Page:Ruffhead - The Statutes at Large - vol 4.djvu/125

 A'. D. 1700. Anno duodecimo & declmo tcrtio Gulif.lmi III. C. i 2. 70 VII. And be it enabled. That the Comptroller of the Excife for the Time being flir.ll keep a perfect' CcirrtrJicr of and diftiniSt Account, in a Book or Books fairly written, of all the Monies which fliall arifc by the faid ^"'^^,,'"^'f''^Fj particular Branches of Excife, out of which the faid weekly Payments are to be m;'.de as afcrefaid, as the t^c Merits a'li- fame fliall from Time to Time arife or be raifed (to which Books all Peifons concerned fliall, at all fea- f^j, by it.e i-ar- fonable Times, have free Accefs, v/ithout Fee or Charge) and fuch ConiptroUer, in Default thereof, ticular Brancbet fliall forfeit his Office or Place, and be re-ndred incapable as aforefaid, and ftall alfo forfeit the Sum of of Excife. one hundred Pounds for every fuch Default, to any Pcrfon or Perfons who v/iil inform or fue for the kmt, P'^^^l'y- as is before mentioned. VIII. And to the End the faid v/eekly Sum of three thoufand feven hundred Pounds, and all the Pay- ments hereby direiSted to be made into the faid Receipt of Exchequer, for or upon Account of the fame, ■ may be made a Fund or Security for borrowing thereupon any Sum or Sums of Money, not exceeding eight hundred and twenty thoufand Pounds, and for Repayment thereof, with Interelt lor the fame. Be it further enacted by the Authority aforefaid. That there fhall be provided and kept in .the Office of the Au- Auditor to cntsr ditor of the Receipt of Exchequer one Book, in which all the Adonies which ought to be paid in weekly '" ^ '. °'!'^ '^^ as aforefaid, for or upon Account of the faid weekly Sums out of the fiid particular Bnuichcs of Excife, jn^^j-iy^'^^'.' and which fhall be brought to the faid Receipt, fliall be entred apart and diftinct from all other Monies paid into the faid Receipt, on any other Account whatfoever. IX. And it is hereby further enadted by the Authority aforefaid. That it fliall and may be lawful to Pcrfon! may and for any Perfon or Perfons, Natives or Foreigners, Bodies Politick or Corporate, to advance and lend l^'^d Sio.ooo'. to his Majefty, at the faid Receipt of Exchequer, any Sum or Sums of Money, not exceeding the Sum ^"lnems'-c of eight hundred and twenty thoufand Pounds, upon Credit of the weekly Payments hereby appointed to  ""'"" Annum., for the firft four hundred thoufand Pounds, and feven Pounds per Centum per Annum, for the re- ■ maining four hundred and twenty thoufand Pounds; which Intereft fhall be payable every three Months • from the refpeflive Dates of the (aid Tallies of Loan, until the Satisfaction of the faid refpeftive Principal ■ Sums; and all and every fuch Order and Orders, and the Monies therein to be contained, or any Part thereof, fhall be alEgnable and trasferrable, .without Power of Revocation, fo as the Aflignments thereof be indorfed on the refpeftive Orders, and entred or notified in the Office of the Auditor of the Receipt of Exchequer, in a Book to be there kept for that Purpofe; and that all and every the Sum and Sums of Money fo to be lent to his Majefty, upon Credit of the faid weekly Payments, fhall be free from all Man- Money lent not ner of publick Taxes and Impofitions whatfoever; and that a diftinft Regifter fhall be kept in the faid to be taxed. Receipt of Exchequer, of all the Orders for Repayment of the faid Sum not exceeding eight hundred and twenty thoufand rounds, in which all the faid Orders fhall be regifl:ered in Courfe, according to the '•Dates of the Tallies refpe£tively, without any other Preference of one before another; and that all and every Perfon and Perfons fliall be paid in Courfe, according as their Orders fhall ftand entred in the faid Regifter; and that all the Monies to come in by this Act, of or for the faid weekly Payments appropri- ated for Repayment of Loans, and the Intereft thereupon as aforefaid, fhall be in the fame Order liable ■ t-o the SatisfatStion of the refpective Lenders, their Executors, Adminiftrators, and Alligns refpecStively, arcording to the Dates of their Tallies, and fhall not be diverted or divcrtible to any other Ufe, Intent, or Purpofe v hatfoever; and that no Fee, Reward, or Gratuity, direftly or indireftly, be dem.anded or No Fee tote ] taken for providing or making of any Books, Entries, Regiftcrs, Views, or Search, in or for Payment of taken, &c. ■ Money lent upon the faid weekly Payments, out of the faid Branches of Excife, or Intereft as aforefaid, by any of his Majefty's Officer or Officers, their Clerks or Deputies, on Pain of Payment of treble Da- Penalty, mages to the Party aggrieved by the Party offending, with Cofts of Suit, or if the Officer himfelf take and demand any fuch Fee or Reward, then to lofe his Place alfo; and if any undue Preference of one be- Penalty on Offi- fore another fhall be made, either in Point of Regiftry or Payment, ' contrary to the true Meaning of this "■■ making un- 'A£t, in reference to the faid Principal and Intereft, payable out of the faid weekly Sums charged on the ^"^ Pirfereiue faid particular Branches of Excife, then the Party oifending fhall be liable, by AcStion of Debt or on the '" "y""^" ' ^ Cafe, to pay the Value of the Debt, Da:rages, and Cofts. to the Party aggrieved, and fhall be forejudged of his Place or Office; and if fuch Preference be unduly made by any his Deputy or Clerk, without Di- rection or Privity of his Mafter, then fuch Deputy or Clerk fliall alfo be liable to fuch Action of Debt, Damages and Cofts, and fhall be for ever after incapable of any Place or Office; and in cafe the Auditor i' all 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 directed, in reference to the faid weekly Sum of three thou- fand and feven hundred Pounds, or the faid Principal and Intereft to be paid out of the fame, then he or . they fhall be adjudged to forfeit, and they and their refpeftive Deputies and Clerks herein offending, to he liable to fuch Aftion, Debt, Damages, and Cofts, in fuch Manner as aforefaid; all which faid Penal- Penalties 6ow to ties and Forfeitures to be incurred by any of the Officers of the f^xchequer, or any their Deputies and be recovered. Clerks,- fhall and may be recovered by A<£tion of Debt, Bill, Plaint, or Information, in any of his Ma- jefty's Courts of Record ix Wtjlnunftcr, wherein noElFoin, Protcfiion, Privilege, Wager of Law, In- junition, or Order of Reftraint fhall be in any wife granted or allowed. • ■ X. Provided always, and be it hereby declared, That if it happen that fereral Tallies of Loan, or Orr No-nndne Pre- tlers for Repayment of Money lent upon the faid weekly Sums out of the faid Branches of Excife, bear Orders Tear '* Date or be brought the fame Day to the Auditor of the Receipt to be regiftred, then it fhall be interpreted r)a,c ifce Utos tio undue Preference which -of thofe he enters firft, fo he enters them all the fame Day. Day, XI. Pro-