5 Geo. IV. c. 13. Empowering Corporation in certain cases to dispose of the present Workhouse. Monies received for Sale of Lands to be applied for the purpose of rebuilding the Workhouse. Power to borrow and their successors, for the uses and purposes of this act; and if any such mortgagee, his, her or their heirs, executors, administrators or assigns, shall refuse so to do, then all interest on every such mortgage, from the expiration of the said two calendar months, after any such notice, shall cease and determine; any law or custom to the contrary notwithstanding. XCVII. And be it further enacted, That if the said governor, deputy governor, assistants and guardians, shall agree and resolve under the powers of this act to erect a new workhouse on another site, as hereinbefore mentioned, or in case the said governor, deputy governor, assistants and guardians, shall under the provisions of this act purchase any lands, tenements or hereditaments, part of which may not be necessary for the purposes of this act, it shall and may be lawful for the said governor, deputy governor, assistants and guardians, and any persons or person in whom any lands, tenements or hereditaments so purchased under this act shall be vested, and they and he and she are and is hereby authorized and required, either by public auction or private contract, to sell and dispose of, and by indenture or indentures under their common seal, to grant and convey, by way of absolute sale in fee simple, or for such estate and interest as they shall then have therein, all or any part or parts of the present workhouse and buildings thereunto belonging, and of the site or sites thereof, and the ground thereunto belonging, and also all or any part or parts of any other messuages, buildings, lands, tenements and other hereditaments, which did or shall belong to, or which were or shall be vested in, the said corporation constituted by the said recited acts, or which have heretofore been purchased by the said corporation out of the money raised by the said corporation for the relief of the poor under their care and management, or the rents and profits whereof have been hitherto applied towards the relief and maintenance of such poor, subject to such leases or other incumbrances as may affect the same premises respectively, and also all or any part of such lands, tenements or hereditaments as shall or may be purchased under the powers of this act, or as shall belong to or be vested in the corporation constituted by virtue of this act, and as shall not in the judgment of the said governor, deputy governor, assistants and guardians, be necessary or wanted to be retained for the purposes thereof, as they the said governor, deputy governor, assistants and guardians, at a special general court or assembly of the said corporation, shall deem expedient, to such person or persons as shall be willing to treat for the same, to such uses, upon such trusts, and in such manner, and upon such terms, and for such considerations, as the said governor, deputy governor, assistants and guardians shall judge advantageous and convenient; and upon payment of the money which shall arise by or from the sale of such lands, tenements or hereditaments, or any part or parts thereof, it shall and may be lawful for the treasurer for the time being of the said corporation hereby constituted, to sign and give receipts for the monies for which the same shall be sold, which receipts shall be sufficient discharges to any person or persons for the purchase money for which such lands, tenements or herditaments shall be so sold, or for so much thereof as in such receipts shall be expressed or acknowledged to be received, and such person or persons shall not afterwards be answerable or accountable for any losses, misapplication or nonapplication of such purchase money, or any part thereof. XCVIII. And be it further enacted, That the money arising from the sale of such lands, tenements and hereditaments shall be applied and disposed of by the said governor, deputy governor, assistants and guardians, in or towards defraying the expences of and attending the purchasing land, and the rebuilding of the said workhouse, or the erection of a new workhouse on another site, and for the general purposes of this act. XCIX. And be it further enacted, That in case the monies to arise by the sales aforesaid, or any of them, shall be insufficient to defray the expence of repairing or rebuilding the said workhouse, or erecting a new workhouse, it shall and may be lawful to and for the said governor, deputy governor, assistants and guardians, from time to time to borrow and take up at interest such sum or sums of money, not exceeding in the whole the sum of five thousand pounds as they shall judge necessary to supply such deficiency, on the credit of the rates or assessments to be made, levied and collected by virtue of this act, and by writing under their common seal to assign all or any part of the said rates or assessments, to such person or persons as shall lend or advance any money thereon, or to his, her or their trustee or trustees, as a security for the repayment of the principal money to be advanced with lawful interest for the same; and the charges and expences of such assignment, (to be made as hereinafter mentioned,) shall be from time to time defrayed by the said governor, deputy governor, assistants and guardians, out of the money so borrowed, and every such assignment shall be in the words or to the effect following, (that is to say ;) 66 We, the