Page:Ruffhead - The Statutes at Large - vol 3.djvu/656

 6oo C. lo. Anno feptlmo & o^lavo Gulielmi III. A. D. i6<^6t Management of Duties on To- bacco. 4 & 5 W. & M. t. !S. Perfons ms Repayment, wkh Intereft, &c. of the Voyage ; and that none of the faid Tobacco has been fince landed, or is intended to be re-landed, m England, fVaies, or Town of Berzvick uponTwe/;d, VI. And be it further enaiSed by the Authority aforefaid, That the whole Management or Ordering of the faiJ Duties on Tobacco, both as to the Entry and the Account thereof, be made during the Continu- ance of this Ail (except where it is otherwife hereby directed) conformable to the Methods and Rules of the Cuftoms. ' VII. And whereas by the Act of Parliament made in the fourth and fifth Years of their faid Majeftles ' Reign, intituled, An Asi for continuing cei-tain ASis therein mentioned, and for charging feveraiyoint Stocks, ' the Security of that Aft, as of the feveral other Afts therein before mentioned ; in purfuance whereof ' and Part thereof doth frill remain unfatisfied ;' Be it further enafted by the Authority aforefaid. That it lend i,5oo,ocol. {hall and may be lawful to and for any Perfon or Perfons, Natives or Foreigners, Bodies Politick or Cor- «a this Aa, &c. pQf2j.g^ to advance and lend unto His Majefty, upon the Security of the Impofitions and Duties arifing by this Aft, and alfo upon Security of the Impofitions and Duties, which from and after the Repayment of -the faid Sum of five hundred thoufand Pounds, borrowed as aforefaid, and the Intereft thereof, fhall arifei by the iaid Aft made in the fourth and fifth Years of their faid Majefties Reign, any Sum or Sums, not ex- ceeding in the whole the Sum of fifteen hundred thoufand Pounds, to be fupplied out of fuch Impofitions,; and have Tallies Or other Duties, as are before mentioned; and that Tallies of Loan fhall be levied for all and every Sumi and Oj-ders for and Sums of Money fo to be lent; and that Orders, according to the Courfe of the Exchequer, fhall bc' drawn, figned, and iffued, for the Repayment of the fame, and for Payment of Interefl, for the Forbear- ance of every fuch,.Sum of Money; which Intereft fhall not exceed the Rate of five Pounds per Centum per Annum, for the firft four hundred thoufand Pounds ; fix Pounds per Centum per Annum, for the fecond four hundred thoufand Pounds ; feven Pounds per Centum per Annum, for the third four hundred thoufand Pounds, and eight Pounds per Centum per Annum, for the remaining three hundred thoufand Pounds ; and rftiall be payable every three Months, from the refpeftive Dates of the Tallies of Loan, until the Satisfac- tion of the refpeftive Principal Sums. A Regifter to be VIII. And to the end that all Monies, which fhall be fo lent unto His Majefty, may be well and fuffi- kept of allMo- ciently fecured out of the Impofitions and Duties arifing and payable by this Aft, and alfo out of the Im- pofitions and Duties, which, from and after the Repayment of the faid Principal Money borrowed, as aforefaid, and the Intereft thereof, fhall arife by the faid Aft made in the fourth and fifth Years of their Majefties faid Reign, fliull be refpeftively anfwered and paid ; Be it further enafted by the Authority afore- faid. That there fliall be provided and kept in His Majefty's Exchequer, that is to fay, in the Office of the Auditor of Receipts, one Book or Regifter, in which all Monies, that fhall be lent into the Exchequer by virtue of this Aft, fliall be entred and regiltred apart and diflinft from all Monies paid or payable to His Majefty upon any other Branch of His Majefty's Revenue, or any other Account whatfoever ; and that all and every Perfon and Perfons, Natives or Foreigners, Bodies Politick and Corporate, who lliall lend any Money to His Majefty upon the aforefaid Credit, and pay the fame into the Receipt of Exchequer, fhall immediately have a Talley