Page:Ruffhead - The Statutes at Large - vol 4.djvu/225

 A. D. 1704. Anno tertio & quarto Ann^ Reginag. C. 5. 173 tred, fliall be taken to be the fecond Perfon to be paid, and fo in courfe ; and that the Monies to come in by the faid Subfidy of Tunnage and Poundage, and other the Duties hereby granted, fhall be in the fame Order liable to the Satisfaction of the faid refpeftive Perfons, their Executors, Admini- No undue Pre- ftrators, or Afligns fucceflively, without undue Preference of one before another, and not otherwife, and defence. Ihall not be diverted or divertible to any other Ufe, Intent, or Purpofe whatfoever ; and that no Fee, Nor Fee to beta- Reward, or Gratuity, diredly or indireftly, be demanded or taken of any of her Majefty's Subjefts for ^" *"' Entries, providing or making of any fuch Books or Regifters, or any Entries, Views, or Search in or for Payment of Money lent, or the Inferefl: thereof, as aforefaid, by any of her Majefty's Officer or Officers, their Penalty on Offi- Clerks or Deputies, on Pain of Payment of treble Damages to the Party aggrieved by the Party offend- '"= or Clerks ing, with treble 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 iii point of Regiftry or Payment, contrary to the true Meaning of this Aft, by any fuch Officer or Officers, then the Party offending fhall be liable, by Action of Debt, or on the Cafe, to pay the Value of the Debt, with Damages and Cofts, to the Party grieved, and fhall be for ever incapable of his Place or Office ; and if fuch Preference be unduly made by any his Deputy or Clerk, without Direflion 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 incapable of his Place or Office ; and in cafe the Auditor of the Receipt fhall not direft, or the Clerk of the Ptlls record, or the Teller make Payment, according to each Perfon's due Place • and Order, as afore dire£led, then he or they fhall be adjudged to forfeit, and the refpeftive Deputies- and Clerks herein offending, to be liable to fuch Aftion, Debt, Damages, and Cofts, in fuch Manner as aforefaid : All which faid Penalties, Forfeitures, Damages, and Cofts, to be incurred by any of the Officers of the Exchequer, or any their Deputies or Clerks, fhall and may be recovered by Aftion of Debt, Bill, Plaint, or Information, in any of her Majefty's Courts of Record zt We/fminjier, wherein no Eflbin, Protedlion, Privilege, Wager of Law, Injunftion, or Order of Reftraint, fhall be in any wife granted or allowed. VII. Provided tilways, and be it hereby declared. That if it happen that feveral Tallies of Loan, or What fliall not Orders for Payment, as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Receipt be accounted un- to be regiftred, then it fhall be interpreted no undue Preference which of thofe be entred firft, fo as he^"* Preference, enters them all the fame Day. VIII. Provided alfo, That it fhall not be interpreted any undue Preference to incur any Penalty in Point of Payment, if the Auditor direft, and the Clerk of the Pells record, and the Tellers do pay fub- fequent Orders of Perfons that come and demand their Monies, and bring their Orders, before other Per- fons that did not come to take their Monies, and bring their Orders in their Courfe, fo as there b^ fo much Money referved as will fatisfy precedent Orders, which fhall not be otherwife difpofed, but kept ^ for them ; Intereft upon Loan being to ceafe from the Time the Money is fo referved and kept in Bank for them. IX. And be it further enacted. That all and every Perfon and Perfons, to whom any Money fhall Orders may be be due for Loans by virtue of this Aft, after Order entred in the Book of Regifter, as aforefaid, his or affigned, and Af- their Executors, Adminiftrators, or Afligns, by Indorfement of his Order, may affign or transfer his fiEnes may afligij Right, Title, Intereft, and Benefit of fuch Order, or any Part thereof, to any other; which being ^S""* notified in the Office of the Auditor of the Receipt aforefaid, and an Entry or Memorial thereof alfo made in the faid Book of Regiftry (which the Officers fhall upon Requeft, without Fee or Charge, ac- cordingly make) fhall intitle fuch Affignee, his Executors, Adminiftrators, SuccefTors, and Affigns, to the Benefit thereof, and Payment thereon ; and fuch Affignee may in like Manner affign again, and fo iotles qujtjes, and afterwards it fhall not be in the Power of fuch Perfon or Perfons, who fhall make fuch Affignments, to make void, releafe, or difcharge the fame, or any the Monies thereby due or any Part thereof, X. And be it further enafted by the Authority aforefaid. That all the Monies which fhall be lent to Monies how aji her Majefty on the Credit of the faid Subfidies and Duties by this Aft granted, and all the Monies which gropriated. are or fliall be lent, contributed, or advanced to her Majefty, upon every or any other Aft or Afts of this- Seffion of Parliament, for granting any Aid or Supply to her Majefty for carrying on the prefent War,, and other her Majefty's necefTary and important Occafions ; and fo much of the feveral Taxes and Du- ties granted in this Seffion of Parliament for the Purpofes aforefaid, and charged or chargeable with Loans made or to be made thereupon, as fhall remain (over and above the Monies thereof which are in the firft Place to go and be applied in Repayment and Satisfaftion of all the faid Loans, made or to be made thereupon, or upon any of them, and the Intereft thereof refpeftively, and over and above the Charges to be allowed for raifing the faid Taxes and Duties refpeftively) fhall be appropriated, ilTued, and applied, and the fame are hereby appropriated for or towards the feveral Ufes and Purpofes herein after exprefTed' (that is to fay) for or towards the Defraying the Charges of the Ordinary of her Majefty's Navy, and for Viftuals, Wages, Wear, Tear, and other Services of the Navy, and the Viftualling thereof, per- formed and to be performed ; and for the Sea Service in the Office of the Ordnance, performed and to be performed, for or to>vards the fupplying of Ordnance Stores for Sea Service, and for and towards the making of a Wharf and Storehoufe zt Port/mouth, and for paying the Bounty or Reward, which her Majefty fliall be pleafed to beftow, in Confideration of the good Service of thofe who were on Board, her Majefty's Fleet, or at Gibralter, at the Time of the late Engagement in the Mediterranean Sea; and for or towards the Land Services, performed and to _he performed, by the faid Office of the Ordnance, and to and for Subfiftence, Off-reckonings, and clearings for one Year, from the three and twentieth Day of December one thoufand feven hundred and four, to her Majefty's Guards and Garifons in England^ and-