ILLINOIS
UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN
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Rare Book & Manuscript Library University of Illinois Library at Urbana-Champaign 2015GEORGII III. REGIS.
"V
ANNO QUADRAGESIMO QUINTO
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CAP. CXXIII.
An A£t for fettling and fecuring a certain Annuity on John now Duke of Atholl, and the Heirs General of the Seventh Earl of Derby. [12th July 1805.]
Moil Gracious Sovereign,
WHEREAS the IJle of Man was granted in Sovereignty by King Henry the Fourth to Sir John Stanley, and was by an Act palled in the Seventh Year of the Reign of His Majefty King James the Firft, confirmed and allured to the right Heirs of James Lord Stanley, the Seventh Earl of Derby, the Anceftors of the moll Noble John now Duke of Atholl: And whereas the laid Anceftors of the faid John now Duke of Atholl continued Lords of the faid Illand, with Sovereign Rights, until the Fifth Year of the Reign of His piefent Majefty: And whereas an Aft palled in the Twelfth Year of the Reign of His Majefty King George the Firft, intituled, An AH for the Improve- ,a i '■ ment of His MajeJly's Revenues of Cuftoms, Excife, and Inland Duties ; in which Act, Provifions were contained for purchafing the Sovereign Rights and Privileges of the Lords of the faid Illand, and for paying the Compenfation to be given for the fame out of the Duties of Cuftoms of England: And whereas an Act palled in the faid Fifth Year of the Reign of His prefent Majefty, intituled, An AH for carrying into Exccu- j 0.3-lion a ContraH' made purfuant to the AH of Parliament of the Twelfth of His late MajeJly King George the Firjl, between the Commijftoners of His MajeJly's Trcafiry and the Duke and Dutchefs of Atholl, the Proprietors of the llle of Man, and their Truflees, Jor the Purcbafe of the 17 D	a	faidi486
45° GEORGII III. Cap. 123.
faid JJland and its Dependencies, under certain Exemptions therein parti-cularly mentioned : And whereas under all the Circumftances of thé Refignation of the Rights, Royalties, and Privileges, when veiled in the Family of the laid John now Duke of Atholl, and by the laid Act revelled in His Majefty, Ilis Heirs and Succeifors, it appears to be juft and reafonable that a further Compenfation iliould be given : And whereas by virtue of a Deed of Reftriction, bearing Date the Twelfth Day of November One thoufand feven hundred and feventy-four, duly executed by tlie molt Noble Charlotte Dutchefs of Atholl, the faid John Duke of Atholl became entitled to the immediate Poffeflion of the Rights referved to his Family in the Ifle of Man, and hath ever fince continued to enjoy the fame : And whereas the Revenues arifing from the Duties of Cuftoms of the faid Ifland, before the palling of the faid./let of the Fifth Year aforefaid, belonged to the Anceftors of the faid John Duke of Atholl, and it is therefore juft and proper that the annual Amount of the further Compenfation to be given iliould be regulated from Time to Time by the Produce of the Revenues of the faid Illand : We, Your Majefty’s moll dutiful and loyal Subjects, the Commons of Great Britain, in Parliament affembled, do therefore mod humbly befecch Your Majefty that it may be enacted; and be it enacted by the King’s moll Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of Annuityrqual the fame, That One Annuity or Yearly Rent or Sum of lawful Money of to One-f. urth Great Britain, equal to One-fourth Part of the Grofs Annual Revenue otctua^onfs11 Ue arifing from the Duties of Cuftoms now payable and arifing within the arifingwithin faid Illand on the Importation and Exportation of Goods, Wares, and toV/pàw'out Merchandize, into and from the faid Illand, fhall be Hitting and payable of Conti,li-	out of and charged and chargeable upon the Confolidated Fund of
^h^niike o'ft0 Great Britain, (after paying or referving fufficient to pay all fuch Sum Atholl, and and Sums of Money as have been directed by any former Act or Acts of nwaKrfthe'" Parhament t0 be paid out of the fame, but with Preference to all other Seventh Earl Payments which fhall or may hereafter be charged upon or. payable out of the faid Fund); and the fame lhall from Time to Time be paid Quarterly, free and clear of all Taxes and Deductions whatfoever, in Manner and Form following ; that is to fay, to the faid John Duke of Atholl and the Heirs General of the Seventh Earl of Derby ; which faid Annuity or Yearly' Rent or Sum lhall commence and take effect from the Fifth Day of January One thoufand eight hundred and five, the Firft Payment to be computed from the faid Fifth Day of January, and from thenceforth lhall be paid and payable at the Four ufual Days of Payment in the Y ear ; that is to fay, the Fifth Day of April, the Fifth Day of July, the Tenth Day of Oilober, and the Fifth Day of January, in each and every Year.
II. Provided always, and be it further enacted, That if at any Time hereafter any new or further or additional Duties of Cuftoms fhall be granted on the Importation or Exportation of Goods, Wares, and Merchandize, into and out of the faid Illand, the Annuity granted by this Aft lhall not be calculated on the Produce of any fuch new or further or additional Duties ; and if any of the Duties of Cuftoms, now payable and arifing within the faid Illand, lhall at any Time hereafter be repealed or altered or varied, or if at any Time hereafter any new Duties lhall be granted in lieu of any Duties of Cuftoms that may be repealed, then and in every fuch Cafe, the Annuity or Yearly Rent or Sum to,be paid to the 0	faid
Provifion in «aie of new Dut.es, or any kepeal or Alteration of prefent Duties.f a o 2 ? ? f
45” GEORGIÎ III. Cap. î2j.	1487
faid y<>hn Duke of Àtboll and the faid Heirs General of the Seventh Karl Of Derby, (hall be calculated on the Average Produce of the Amount of the Duties of Cuftoms fo repealed, altered, or varied, as the fame fliall have Hood at the Rates now payable for the Three Years ending the fifth Day of January next preceding the Repeal, Alteration, or varying thereof as aforefaid.
