Page:Ruffhead - The Statutes at Large - vol 3.djvu/545

 ^.D. 1692. Anno quarto GuLiELMi & Mari^. C. i. 497 aggrieved by the J'aity ofFcnding, with Cofts of Suit; or if the Officer himfelf take or demand any fuch Fee or Reward, then to lofe his Place alfo. And if any undue Preference of one before another fhall be made, either in point of Regiftry or Payment, contrary to the true Meaning of this Adt, by any fuch Of- ficer or Officers, then the Party ofl'ending fhall be liable by Action of Debt, or on the Cafe, to pay the Value of the Debt, Damages and Cofts, to the Party aggrieved, and Ihall be forejudged from his Place or Office : And if fucli Preference be ujiduly made by any his Deputy or Cleric, without Diredtion or Pri- vity of his Mafter, th.n fuch Deputy or Clerk only fhall be liable to fuch Adion, Debt, Damages and Colh, and fhall be for ever after uncapable of his Place or Office. And in cafe tlie Auditor fh ill not diredt the Order, or the Clerk of the Pells record, or the Teller make Paynient according to each Prrfon's due Place and Order, as afore diredted, then he or they fhall be judged to forfeit, and their refpeclive De- puties and Clerks herein offending, to be liable to fuch Action, Debt, Damages, and Cofts in fuch Man- ner, as aforefaid, all which faid Penalties, Forfeitures, Damages and Cofls to be incurred by any of the Officers of the Exchequer, or any their Deputies or Clerks, fhall and may be recovered by Adtion of Debt, Bill, Plaint, or Information, in any of their Majefties Courts of Record at lVi'jhninJ}ci ^vhcreiI^ no Eiloin, Protection, Privilege, Wager of Law, Injundion, or Order of Reftraint fhall be in any wife granted or allowed. LIX. Provided always, and be it hereby declared. That if it happen that feveral Tallies of Loan or Or- ders for Payment, as aforefaid, bear date, or be brought the fame Day to the Auditor of the Receipt to be regiltered, then it fliall be interpreted no undue Preference which oi' thofe be cntred firll, fo he enters them all the fame Day. LX. Pro.ided alfo, That it fhall not be interpreted any undue Preference to incur any Penalty in point of Payment, if the Auditor diredt, and the Clerk of the Pells record, and the Tellers do pay fublequeiit Orders of Perfons that come and demand their Monies, and bring their Order before other Perfons ths.t did liot come to demand their Money, and bring their Order in their Courfe, fo as th^re be fo much Money refervcd as will fatisfy precedent Orders, which fliall not be otherwife difpofed, but kept for them ; Lite- refl upon Loan, being to ceafe from the Time the Money is fo referved, and kept in Bank for them. . LXL And be it further enadted by the Authority aforefaid. That every Perfon or Perfons to whom any Money fliall be due by virtue of this Adt, after Order entred in the Book of Regiflrer aforefaid, for Pay- ment thereof, his Executors, Adminiftrators or Affigns, by Indorfement of his Order, may affign and transfer his Right, Title, Interefl and Benefit of fuch Order, or any Part thereof, to any other; which being notifi-.-d in the Office of the Auditor of Receipt aforefaid, and an Entry or Memorial thereof alfo made in the Book of Regifler aforefaid for Orders, which the Officers fhall upon Requeflr, without Fee or Charge accordingly make, fliall intitle fuch Affignee, his Executors, Adminiflrators and AfTigns to the Benefit thereof, and Payment thereon, and fuch Affignee may in like manner affign again, and fo toties quoties, and afterwards it fliall not be in the Power of fuch Perfon or Perfons who have or hath made fuch Aflignments, to make void, releafe or difcharge the fame, or any the Monies thereby due, or any Part ! thereof. Lxn. which in _ I in? Money MajelHes Letters of Privy Seal, bearing date the three and twentieth Day of September one thoufand fix the quarterly j hundred ninety-two, made in purfuance of the faid Adf, have been lent, or fliall be lent to tlieir Maje- Poll to the Cre- I flies at the Receipt of their Exchequer, not exceeding in the whole the Sum of feven hundred thirty-five thou- ■''" "fthis Aft, j fand three hundred ninety-one Pounds eighteen Shillings five Pence Plalfpenny, and all and every the Or- ""' "cccdmg i ders of Loan for the fame, fhall be in the firfl Place transferred to and placed upon the Regifter appointed to ;h'i,ty-'%t;"th'oii- ■ be kept by this Act, and fhall be regiftered thereupon, in fuch Courfe and Order as they now have by the land three him- j Books kept in the uiid Receipt ; or where any fpecial Agreements have been made with the Lenders for the ii" ninety-one i Courfe or Order they were to have, in all fuch Cafes, according to thofe Agreements ; v/hich Transferences ^'S^^} "^^"^'^ ' fliall and maybe, and are hereby required to be made by virtue of this Adt, without making any IfTues, orta- pp'i!,^g"j!|jj^^ king any Receipts from the Parties,, in order to transfer the faid Loans : And that the principal Monies upon penny. the faid Orders fo transferred, fhall be payable and paid to the Lender or Lenders of the fame, his, hei', or their Executors, Adminiftrators or Affigns, out of the Monies arifing by virtue of this Adt, in the fame Courfe and Order acccvrdin^ to which they are hereby appointed to be transferred, and with Preference to the Loans which any Perfon or Perfons fliall make hereafter upon the Credit of this, prcfcnt Adi ^ And ^that the Intereft after the Rate of feven Pounds fer Centum per Annum, due, or to be due, for the fdid ■ til the refpedtive-Times of the Satisfadlion of the Principal; And that the Auditor of the faid Receipt, upon the transferring of the faid Loans, or the Order for the fame, as aforefaid, fhall make Memorandums in the Margin of hi-i Books where the fame do, or fhall ftand entred upon the faid Adt for the quarterly Poll importing the Transference thereof, and that they are to be paid out of the Monies arifing by virtue of this Adt : And that any Perfon or Perfons who are or fhall be intitled to any Monies to be paid by fuch Orders, to be transferred, as aforefaid, flial! or may affign over the fame to any other Perfon or Per- fons ; which Affignments fhall be good and efFedtual in Law, and fo toties guotlcs ; any Thing in the faid former Adt, or in this prefent Adt to the contrary notwithitanding. Voi.IIL 3S ■. Lxiu:
 * Loans to be transferred, as aforefaid, fhall be paid and fatisfied out of the Monies arifing by this Adt, un- •