Page:Ruffhead - The Statutes at Large - vol 4.djvu/403

 A. D. 1708. Anno feptlmo Ann^ Reginas. C. 7. 351 fans ; and that the faid Common Capital and Principal Stock, and real Funds of the faid Governor and Company of the Bank of England, and the faid Allowances after the Rate of three Pounds per Centum per Annum, the faid Exchequer Bills, whilfl in the Hands of the faid Governor and Company, and the par- ticular Part, Share, and Intereft of every Member of the faid Corporation in the faid Stock, Funis, Al- lowances, and the faid Bills, whilfl: fuch Bills fhall be in the Hands of the faid Governor and Company, as aforelaid, fhall not be liable or fubjeft to any Foreign Attachment by the Cuftom oi London, or other- and not liable to wife ; any thing in this Atl, or in any other Aft contained, or any other Law, Statute, Provifion, Ufage, Foreign Aitach- or Cuftoin to the contrary notwithftanding. "'^"^• LXIII. And it is hereby further enatted by the Authority aforefaid, That the original Fund of the faid The original Governor and Company of one hundred thoufand Pounds per Annum before mentioned, and all Profit, F""^> ^'^- " •>= Benefit and Advantage, from time to time arifing out of the Management of the faid Corporation, and ^J'''^? JT m° alfo the faid Annuity of one hundred and fix thoufand five hundred and one Pounds thirteen Shillings and ters. five Pence per Annum, and likewife the faid Allowance after the Rate of three Pounds per Centum per An- num for circulating the Exchequer Bills to be made in purfuance of this Aft, fhall (the Charges of ma- naging the Bufinefs of the faid Governor and Company, only excepted) be applied from time to time, to the Ufes of all the Members of the faid Corporation of the Governor and Company of the Bank o'i Eng- land for the Time being, ratably and in Proportion to each Member's Part, Share, and Intereft in the common Capital and principal Stock of the faid Governor and Company hereby continued, enlarged, and eftablillied. LXIV. Provided always, and it is hereby enafted by the Authority aforefaid, That the feyeral and re- Subfmbers of fpeftive Perfons who have fubfcribed the feveral Sums in the faid Books, amounting to the faid Sum of ^'^°'»'7ilio'' two millions two hundred and one thoufand one hundred feventy-one Pounds ten Shillings, or for whom ^nTFifth T"* a fuch Subfcriptions have been made, and have paid down one fifth Part of each Sum fubfcribed, as afore- jh^ Remainder faid, or their refpeftive Affigns, fhall, and they are hereby refpeftively enjoined and required to pay to into the Bank, the faid Governor and Company, or their Cafhier, for their Ufe, the remaining four fifth Parts of every 'Sum fo fubfcribed or written in the faid Books, or any of them, againft their Names refpeftively, and alfo every Sum of fifteen Pounds, or after that Rate, to be added to every hundred Pounds, or any greater or leffer Sum fubfcribed, as aforefaid, at fuch Times, and by fuch Proportions, as the Court of Direftors at fuch Times ai of the faid Governor and Company for the Time being, or the major Part of them, fhall appoint in that the Direftors Behalf, fo as publick Notice thereof be given as well in the London Ga%ette^ as by a Paper to be figned '^" appoint. by the Secretary of the faid Governor and Company, and fixed upon the R.oyal Exchange in London, at Jeaft ten Days before the refpeftive Days of Payment fo appointed and in cafe Default Ihall be made in Defaulters to any of the faid Payments fo appointed and notified, then the Perfon or Perfons making fuch Default, p^l^^^*"^'^, ihall forfeit the fifth Part fo paid down, as aforefaid, to the faid Governor and Company of the Bank of " ^^' England, and their SucceflTors, and in refpeft of fuch fifth Part fhall not be entitled to any Share or Divi- dend out of the Capital Stock of the faid Governor and Company ; any thing herein contained to the contrary thereof in any wife notwithftanding. LXV. Provided always, and be it enafted by the Authority aforefaid. That it fhall and may be lawful Bank may make •itO and for the faid Governor and Company of the Bank oi England fo enlarged and conftituted,- as afore- Dividends, &c. jfaid, and their Succeflbrs, at any Time or Times hereafter, when they fhall find it fafe and convenient, .to reduce or lelTen their Capital Stock increafed as aforefaid, by any Dividend or Dividends to be made ■among the then Members of the faid Corporation in their private or perfonal Capacities, ratably and in taking Care that Proportion to their refpeftive Shares and Interefts therein, taking Care that the Sum total of all their the Debts tiiey Debts which they fhall owe at any one Time to any Perfon or Perfons, Bodies Politick or Corporate, do "'all owe, exceed not exceed the Value of the Joint' and Capital Stock, and fuch other Eftate which at any fuch Time 5°^'^^'^' Capital Ihall be and remain to the faid Governor and Company undivided; and that in cafe the faid Governtsr and Company, or their SuccefTors, by any Dividend whatfoever to be made amongft themfelves in the4r ■private or perfonal Capacities, fliajl reduce or lefien their joint Stock or Capital, without limiting, pay- •ing off, or proportionably reducing the total Sum of the faid Debts which they fliall owe to others, as aforefaid, fo that the Value of their joint Stock and Capital, and other their Eftate then remaining undi- vided, fhall not be fufficient to aniwer their juft Debts then remaining unpaid ; in every fuch Cafe the in fuch Cafe the particular Members of the faid Corporation of the Governor and Company of the Bank o'i England, and particular Mem- every of them refpeftive, who in their private or perfonal Capacities fhall receive any Share of fuch Divi- bcrs vhohave dend, fhall be feverally liable, and they are hereby made liable, fo far as the refpeftive Shares fo by them '^"^"^'^P^c"^, refpeftively received upon fuch Dividend will extend, to pay and fatisfy the Debts which fliall remain due Dividend Aall and unpaid by the faid Governor and Company, to any other Perfon or Perfons, Bodies Politick or Cor- be, fo far as that porate, as aforefaid, who by virtue of this Aft fhall or may fue for and recover the fame (befides Treble w.U extend, !i- Cofts) by AftionofDebt, or upon the Cafe, as is before-mentioned; any thing in this, or any former ^•'^ '° P^?"^ Aft, Charter, or otherwife howfoever to the contrary in any wife notwithftanding. '^t'sank'"^ LXVI. Provided always, and it is hereby further enafted. That from and after the compleat paying "^ ^Vsills off, and difcharging the faid Principal and Intereft due on all the faid Exchequer Bills to be iffued in pur- j^j^fijifcharped fuance of this Aft, and cancelling all the Bills, and full Satisfaftion made as aforefaid, of all Arrearages the Duties are of the faid Allowances, after the Rate of three Pounds per Centum per Annum for circulating the fame, redeemed. then, and not till then, the feveral Duties by this Aft fettled or appropriated, as well for Payment of the faid Intereft, after the Rate of two Pence per Centum per Die?n, and the faid Allowance after the Rate of three Pounds />(?r Centum per Annum, as for raifing the faid yearly Sum of two hundred thoufand Pounds, and every of them, fhall be underftood to be redeemed by Parliament, and fhall not be iffued, paid or ap- plied