each perfon's then fuch deputy or clerk only fhall be liable to fuch action, due place and debt, damages, and cofts, and fhall be for ever after incapable order, 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 perfon's due place and order, as afore directed, then he or they fhall be adjudged to forfeit, and the respective deputies and clerks herein offending to be liable to fuch action, debt, damages, and cofts, in fuch manner, as aforefaid: all which faid penalties, forfeitures, damages, and cofts, to be incurred by any of the officers of the Exchequer, or any their deputies or clerks, fhall 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 effoin, protection, privilege, wager of law, injunction, or order of reftraint, fhall be in any wife granted or allowed. What shall not 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 aforefaid, bear date or be brought the fame day to the auditor of the receipt to be regiftred, 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 alfo, That it fhall 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 fubfequent orders of perfons 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 fhall not be otherwise disposed, but kept for them; intereft upon loan being to ceafe from the time the money is fo reserved, and kept in bank for them. Orders affign- XIX. And be it further enacted, That all and every person able, and perfons, to whom any money fhall 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 faid acts, as aforefaid, his or their executors, adminiftrators, or affigns, by indorsement of his order, may affign or transfer his right, title, intereft, 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 alfo made in the proper book of registry aforefaid for orders, which the officers shall upon request, without fee or charge, accordingly make, fhall intitle fuch affignee, his executors, adminiftrators, fucceffors, and affigns, to the benefit thereof, and payment thereon: and fuch affignee may in like manner affign again, and fo toties quoties; and afterwards it fhall not be in the power of such person or perfons, who have or hath made fuch affignments, to make void, releafe, or discharge the fame, or any the monies thereby due, or any part thereof. Claufe of appropriation. XX. And be it further enacted by the authority aforefaid, That all the monies which fhall be lent to her Majesty, on the credit of the faid, fubfidy and additional duty by this act granted, and all the monies which are or fhall be lent, contributed, or advanced to her Majefty, upon every or any other act or acts. of this feffion of parliament, for granting any aid or supply to her Majefty, for carrying on the prefent war, and other her Majesty's neceffary or important occafions, and fo much of the feveral taxes and duties by this and the said other acts, or any of them granted, as fhall remain (over and above fuch charges as are to be allowed for the raising of the faid taxes and duties refpectively, 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 intereft thereof respectively) fhall be appropriated, iffued, and applied, and the fame are hereby appropriated for or towards the several uses and purposes herein after expreffed; that is to fay, for or towards the defraying the charge of the ordinary of her Majefty'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 fervices, performed and to be performed by the faid 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 Majefty'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 Majefty's army, and fuch forces as are or fhall be added thereunto in the Low Countries, within or for one year, to be reckoned from the faid four and twentieth day of December, one thousand feven hundred and three, and the contingent charges thereunto belonging; and for or towards the defraying her Majefty'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 Majefty'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 fervice of the war, until the faid five and twentieth day of December, one thousand seven hundred and four; and for and towards the payment of any fum, not exceeding five thousand pounds, for the fupport of the invalids; and for or towards the difcharging of the premiums, and other charges for circulating the bills, commonly called Exchequer Bills; and for or towards the fatisfaction of the fum, not exceeding eight hundred feventy five pounds, to be paid without account, and free of all taxes, as well for the falaries of the five commiffioners appointed by act of parliament for stating the accounts of the army, tranfports, and prizes, during the laft war, as for incident charges in the execution of their truft, for one quarter, ending the nine and twentieth day of March, one thousand seven hundred and four; and for or towards the fatisfaction 1 Annæ,ftat.1. C. 13. fatisfaction of the fum of three thousand five hundred pounds for falaries, 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 feven commissioners appointed by act of parliament for stating the accounts of all publick monies, and to none other ufe, intent, or purpose whatfoever: provided always, That out of the monies to be iffued to the guards and garrifons, as aforefaid, there shall and may be taken and applied, any fum not exceeding eighty seven thoufand one hundred twenty five pounds, ten fhillings, towards the charge of maintaining the foldiers, raifed and to be raised for fea fervice, with their officers, and the contingent charges thereunto belonging: and out of the monies to be iffued for the fervice of the navy and fea fervices, as aforefaid, there shall be taken and applied fuch fums, as, together with the said fum not exceeding eighty seven thoufand one hundred twenty five pounds, ten fhillings, fhall be neceffary for the charge of maintaining the faid foldiers for fea fervice, 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 Majefty'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 feventeen pounds, nine fillings, one penny, and the orders thereupon for reverfions of annuities were directed to be issued to discharge fuch off-reckonings for clothing, as were become due before the last day of December, one thousand fix hundred ninety feven, which off-reckonings being otherwife fatisfied, the faid tallies and orders do ftill remain in the hands of the late paymaster general of the army; and by the act laft mentioned it was provided, That