of Loan ftriick for the fame, and an Order for his or their Repayment, bearing the fame Date with the Talley; in which Order fhall be alfo contained a Warrant for Payment of Intereft for Forbearance, after the Rate fo to be allowed for the fame, fo as fuch Intereft do not exceed the Rates before mentioned, to be paid every three Months, until Repayment of the Principal ; and that all Orders for Repayment of Money fhall be regiftred in courfe, according to the Date of the Talley refpeftively, without Preference of one before another ; and that all and every Perfon and Perfons, Natives or Foreign- ers, Bodies Politick and Corporate, fliall be paid in courfe, according as their Orders firall ftand entred in the Regifter Book, fo as that the Perfon or Perfons, Bodies Politick or Corporate, who fliall have his or their Order or Orders firft entred in the faid Book of Regifter, fliall be taken and accounted as the firft to be paid upon the Monies to come in by 'irtue of this Aft, or any the before mentioned Afts, from and after the Repayment of the faid Sum of five hundred thoufand Pounds, borrowed as aforeiaiJ, and the In- tereft thereof; and he or they, who fhall have his or their Order or Orders next entred, fliall be taken and ■without undue accounted the fecond Perfon to be paid, and fo fucceffivcly and in courf* ; and that the Monies to come in Preference, and by this Aft or the'faid former Afts, fhall be in the fame Order liable to the Satisfaftion of the faid refpeftive not divertible. Parties, their Executors, Adminiftrators, SaccelTors, or AfSgns, refpeftively, without Preference of one before another, and not otherwife, andnot to be divertible to any other Ufe, Intent, or Purpofe whatfo- ever ; and that no Fee, Reward, or Gratuity, direftly or indireftly, be demanded or taken of any of His -•Majeftv's Subjefts, for providing or making of any fuch Books, Regifters, Entries, Vievi's, or Search, in or for Payment of Money lent, or the Intereft as aforefaid, by any of Majefty's Officer or Officers, their Clerks or Deputies, upon Payment of treble Damages to the Party grieved by the Party oftcnding with Cofts of Suit ; or if the Officer himfelf take or demand any fuch Fee or Reward, then to lofe fiis Place alfo; and if any undue Preference of one before another fhall be made, either in Point of Regiftry, or Pay- ■ ment, contrary to the true Meaning of this Aft, by any fuch Officer or Officers, then the Party offending fliall be liable by Aftion of Debt, or on the Cafe, to pay the Value of the Debt, Damages, and Cofts, to the Party grieved, and fhall be forejudged from his Place or Office; and if fuch Preference be unduly made by any his Deputy or Clerk, without Direftion or Privity of his Mafter, then fuch Deputy or Clerk only fhall be liable to fuch Aftion, Debt, Damages, and Cofts, and fliall be for ever after uncapable of his Place or Office : And in cafe the Auditor fhall not direft the Order, or the Clerk of the Pells record, or the Teller make Payment, according to each Perfon's due Place and Order, as afore direfted, then he or they fliall be judged to forfeit, and their refpeftive Deputies and Clerks herein offending, to be liable to fuch Ac- /Penaltieshowto tion, Debt, Damages, and .Cofts, in fuch Manner as aforefaid. All which faid Penalties, Forfeitures, IXi- ieiecoveied. mages, and Cofts, to be incurred by any of the Officers of the Exchequer, or any their Deputies or Clerks, '^' fhall jiies lent on this lender to have a Talley and Order with In- tereft. Orders to te re- giftred and paid in Courfe, No Fee to be taken for re- giftring or fearching, &c. Penalty on Of- ficer for making undue Entry or Payment, &c. i><
 * a Credit was given for borrowing any Sums, not exceeding five hundred thoufand rounds, as well upon
 * feveral Sums, amounting to five hundred thoufand Pounds, were aftually lent at the Receipt oi Exchequer^