Page:Ruffhead - The Statutes at Large - vol 4.djvu/355

 A. D. 1707; Anno fexto Ann^ Reginas. C. 19. 303 of the faid Receipt of Exchequer to receive from time to time by way of Loan, from any Perfon or Per- fons, Bodies Politick or Corporate, willing to make the fame at the faid Receipt, any further Sum and Sums of Money, over and above the faid Sum of feven hundred twenty-nine thoufmd fixty-feven Pounds, fifteen Shillings, and fix-pence three Farthings, as fhall be fufficient to make good the Payment of all the Intereft Monies appointed or allowed by this Aft, every three Months, until the faid Sudfidies, Impo- fitions, and Duties arifmg by this, or the faid Aft of the fifth Year of her Majefty's Reign, or either of them firfl happening, fhall come into the Exchequer, and be fufficient for that Purpofe, purfuant to the Intent and Meaning of this Aft; and that all the Lenders, as well of the faid Sum, not exceeding feven hundred twenty-nine thoufand fixty-feven Pounds fifteen Shillings and fix Pence three Farthings, as of the faid further Sums for making good the Payment of the intermediate Intereft, as aforefaid, fhall have and receive Intereft for the Forbearance thereof, after the Rate of Six Pounds ji^r Centum per Annum, and ^' *'• P"Cent. that no Money to be lent upon the Security of this Aft fhall be taxed, rated, or aileffed by any Aft of T";*^'"" ■ni-^il^r Sec % Ann. c. I'l. ran lament whatloever. r u, XVII. And it is hereby further enafted. That all and every Perfon or Perfons, who fhall lend any Money upon fuch Credits, as aforefaid, and pay the fame into the faid Receipt of Exchequer, fhall im- }^']^"^ to have mediately have a Talley of Loan ftruck for the fame, and an Order for his, her, or their Repayment, j/„'ftrucl( &c" bearing the fame Date with his, her, or their Tallies ; in or upon which Order fhall be alfo contained a ' Warrant for Payment of Intereft for the Forbearance thereof, at the Rate aforefaid, and to be paid every Payahle every three Months, until the Repayment of the Principal ; and that all fuch Orders for Repayment of Money 3 Months ; to be lent, fliall be regiftered in Courfe, according to the Dates refpeftively, without other Preference of one before another ; and that all and every Perfon and Perfons fhall be paid in Courfe, according as their Orders to be re- Orders fhall ftand regiflred in the faid RegifterBook, fo as the faid Perfon, Native or Foreigner, his, her. giftred and paid or their Executors, Adminiftrators, Succeflbrs, or AfTigns, who fhall have his, her, or their Order or '" Courfe, &c. Orders firft entred in the faid refpeftive Books of Regifter, fhall be taken and accounted the firft Perfon to be paid out of the Monies to come in by this Aft, and he, fhe, or they, who fhall have his, her, or their Order or Orders next entred, fhall be taken and accounted to be the fecond Perfon to be paid, and fo fucceflively, and in Courfe ; and that the Monies to come in of or for the feveral Subfidies, Impofitions, or Duties by this Aft granted or continued, as aforefaid, and alfo the Monies which by the faid Aft of the fifth Year of her Majefty's Reign, (after Satisfaftion of the Principal and Intereff thereupon, as aforefaid) fhall arife by the Subfidies, Impofitions, and Duties thereby granted, as aforefaid (except the faid Duties to arife by Prizes and Seizures, other than the Duty of five and twenty Pounds per Ton before-mentioned ) fhall be liable in the fame Order to the Satisfaftion of the Monies to be lent, as aforefaid, to the refpeftive Parties, their Executors, Adminiftrators, SuccelTors, and Affigns refpeftively, without undue Preference wlthont undue of one before another, and not otherwife, and fhall not be diverted or divertible to any other Ufe, Intent, Preference or or Purpofe whatfoever ; and that no Fee, Reward, or Gratuity, direftly or indireftly, be demanded or ^"' ^'^• taken of any her Majefty's Subjefts, for providing or making of any fuch Books or Regifters, or any Entries, Views, or Search in or for Payment of Money lent, or the Intereft thereof, as aforefaid, by any of her Majefty's Officer or Officers, their Clerks or Deputies, on Pain of Payment of Treble on Pain of treble Damages to the Party grieved, by the Party offisnding, with treble Cofts of Suit ; or if die Officer himfelf Damages, &c. take of 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 Aft, by any fuch Officer or Officers, then the Party offending ftiall be liable by Aftion of Debt, or on the Cafe, to pay the Value of the Debt, with Damages and Cofts, to the Party grieved, and fhall be and to pay the forejudged of his Place or Office ; and if fuch Preference be unduly made by any his Deputy or Clerk, with- Debt, &c. out Dlreftion or Privity of his Mafter, then fuch Deputy or Clerk only fhall be l.able to fuch Aftion, clerk liable Debt, Damages, and Cofts, and fhall be for ever incapable of his Place and Office ; and in cafe the Au- ditor of the Receipt fhall not direft, or the Clerk of the Pells record, or the Teller make Payment accord- ing to each Perfon's due Place and Order, as before direfted, 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 in- curred by any of the Officers of the Exchequer, or any their Deputies or Clerks, fhall and may be reco- vered by Aftion of Debt, Bill, Suit, or Information, in any of her Majefty's Courts of Record at TFeJi- minjfer, wherein no Effoin, Proteftion, Privilege, or Wager of Law, Injunftion, or Order of Reftraint, fhall in any wife be granted or allowed. XVIII. Provided always, and be it hereby declared, That if it happen that fe?eral Tallies of Loan, or Tallies bearing Orders for Payment, as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Receipt Date the fame to be regiftred, then it ftiall be interpreted no undue Preference which of thofe be entred firft, fo as he en- I?^5^' "° ""''"' ters them all the fame Day. _ Preference. XIX. Provided alfo. That it fhall not be interpreted any undue Preference to incur any Penalty in Point No Penalty to of Payment, if the Auditor direft, and the Clerk of the Pells record, and the Tellers do pay fubfequent i"™"-. if fubfe- Orders to Perfons that come and demand their Monies, and bring their Orders, before other Perfons that ^"^"^ ^'^"^ ^^ did not come to take their Monies, and bring their Orders in their Courfe, fo as there be fo much Money ' ^' ' '^' referved, as v/ill fatisfy precedent Orders, which fhall not be otherwife difpofed, but kept for them ; In- tereft upon Loaii being to ceafe from the Time the Money is fo referved and kept in Bank for them. XX. And be it further enafted. That all and every Perfon and Perfons, to whom any Monies fhall be Orders aflign- due for Loans, to be regiftred by Virtue of this Aft, after Order entred in the Book of Regifter, as afore- ^''" laid, his Executors, Adminiftrators, or Affigns, by proper Words of Affignment to be indorfed and writ- ten upon his Order, may affign or transfer his Right, Title, Intereft, and Benefit of fuch Order, or any Part