fuch perfon or perfons as fhould receive fuch debentures payable out of the forfeited eftates 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 commiffion officers) fhould give fecurity to the paymafter general of double the value thereof, and at the end of twelve months should return unto the faid paymafter an account upon oath, of all the debentures by him or them iffued in pursuance of that act, and returning back to the hands of the faid paymaster fuch debentures as fhould remain not iffued 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 paymafter general of the army, or to the paymafter general thereof for the time being, for the publick ufe and fervice: now it is hereby further enacted and declared by the authority aforefaid, That it fhall 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 treasury for the time being, to caufe as well the faid orders ary annuities and tallies, for the faid reverfionary annuities remaining unundifpofed of, difpofed, as aforefaid; as also all and every or any the faid deas alfo the de- bentures returned, or to be returned, to the faid late paymaster, or to the paymafter general of her Majefty's forces for the time Treafury to bentures re turnable to the being, pursuant to the faid fecurities, or any of them, given paymafter geor to be given, upon the act laft mentioned, to be iffued, paid neral, for fatifover, or applied for or towards fatisfaction of all or any part of fying the out the monies due in the reign of his late majefty King William Chelfea hopenfioners of the Third, to the out penfioners of Chelsea hofpital, and such spital, &c. other publick debts as were incurred during the laft 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. САР. Х. C. 21. An act to enlarge the time for the purchafers of the forfeited estates in Ireland, to make the payments of their purchase money. ¡Annæ, ftat.a. Times allowed to the purchasers of the forfeited eftates in Ireland, who have paid one third part of their purchase money, for payment of the 11 W. 3. c. 2. refidue. On non-payment at thofe times, conveyance to be void. All unfatisfied debentures to be registered. EXP. CAP. XI. An alt for the making more effectual her Majefty's gracious intentions for the augmentation of the maintenance of the poor clergy, by enabling her Majefty to grant in perpetuity the revenues of the first fruits and tenths; and also for enabling any other perfons to make grants for the famer purpose. WH 26 H. 8. C. 3. 26 H. 8. C. 17. HEREAS at a parliament bolden in the fix and twentieth year of the 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 fpiritual, within this realm, or elsewhere, within the faid King's dominions, and alfo 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 fpiritual whatsoever, within any diocefe of this realm, or in Wales, were granted to the faid King Henry the Eighth, bis heirs and fucceffors; and divers other flatutes have fince been made touching the firft fruits and annual tenths of the clergy, and the 27 H. 8. c. 8. ordering thereof: and whereas a fufficient fettled provifion for the 32 H. 8. c. 22, elergy, in many parts of this realm, bath never yet been made, by &. 47. reafon whereof divers mean and ftipendiary preachers are in many 34 & 35 H. 8.. places entertained to ferve the cures, and officiate there; who depend- & 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 much complying and fuiting their doctrines and teaching to the humours rather than the good of their bearers, which hath been a great occafion of faction and fchifm, and contempt of the miniftry: and forafmuch as your Majefly, 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 pleafed, out of your most religious and tender concern for the church of England (whereof your Majefty 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. 17. Ed. 6. c. 4. Geo. 1. c. 10. from your poor clergy, but also to declare unto your moft dutiful and loyal commons your royal pleasure and pious defire, that the whole revenue arifing 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 Majefty's most dutiful and loyal fubjects, the commons of England, in parliament affembled, to the end that your Majesty's most gracious intentions may be made effectual, and that the church may receive fo great and lafting an advantage from your Majefty's parting with fo great a branch of your revenue, towards the better provifion 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, intereft, and future fecurity of the church, as by law established, may be perpetuated to all ages, do moft 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 fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That it fhall and may be lawful for the Queen's most excellent majecorporation, fty, by her letters patents under the great feal of England, to them, and their incorporate fuch perfons as her Majefty fhall therein nominate fucceffors, the or appoint, to be one body politick and corporate, to have a first fruits and common feal, and perpetual fucceffion; and also at her Majefty's will and pleasure, by the fame, or any other letters patents, augmentation of the mainte- to grant, limit, or fettle, to or upon the faid corporation, and nance of the their fucceffors for ever, all the revenue of first fruits, and yearmeaner clergy. ly perpetual tenths of all dignities, offices, benefices, and pro The Queen may erect a and fettle on tenths, for By 3 Geo. 1. lector is to be motions fpiritual whatsoever, to be applied and disposed of, to and for the augmentation of the maintenance of fuch parsons, vicars, curates, and minifters, 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 fuch lawful powers, authorities, directions, limitations, and appointments, and under fuch rules and reftrictions, and in fuch manner and form, as shall be therein expreffed; the ftatute made in the first year of her faid Majesty's 1 Annæ, ftat. reign, intituled, An act for the better fupport of her Majefty'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 to first fruits and terths to continue in force. every II. Provided always, and it is hereby declared, That all and the ftatutes and provifions, touching or concerning the ordering, levying, and true answering and payment, or qualification of the faid firft 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, fhall 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, |