governor, deputy governor, assistants and guardians, acting in 66 by 66 66 of upon the credit and for the purposes of the said Act, do hereby grant "and assign unto the said [or, to his trustee or trustees, as the case may be,] his [or, her] executors, administra"tors and assigns, such proportion of the rates or assessinents to be "raised, levied and collected by virtue of the same, as the said sum "of doth or shall bear to the whole sum which may at Iany time be borrowed or become due and owing, or be charged upon "the credit of the said rates or assessments; to be had and holden from "this day of until the said sum of "with interest after the rate of per centum per annum for "the same, shall be fully paid and satisfied. In witness whereof we, "the said governor, deputy governor, assistants and guardians, have "hereunto caused our common seal to be set and affixed this "day of "hundred and in the year of our Lord one thousand eight And all such assignments shall be numbered, commencing with number one, and so proceeding in an arithmetical progression, ascending, whereof the common excess or difference shall always be one in respect of every one hundred pounds so advanced as aforesaid; and every such security shall be good, valid and effectual in the law, and shall entitle the person or persons to whom the same shall be made, his, her or their executors, administrators and assigns, to the payment thereof, and to all interest or advantage thereof, according to the true intent and meaning of this act; and all interest I which shall become due thereon shall be paid half yearly by the said corporation at the work house for the time being, or in such other convenient place as the corporation shall appoint for the purpose. 5 Geo. IV. c. 13. C. And be it further enacted, That in case the said governor, deputy Money by governor, assistants and guardians, at any general court or assembly, shall Annuities. think it advisable to raise all or any part of the monies necessary for the purposes aforesaid, by granting annuities for lives instead of assignments as aforesaid, then and in such case it shall be lawful to and for the said governor, deputy governor, assistants and guardians, and they are hereby authorized and empowered, by writing under their common seal, to grant an annuity or annuities to any person or persons who shall contribute, advance and pay into the hands of the treasurer or treasurers of the said governor, deputy governor, assistants and guardians, any sum or sums of money for the absolute purchase of an annuity or annuities, to be paid and payable during the natural life of every such contributor, or during the natural lives of any two such contributors, and the life of the survivor, or the natural life of such person, or the natural lives of two such persons, and the life of the survivor, as shall be nominated by or on the behalf of such contributor at the time of the payment of his or her contribution or purchase money; and the expence of every such annuity shall be paid by the said governor, deputy governor, assistants and guardians, out of the monies so contributed; and the grant of every such annuity shall be in the words, or to the effect, following: (that is to say;) 66 "We, the governor, deputy governor, assistants and guardians, acting in "to the treasurer appointed in pursuance of the said act, do hereby 5 Geo. IV. c. 13. Right to Annuities rested in Contributors. Form of Assign. ment of An. nuities. "to be paid out of the rates or assessments to be raised, levied and "or his [or, her] assigns, during the term of his [or, her] natural life, executors, administrators or assigns, during the natural life of " and "of "of the and the day of day of day the day in every year, during "the natural life or lives of him, her or them the said "at the "made upon the 66 the first quarterly payment thereof to be day of next ensuing the date hereof, together with a proportionable part of such annuity from the "last quarterly day of payment to the day of the death of the annuitant, or his, her or their cestui que vie. In witness whereof we, the said governor, deputy governor, assistants and guardians, have caused our common seal to be hereunto set and affixed the day "of in the year of our Lord one thousand eight And every such grant shall be good, valid and effectual in the law. CI. And be it further enacted, That all and every the contributor or contributors of any money upon the credit of this act, duly paying the consideration or purchase money for any such annuity or annuities, or other security as aforesaid, or such person or persons as he, she or they shall appoint, his, her or their respective executors, administrators or assigns, shall receive and enjoy, and be entitled by virtue of this act to have, receive and enjoy the respective annuity or annuities so to be purchased, or the interest of such assignment, or other security, out of the said rate or rates by this act charged therewith; and all and every such purchaser and purchasers of all and every such annuity or annuities, assignments or other security, and his, her and their respective executors, administrators and assigns, shall have a good, sure, absolute and indefeasible estate, right and interest in and to the said annuities, assignments or other security so to be by them respectively purchased as aforesaid, according to the tenor and meaning of this act. CII. And be it further enacted, That it shall and may be lawful to and for the persons entitled to any of the securities for the money to