of persons that come and demand their monies and bring their orders, before other persons that did not come to take their monies, and bring their orders, in their course, so as there be so much money reserved, as will fatisfy precedent orders, which shall not be otherwise disposed, but kept for them; interest upon loan being to cease from the time the money is so referved, and kept in bank for them.

Orders affign- XIX. And be it further enacted, That all and every perfon able. and persons, to whom any money shall be due for loans, by virtue of this or the faid former act, after order entered in the book of register, for either of the said acts, as aforesaid, his or their executors, administrators, or assigns, by indorsement of his order, may affign or transfer his right, title, interest, and benefit of fuch order, or any part thereof, to any other; which being notified in the office of the auditor of the receipt aforesaid, and an entry or memorial thereof also made in the proper book of registry aforesaid for orders, which the officers shall upon request, without fee or charge, accordingly make, shall intitle such affignee, his executors, administrators, successors, and afsigns, to the benefit thereof, and payment thereon: and such affignee may in like manner assign again, and so toties quoties; and afterwards it shall not be in the power of such person or perfons, who have or hath made such assignments, to make void, release, or discharge the fame, or any the monies thereby due, or any part thereof.

Claufe of ap

XX. And be it further enacted by the authority aforesaid, propriation, That all the monies which shall be lent to her Majesty, on the

credit of the faid subsidy and additional duty by this act granted, and all the monies which are or shall be lent, contributed, or advanced to her Majesty, upon every or any other act or acts. of this session of parliament, for granting any aid or supply to her Majesty, for carrying on the present war, and other her Majesty's necessary or important occasions, and so much of the several taxes and duties by this and the said other acts, or any of them granted, as shall remain (over and above such charges as are to be allowed for the raising of the faid taxes and duties respectively, and over and above the monies thereof, which are in the first place to go and be applied in repayment and fatisfaction of all the loans made or to be made thereupon, or upon any of them, and the interest thereof respectively) shall be appropriated, issued, and applied, and the fame are hereby appropriated for or towards the several uses and purposes herein after expressed; that is to say, for or towards the defraying the charge of the ordinary of her Majesty's navy, and other services of the navy, and the victualling thereof, and the fea service in the office of the ordinance, performed and to be performed; and for or towards the land services, performed and to be performed by the said office of the ordnance; and to and for fubfiftence, off-reckonings, and clearings for one year, from the four and twentieth day of December, one thousand seven hundred and three, to her Majesty's guards and garrisons in England, and the dominions thereunto belonging (Ireland excepted) and the contingent charges of the fame; and for or towards the defraying the charge of her Majesty's army, and such forces as are or shall be added thereunto in the Low Countries, within or for one year, to be reckoned from the said four and twentieth day of December, one thousand seven hundred and three, and the contingent charges thereunto belonging; and for or towards the defraying her Majesty's part of the charge of the forces acting or to act in conjunction with the forces of the King of Portugal, until the five and twentieth day of December, one thousand seven hundred and four; and for or towards the payment of her Majesty's proportion of the fubfidies due, or to be due, upon treaties made, or to be made, with her Majesty's allies, and other charges for the service of the war, until the said five and twentieth day of December, one thousand seven hundred and four; and for and towards the payment of any sum, not exceeding five thousand pounds, for the fupport of the invalids; and for or towards the discharging of the premiums, and other charges for circulating the bills, commonly called Exchequer Bills; and for or towards the satisfaction of the fum, not exceeding eight hundred seventy five pounds, to be paid without account, and free of all taxes, as well for the falaries of the five commissioners appointed by act of parliament for stating the accounts of the army, transports, and prizes, during the last war, as for incident charges in the execution of their trust, for one quarter, ending the nine and twentieth day of March, one thousand seven hundred and four; and for or towards the fatisfaction fatisfaction of the sum of three thousand five hundred pounds for salaries, and any fum not exceeding two thousand five hundred pounds for incident charges, to be allowed without account, and free of all taxes, to the seven commissioners appointed by act of parliament for stating the accounts of all publick monies, and to none other use, intent, or purpose whatfoever: provided always, That out of the monies to be issued to the guards and garrisons, as aforesaid, there shall and may be taken and applied, any fum not exceeding eighty seven thousand one hundred twenty five pounds, ten shillings, towards the charge of maintaining the foldiers, raised and to be raifed for sea service, with their officers, and the contingent charges thereunto belonging: and out of the monies to be issued for the service of the navy and fea services, as aforesaid, there shall be taken and applied such sums, as, together with the said fum not exceeding eighty seven thousand one hundred twenty five pounds, ten shillings, thall be necessary for the charge of maintaining the said soldiers for sea service, with their officers, and the contingent charges thereunto belonging; any thing herein contained to the contrary notwithstanding.