III. And be it further enailed, That it fliall be lawful for the Commif- ¡^"pàîÜat'tlie fioners of His Majefty’s Treafury now being, and the High Treafurer Exchequer and Under Trealiirer of the Exchequer, and Commiffioners of the without Fees. Treafury for the Time being, and they are hereby authorized and required, upon the Receipt of the Certificate of the Receiver General of the IJle of Man, for the Time being, of the Grofs Produce of the Duties of Cuftoms arifing and payable within die faid Ifland, in eaçh Quarter of the Year ending aS aforefaid, or of fuch Average Produce as aforefaid, in cafe any Duties of Cuftoms now payable ihall be repealed, altered, or varied as aforefaid, from d ime to Time, as foon after the Receipt of fuch Certificate in any Quarter as die fame can be done, from Time to Time by Warrants under their Hands, to direâ the Auditor of the Receipt of the Exchequer now and for the Time being, to make forth- and pafs Debentures from Time to Time for paying the faid Annuity or Yearly Rent or Sum in Manner as aforefaid, and as the fame ihall from Time to Time become due and payable, without any Fees or Charges to be demanded or taken for paying the fame or any Part thereof, which faid Warrant, and the Debentures to be made forth and paffed thereupon, ihall be a fufficient Authority to the lèverai and refpeftive Officers of the Receipt of the Exchequer now and for the Time being, for the Payment of the faid Annuity or Yearly Rent or Sum to the faid •fohn Duke of Atboll, and thé Heirs General of the Seventh Earl of 'Derby, for eyer, at the refpeftive Eeaft Days In this AQ. before appointed for Payment thereof, or as foon after as the fame can be done, without any further or other Warrant to be fued for, had, or obtained in that Behalf.
IT. And it is hereby further enaded, That after fignlng of fuch Warrant Warrant the fame Ihall be good, valid, and effectual in Law, according to the Pur- of the Aumii-port and true Meaning thereof and of this ACt, and fliall not be determin- Y terminable able or revocable by or upon the Demife of His Majefty (whom God long preferve) or of any of His Heirs or Succeffors, or by or upon the Death m,r, of Hu or Removal of any of the faid Commiffioners of the Treafury, or the Lord M-|d >• High Treafurer, or by or upon the Determination of the Power, Office, or Offices of them or any of them.
V. And be it further enafted, That the Commiffioners of the Treafury now being, and the High Treafurer of the dreafury for the lime being, ¡reafL.a-y and Chancellor and Under Treafurer, Chamberlains and Barons of the Ex- others » ^ chequer, and all other the Officers and Minifteis of the Court of Kxchequei5 without Feei. and of the Receipt thereof, now and for the Time being, Ihall and they are hereby authorized and ftri&ly enjoined and required to do, without Fee or Reward, all fuch Ads, Matters, and Things as are herein-before direâed and required, or ihall be heccffary to be done and performed by them, or any or either of them, in order to render this Acf and the feveral Payments hereby directed, effectual.
VI. And.1488
TheReceipt of the Duke of A«hoiI to lie a Diicbarge.
For Recovery ot Annuity.
450 GEORGII III. Gap. 123;
VI. And be it cnaftcd, That the Acquittance or Acquittances, Receipt or Receipts of the laid John Duke of Jltholl, and of the Heirs General of the Seventh Earl of Derby, ihall be a good and fuificient Difcharge for the Payment of the laid Annuity or Yearly Sum, without any further or other Warrant to be fued for, had, or obtained in that Behalf; and that the faid Annuity or Yearly Rent or Sum, and every Part thereof, ihall be free and clear from all Taxes, Impofitions, and other Charges whatfoever: And in cafe any of the Officers of the Receipt of Ilis Majcfty’s Exchequer (hall refufe or negleft to pay the faid Annuity or Yearly Rent or Sum, or any Part thereof, according to the true Intent and Meaning of this Act, or to do any Aft neceffary to enable the faid John Duke of Atholl and the Heirs General of the Seventh Earl of Derby, then 'the faid John Duke of Atholl, and fuch Heirs General as aforefaid, may from Time to Time fue, profecute, and implead fuch Officers, or any of them, their Heirs,. Executors, or Adminiltrators, by Bill, Plaint, or Aftion of Debt, and ihall and may recover Judgement, and fue out Executions thereupon, againit fuch Officers refpectively, their Heirs, Executors, or Adminiftrators, for fo much of fuch Sum or Sums of Money then due, and owing upon the faid Annuity, Yearly Rent, or Sum, or any Part thereof, as ihall have been in the Hands of the Officer or Officers of the Receipt of the Exchequer at the Time or Times when Demands ihall have been legally made of the Payment of the faid Annuity, Yearly Rent, or Sum, or any Part thereof, as aforefaid, or for the Refufal or Neglect to do any Act neceffary to be done by fuch Officer or Officers refpectively.
LONDON: Printed by George Eyre and Andrew Strahan, Printers to the King’s moil Excellent Majefty. 1805.