be borrowed on legal interest as aforesaid, or to be raised by granting of annuities as aforesaid, and their respective executors, administrators and assigns (as the case may be,) at any time by writing under their hands and seals, to transfer such securities to any person or persons whomsoever; and every such transfer may be in the words or to the effect following, (that is to say;) "I, A. B. being entitled to the sum of [or, an annuity and his 'assigns, [or, his or their executors, administrators and assigns, as the case may be,] by virtue of an assignment or grant of an annuity, bearing date the day of under the common seal of the governor, deputy governor, assistants and "guardians, acting in the execution of an act made in the fifth year of "the reign of King George the Fourth, intituled, [here set forth the "title of this act,] upon the credit of the rates or assessments granted or payable by the said act, do hereby transfer all my right and in"terest in and to the same sum, [or, annuity] and all interest and "other money due and arising therefrom, unto And a copy of such security or assignment, and of every grant of annuity which shall be made in pursuance of this act, and an extract or memorial of every transfer thereof respectively, shall be entered in a book to be kept for that purpose by the clerk of the said governor, deputy governor, assistants and guardians; which extract or memorial shall specify and contain the dates, names of the parties, and sums of money thereby transferred, to which book any person interested shall at all seasonable times have access, and shall have free liberty to inspect the same, without fee or reward; and for the entering of every such transfer the clerk shall be paid by the person to whom such transfer shall be made, the sum of ten shillings and no more; and every such transfer, after entry thereof as aforesaid, shall entitle the person to whom the transfer shall be made, and his or her executors, administrators and assigns, to the benefit of the security thereby transferred. CIII. And be it further enacted, That if the interest of any of the monies so to be advanced or lent, or the annuity or annuities so to be granted as aforesaid, or any part or parts thereof respectively, shall be behind, in arrear and unpaid by the space of fourteen days next after the same shall become due and payable, then, and in either of such cases it shall be lawful for the person or persons entitled to such interest or annuities, having first demanded of the treasurer of the said corporation the payment of such interest or annuity so in arrear, to commence and prosecute an action at law against the said governor, deputy governor, assistants and guardians, for the recovery of the said interest or annuity so in arrear, the venue of which action shall be laid in the said town of Kingston-upon-Hull and county thereof, and not elsewhere; and in such action no essoign, privilege, protection or wager of law, or more than one imparlance, shall be allowed; and upon every such default of payment, the rate or rates, assessment or assessments, to be made by authority of this act, shall be vested in such creditors or annuitants, until the same interest and annuities, together with legal interest on the sum or sums which shall be so in arrear, and all costs and charges occasioned by the nonpayment thereof, shall be fully paid and satisfied. CIV. Provided always, and be it further enacted, That no annuity or annuities, to be granted and secured under this act, shall be paid or recoverable unless the person for whose life, or one of the persons for whose lives the same shall have been granted, shall personally appear before the said governor or deputy governor for the time being, or a certificate or certificates shall be produced to the governor or deputy governor, under the hand or respective hands of the officiating minister, and one of the churchwardens of the parish or place where such person or persons shall respectively reside, certifying that such person or persons was or were living on or after the day such payment became due, or such other sufficient proof of the fact shall be produced as shall be satisfactory to them, the said governor, deputy governor, assistants and guardians. CV. And, for preventing any improvident grants of annuities under this act, Be it further enacted, That no annuities shall be granted by virtue of this act, for any single life, at any higher rate than the following; (that is to say,) when the age of the annuitant or person for whose life the annuity shall be granted, shall not exceed thirty-five years, the annuity to be granted shall not exceed the rate of eight pounds three shillings for each one hundred pounds of the consideration money paid for the purchase thereof; when the age of such person shall not exceed forty years, the annuity to be ganted, shall not exceed the rate of eight pounds ten shillings for each one hundred pounds of the consideration money; when the age of such person shall not exceed forty-five years, the annuity shall not exceed the rate of nine pounds for each one hundred pounds of the consideration money; when the age of such person shall not exceed fifty years, the annuity shall not exceed the rate of nine pounds twelve shillings for each one hundred pounds of the consideration money; when the age of such person shall not exceed fifty-five years, the annuity shall not exceed the rate of ten pounds eight shillings for each one hundred pounds of the consideration money; when the age of such person