XXI. And whereas by an act of the first year of her Majesty's reign, intituled, An act for making good deficiencies, and for preserving the public credit, feveral tallies therein mentioned do amount to five thousand and seventeen pounds, nine spillings, one penny, and the orders thereupon for reversions of annuities were directed to be issued to discharge such off-reckonings for clothing, as were become due before the last day of December, one thousand fix hundred ninety feven, which off-reckonings being otherwise fatisfied, the faid tallies and orders do still remain in the hands of the late paymaster general of the army, and by the act last mentioned it was provided, That such person or perfons as should receive fuch debentures payable out of the forfeited estates in Ireland, as are thereby directed, for monies due to any troops or companies (over and above what was due for the perfonal pay of the commission officers) should give fecurity to the paymafter general of double the value thereof, and at the end of twelve months should return unto the said paymafter an account upon oath, of all the debentures by him or them issued in pursuance of that alt, and returning back to the hands of the said paymaster fuch debentures as should remain not issued out to the end of the faid twelve months; in pursuance whereof several of the faid debentures have been returned, and others of them ought to be returned to the hands of the late paymaster general of the army, or to the paymaster general thereof for the time being, for the publick use and service: now it is hereby further enacted and declared by the authority aforesaid, Treasury to That it shall and may be lawful to and for the lord high treaapply the tal- furer of England, or any three or more of the commiffioners of lies, &c. for the reverfion- the treasury for the time being, to cause as well the said orders ary annuities and tallies, for the faid reverfionary annuities remaining unundisposed of, disposed, as aforesaid; as also all and every or any the faid deas also the de- bentures returned, or to be returned, to the faid late paymaster, turnable to the or to the paymaster general of her Majesty's forces for the time being, pursuant to the said securities, or any of them, given paymaster geor to be given, upon the act last mentioned, to be issued, paid neral, for fatifover, or applied for or towards fatisfaction of all or any part of fying the out penfioners of the monies due in the reign of his late majesty King William Chelsea hothe Third, to the out penfioners of Chelsea hospital, and such spital, &c. other publick debts as were incurred during the last war, as the faid lord high treasurer or commiffioners of the treasury shall direct, and in fuch proportions, manner, and form, as to him or them shall feem meet.

CAP. X.

Annæ, ftat.a.

An act to enlarge the time for the purchasers of the forfeited estates in Ireland, to make the payments of their purchase money. Times allowed to the purchasers of the forfeited estates in Ireland, who C. 21, have paid one third part of their purchase money, for payment of the 11 W. 3. C. 2. refidue. On non-payment at those times, conveyance to be void. All unfatisfied debentures to be registered. EXP.

CAP. XI.

An art for the making more effectual ber Majesty's gracious!
intentions for the augmentation of the maintenance of the
poor clergy, by enabling her Majesty to grant in perpetuity
the revenues of the first fruits and tenths; and also for
enabling any other persons to make grants for the Same
purpose.

