Page:Ruffhead - The Statutes at Large - vol 3.djvu/719

 A. D. 1697. Anno o6lavo & nono G u L I E L M I III. C. 20. 663 Intereft {hall be all entirely paid ofF and difcharged ; anything in this A6t contained to the contrary not- withftanding. XLV. And to the Intent that all Perfons, concerned with the Governor and Comjiany of the Bank of England, may be fecured in their rcfpedtivc Debts and EfFeiSls, in cafe any Forfeiture fhould be committed, or any Judgment of P'ortclture or Seizure of the faid Corporation fliould be given for, or by reafon of, or under any Pretence of any Forfeiture whatfocver ; Be it enadtcd. That immeJiaiely upon luch Judgment irj.ijgment be given, all and every the Funds, yeaily Payments, and Monies payable out of ti: Exchequer to the Go- plvtnagaiiifl the „ „ _ . . ,. _ ed liereby (in fuch Cafe) actually vefted and fettled in four and twenty fuch Peilons as fhall be for that Pur- in 24 U'rufttcs pofe eleded and chofen by the Governor and Company of the Bank oi England, in a gen-- ral Court af- «'cfle<l for j fc-mbled before I'uch judgment given, during the Space of three Years, which faid Perfons fo elcdled, and ^'''"• the Survivors of them, during the faid three Years, Ihall be Truftees for the Purpofes aforefaid, and fliall and may receive, fue for, and recover the Money, Debts and Eftate of the faid Corporation, or which who may rc- would have belonged to the faid Governor and Company, in cafe no i'uch Judgment had been given, and with "?^vu, f , the Monies and Filate fo received azid recovered, fhall pay and difcharge all the Debts due and owing by Corporation the faid Corporation at the Time of fuch Judgment given, and perform and fulfil fuch Covenants and Con- and difcharge tracts as the faid Corporation at the Time of fuch Judgment given had entred into-, and were bound and fuch Judgment, obli.;ed to perform ; and after the faid three Years, or after the Debts and Eflate fo got in, paid and ap- plied, then that the Surplus, if any there fhall be, fhall be paid and divided amongft fuch Perfons as were Surplus to be dU Members of the faid Corporation at the Time of fuch Judgment given, according to their feveral Shares vided amongft and Proportions; and alfo that the yearly Sums afterv/ards payable at the Receipt of Exchequer to the faid ''"= Members. Corporation, fliall be vefled in, and payable quarterly to fuch Perfon and Perfons, their Executors, Admi- Ya^r^yPayments iiiilrators and Affigns, as were Members of the faid Corporation at the Time of fuch Judgment refpeiiively, iy|^a„j to be"" according to their i'everal Shares and Proportions in the faid Stock and Company, to be afcertained and fpe- transfenable cified in a Lift to be returned or given in by the faid Truilees, or the Survivors of them, under their Hands without Fee. and Seals, into the Office of the Auditor of the Receipt, and which fixid feveral yearly Payments fo fpeci- fied, fliall be from time to time transferrable and affignable by an Entry in a Book to be kept in the Of- fice of the Auditor of the Receipt for that Purpofe, without any Fee or Reward whatfoever; and that all Monies due to- the Monies due upon the faid Funds, or payable in the faid Receipt as aforefaid, {fiall be from time to time the faid Funds paid and applied to the faid Truftees to be elefted as aforefaid, during the faid three Years, and after- '° 5,?^^ "^^ wards to the faid feveral and refpeftive Peribns, their Executors, Adminiftrators and AfTigns, and not any ° '" "^' ■ways diverted or mifapplied, under the like Penalties, Forfeitures and Difabilities, as are given or im - and not miiap- pofed by an Aft or Afts of Parliament now in Force againft any Perfon or Perfons for diverting or mifap- P'"^''- ptying any Monies payable to any Perfon by the faid Afts of Parliament, or any of them. XLVi. Provided, That for the Encouragement of the faid Corporation to lend Monies upon Lands or Company may Tenements, and for Difcovery of Incumbrances thereon ; Be it enafted. That it fhall and may be lawful tranfaibe Doc- for the faid Governor and Company, or any Officer or Clerk to be employed by them, from time to time, ^<:'s of Extents,. to copy and tranfcribe the Dockets and Notes of any Extents, Judgments, Statutes or Recognizances, yf^jf^^'^^^"' ° kept in any of the Offices of the feveral Courts of Record at Weftminjler, paying to the Mafters or Clerks of the feveral Offices the ufual Rates and Fees for Search only of fuch Extents, Judgments, Statutes or Recognizances. XLVII. And be it enafted. That no Member of the faid Corporation ftiall be, or be adjudged liable NoMembertor to be a Bankrupt, within the Intent and Meaning of all or any the Statutes made againll or concerning ^'^ ^^J'^'s''^^ Bankrupts, for -or by reafon of their Stock or Intereft in the faid Corporation, and that no Stock in the stocknotiiable faid Corporation fhall be fubjedl or liable to any foreign Attachment by the Cuftom of London, or other- to foreign Ac- wife, tachment. XLVIII. And be it further enafted by the Authority aforefaid, That the Monies which from time to Money due on time fliall become due and payable by virtue of any Tally or Order, fubfciibed as aforefaid into the Capi- Tallies fubfcri- tal Stock of the faid Governor and Company by virtue of this Aft, as foon as conveniently may be, after ted into the d- the fame fhall be received out of the Exchequer, or any publick Office, by the faid Governor and Com- ["j',' d^'^'u b pany, their Officers, Servants and Agents, and at fartheft once in every four Months, fhall be divided by divided fo'foon the faid Governor and Company amongft the Members of the whole Corporation, rateably and in Propor- as received, or tion to their feveral and refpe)ftive Parts, Shares, and Interefts in the faid Capital Stock, for the particular, wi>hin4Months proper, and only Ufe and Behoof of the faid Members feparately, and in their private and perfonal Capa- ^^'"• cities ; any thing in this Aft, or in the aforefaid Aft for granting the faid Rates and Duties upon Tunnage ^"1 ^ ^ of Ships, and for erefting of the faid Bank, or in the Charter of Incorporation gianted to the faid Governor " ^' and Company, bearing Date at JVeJlminfLer the feven and twentieth Day of "July one thoul'and fix hundred ninety-four, or any Rule, Order, Ufage, Cuftom, Aft, Statute or Law whatfoever, to the contrary there- of in any wife notwithftanding. XLIX. Provided always, and be it enafted. That the faid Governor and Company, and their Succeflbrs, Debts of the {hall always take Care that the Sum total of all their Debts which they ill. I! owe at any one Time to any Bank n-ot to ex- ether Perfon or Perfons, Bodies Politick or Corporate, do not exceed the V:ilue of the Capital Stock, "^d the Value of which at any fuch Time fnall be and remain to rhe faid Governor and Company undivided ; and that in tt^^^^"'' cafe the faid Governor and Company, or their SuccefTors, by Virtue or Colour of the Power hereby given irc-o'vemor ?nd to them of dividing the Monies coming in by their Tallies and Orders, as aforefaid, or by any other Divi- Company lefcn dend whatfoever to be made amongft themfelves, or in their private or perfon:d Capacities, fliall reduce or iheir Stotk by lefTen their Joint Stock, or Capital, without limiting, paying ofF, or proportionahly reducing^ the Total Dividends, fo as Sum of. the faid Debts, which they fhall owe to others, as aforefaid, fo that the Value of their joint Stock, ofbI*«t'A^ffi." . - or '