shall not exceed sixty years, the annuity shall not exceed the rate of eleven pounds eight shillings for each one hundred pounds of the consideration money; when the age of such person shall not exceed sixty-five years, the annuity shall not exceed the rate of twelve pounds seventeen shillings for each one hundred pounds of the consideration money; when the age of such person shall not exceed seventy years, the annuity shall not exceed the rate of fifteen pounds one shilling for each one hundred pounds of the consideration money; and when the age of such person shall not exceed seventy-five years, the annuity shall 5 Geo. IV. c. 13. For payment of Power to borrow rate of Interest. not exceed the rate of eighteen pounds ten shillings for each one hundred pounds of the consideration money. CVI. And in order that no preference may be given to any of the persons who shall have advanced and lent money upon the credit of the said rates or assessments, Be it further enacted, That the said governor, deputy governor, assistants and guardians (if there shall be more creditors than one) shall cause the number or numbers of all assignments or securities granted, in case more than the sum of one hundred pounds shall be lent and advanced upon any such assignment or security as aforesaid, and then in force for securing the principal monies lent and advanced upon the credit of the said rates or assessments, of which part shall be then intended to be paid off, to be written on distinct pieces of paper of an equal size, each piece of paper to contain only one number in respect of every one hundred pounds so borrowed as aforesaid, and all such papers shall be rolled up in the same form as near as may be, and be put into a box or wheel, and the number or number of the said assignments or securities shall be drawn separately out of the said box or wheel by the clerk to the said governor, deputy governor, assistants and guardians; and after every such ballot the said governor, deputy governor, assistants and guardians shall cause notice, signed by their said clerk, to be given or left at the last or usual place of abode of the person or persons who shall be entitled to the money to be paid off, either in full or part payment of their respective assignments or securities as aforesaid, pursuant to such ballot, and where there is only one creditor, to give six calendar months notice to such creditor of the intention of the said governor, deputy governor, assistants and guardians, to pay him or her as aforesaid; and every such notice shall express the sum to be paid off, together with the interest due thereon, and that the same shall be paid on a day and at a place to be specified in such notice, such day not being sooner than six calendar months after the day of giving or leaving such notice as aforesaid; and the interest of the principal money so to be paid off shall from and after the day so specified cease, and be no longer paid or payable, unless such money shall be demanded of the treasurer of the said corporation pursuant to such notice, and not paid; but the principal money in respect whereof such notice shall be given, and also the interest thereof to the day so specified, shall nevertheless be payable on demand; but nothing herein contained shall extend, or be construed to extend, so as to require the said governor, deputy governor, assistants and guardians to pay off and discharge any monies lent on the credit of the said rates or assessments by way of annuity, until all other the creditors on the said rates or assessments shall be paid off and discharged, and the several parties so lending money by way of annuity shall agree to accept the sum or sums of money offered by the said governor, deputy governor, assistants and guardians for the repurchase of such his, her or their annuity or annuities. CVII. Provided always, and be it further enacted, That in case the said Money at a lower governor, deputy governor, assistants and guardians can at any time bor.. row or take up any sum or sums of money at a lower rate of interest than the assignments or securities which shall be then in force shall bear, it shall and may be lawful to and for the said governor, deputy governor, assistants and guardians from time to time to charge the said rates or assessments, in manner aforesaid, with such sum or sums of money as they shall think proper, and the interest thereof at such lower rate of interest as aforesaid, and therewith to pay off and discharge the assignments or securities bearing a higher rate of interest, according to the directions and regulations herein prescribed for paying off assignments or securities. Extending the General Laws relating to Lunatics to Hull, CVIII. And be it further enacted, That from and after the said thirtieth day of September next, all and every the powers, provisions, directions, clauses, matters and things whatsoever, contained in an act passed in the forty-eighth year of the reign of his late Majesty King George the Third, intituled "An Act for the better care and maintenance of lunatics, being paupers or criminals in England ;" and in another act passed in the fiftyfirst year of the reign of his said late Majesty, intituled "An Act to amend an Act of the forty-eighth year of his present Majesty, for the better care and maintenance of lunatics, being paupers or criminals in England;" and in another act passed in the fifty-fifth year of the reign of his said late Majesty, intituled, "An Act to amend an Act passed in the forty-eighth year of the |