WHEREAS at a parliament bolden in the fix and twentieth 26 H. 8. c. 3.

reign of King Henry the Eighth, the first fruits, revenues, and profits for one year, upon every nomination or appointment to any dignity, benefice, office, or promotion Spiritual, within this realm, or elsewhere, within the faid King's dominions, and also a perpetual yearly rent or penfion, amounting to the value of the tenth part of all the revenues and profits belonging to any dignity, benefice, or promotion spiritual whatsoever, within any diocese of this realm, or in Wales, were granted to the faid King Henry the Eighth, bis heirs and fucceffors; and divers other ftatutes have fince been 26 H. 8. c. 17. made touching the first fruits and annual tenths of the clergy, and the 27 H. 8. c. 8. ordering thereof: and whereas a fufficient fettled provision for the 32 H. 8. С. 22, clergy, in many parts of this realm, hath never yet been made, by &. 47. 34 & 35 H. 8.. reason whereof divers mean and ftipendiary preachers are in many 347. places entertained to ferve the cures, and officiate there, who depend-2 & 3 Ed. 6. ing for their neceffary maintenance upon the good-will and liking of c. 20. their hearers, have been, and are thereby under temptation of too 7 Ed. 6. c. 4. much complying and fuiting their doctrines and teaching to the humours Eliz. c. 4. 5 Annæ, rather than the good of their bearers, which hath been a great occafion Geo. r. c. 10. of faction and fchifm, and contempt of the ministry: and forafmuch as your Majesty, taking into your princely and ferious confideration the mean and infufficient maintenance belonging to the clergy in divers parts of this your kingdom, has been most graciously pleased, out of your most religious and tender concern for the church of England (whereof your Majesty is the only fupreme head on earth) and for the poor clergy thereof, not only to remit the arrears of your tenths due from

C. 24.

The Queen

from your poor clergy, but also to declare unto your most dutiful and loyal commons your royal pleasure and pious defire, that the whole revenue arising from the first fruits and tenths of the clergy might be Settled for a perpetual augmentation of the maintenance of the faid clergy, in places where the fame is not already fufficiently provided for: we your Majesty's most dutiful and loyal subjects, the commons of England, in parliament assembled, to the end that your Majesty's most gracious intentions may be made effectual, and that the church may receive so great and lasting an advantage from your Majesty's parting with so great a branch of your revenue, towards the better provision for the clergy not fufficiently provided for; and to the intent your Majesty's fingular zeal for the support of the clergy, and the honour, interest, and future security of the church, as by law established, may be perpetuated to all ages, do most humbly befeech your Majesty that it may be enacted; and be it enacted by the Queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the fame, That it may erect a shall and may be lawful for the Queen's most excellent majecorporation, sty, by her letters patents under the great feal of England, to them, and their incorporate such persons as her Majesty shall therein nominate fucceflors, the or appoint, to be one body politick and corporate, to have a first fruits and common seal, and perpetual succession; and also at her Majetenths, for augmentation sty's will and pleasure, by the fame, or any other letters patents, of the mainte- to grant, limit, or fettle, to or upon the said corporation, and nance of the their successors for ever, all the revenue of first fruits, and yearmeaner clergy. ly perpetual tenths of all dignities, offices, benefices, and promotions spiritual whatsoever, to be applied and disposed of, to and for the augmentation of the maintenance of fuch parsons, vicars, curates, and ministers, officiating in any church or chapel within the kingdom of England, dominion of Wales, and town of Berwick upon Tweed, where the liturgy and rites of the church of England, as now by law established, are or fhall be used and observed, with such lawful powers, authorities, directions, limitations, and appointments, and under such rules and restrictions, and in such manner and form, as shall be therein expressed; the statute made in the first year of her said Majesty's

on

By 3 Geo. 1. C. 10. a collector is to be appointed.

1 Anna, stat. reign, intituled, An act for the better fupport of her Majesty's houshold, and of the honour and dignity of the crown, or any other law to the contrary in any wife notwithstanding.

1. C. 7.

All statutes,

&c. relating and terths to continue in force.

II. Provided always, and it is hereby declared, That all and every the statutes and provisions, touching or concerning the ordering, levying, and true answering and payment, or qualification of the said first fruits and tenths, or touching the charge, discharge, or alteration of them, or any of them, or any matter or thing relating thereunto, which were in force at the time of making this act, shall be, remain, and continue in their full force and effect, and be observed and put in due execution according to the tenors and purports of the fame, and every of them,