Page:Ruffhead - The Statutes at Large - vol 4.djvu/450

 398 e.g. Anno oftavo Ann^ Reglnae. A. D. 1709, Where any Tiling ftiall be given to any Mafler, not be- ing Money, the ful) Value of fuch Thing to be nnfwered for the Duties, See further con- cerning Duties on Indentures, 9 Ann. c. zi,f. 66. EorrowingClaufe of 500,000 i, at 61, per Cent, any Damage whatfoever, fuch Officer fo ofFending fhall be liable, by any Aftion to be founded on this Statute, to anfwer to the Party grieved all fuch Damages with Treble Cofts of Suit, XLV, And be it declared and further enaited by the Authority aforefaid. That from and after the faid firft Lenders to have Tallies and Or- ders Aruck, &c. No Fee to be de- manded. No undue Pre- ference, &€. What (hall not be interpreted undue Prefe- rence, Rcfpeft of any fuch Clerk, Apprentice or Servant for whom a Duty is chargeable by this A£t; the Du- ties hereby granted and lall-mentioned fliall be anfwered and paid for the full Value or Values of fuch Thing or Things, and the fame Duties for the faid Values fliall be fecured and anfwered in the fame Manner and Form, and under the like Pains, Penalties, Forfeitures and Incapacities as are before in this Afl provided for fecuring the faid Rates upon Monies given or paid, or agreed to be given or paid, with fuch Clerks, Apprentices or Servants as aforefaid. 6 Geo, I. c. n, ZCco, z. c.zz, 20 Ceo, 2. f, 45, 32 Gfo. 2. c, 13. XLVI. Provided alfo, and it is hereby further enadted by the Authority aforefaid. That it fhall and may be lawful.; to and for any Perfon and Perfons, Natives or Foreigners, Bodies Politick or Corporate to_ advance and lend unto her Majefly, at the Receipt of her Majefty's Exchequer, upon Credit of the faid feveral Duties, Rates and Sums of Money by this Act granted, and to be raifed in the feveral Parts ot Great Brhahi as afoi'efaid, any Sums which (hall not exceed in the whole the Sum of five hundred thoii- fand Pounds, and to have and receive for the Forbearance thereof, Intereft after the Rate of fix Pounds ■per Cimtimi per Annum ; and moreover, T'hat no Money to be lent upon the Security of this A£t, fliall be rated or alTefied by virtue of this A£t, or any other A£t of Parliament whatfoever. XLVII. And it is hereby further enafted. That ail and every Perfon or Perfons who fhall lend any Money upon the Credit of this Aft, and pay the fame into the faid Receipt of Exchequer, fliall immedi- ately have a Talley of Loan ftruck for the fame, and an Order for his, her or their Repayment, bearino- the fame Date with his, her or their Tallies ; in or upon which Order fhall be alfa contained a Warrant for Payment of Intereft for the Forbearance thereof, at the Rate aforefaid, and to be -paid every three Months, until the Repayment of the Principal ; and that all fuch Orders for Repayment of Money to be lent, fhall be regiftred in Courfe, according to the Dates refpectively, without other Preference of one before another; and that all and every Perfon and Perfons fhall be paid in Courfe, according as their Orders fhall ftand regiitred in the faid Regifier Books, fo as the faid Perfon, Native or Foreigner, his Ex- ecutors, Adminiftrators, Succe:!ors or Afiigns, who flrall have Order or Orders firft entred in the faid refpeftive Books of Regifter, fnall be taken and accounted the firft Peifon to be paid out of the Monies to come in by virtue of this A£l ; and he or they who fnall have his 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 by this Adc, of or for the faid feveral Duties, Rates and Sums of Money to be raifed m Great Britain as aforefaid, fliall be in the fame order liable to the Satisfadion of the Monies to be lent as aforefaid, to the refpeclive Parties, their Executors, Adminiftrators, Succeflbrs or Affigns re- fpeilively, without undue Preference of one before another, and not otherwife, and fhall not br diverted or divertible to any other Ufe, Intent or Purpofe whatfoever, under the Penalties, Forfeitures and Difa- , bilities herein after mentioned ; and that no Fee, Reward, or Gratuity, dire£tly or indireftly, be demand- ed 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 Da- mages to the Party aggrieved by the Party offending, with Treble Cofts of Suit; or if the Officer him- f'elf take or demand any fuch Fee or Reward, then he fhall alfo lofe his Place or Office ; and if any un- due Preference of one before another ftiall be made, either in Point of Regiftry or Payment, or if any of the faid Money fhall be diverted or mifapplied contrary to the true Meaning of this AQ., by any fuch Of- ficer 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 forejudged of his Office or Place; and if fuch Preference be unduly made by any his Deputy or Clerk, without Diredlions or Privity of his Mafter, then fuch Deputy or Clerk only fiiall be liable to fuch AcSion, Debt, Damages and Cofts, and fha;l be for ever sfter incapable of his Place or Office ; and in Cafe the Auditor of the Receipt fhall not dire£t the Order, or the Clerk of the Pells Record, or the Teller make Payment ac- cording to each Perfon's due Place and Order as before directed, then he or they fhall be adjudged to forfeit, and the refpeftive Deputies and Clerks herein offending, to be liable to fuch Action, Debt 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 A<fHon of Debt, Bill, Plaint or Information in any of her Majefty's Courts of Record ixWejbninJhr, wherein no Effbin, Proteftion, Privilege, Wager of Law, Injunction or Order of Reftraint fhall be in any wife granted or allowed. XLVIII, Provided always, and be it hereby declared. That if it happen that feveral Tallies of Loan, or Orders for Payment as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Re- ceipt to be regiftred, then it fhall be interpreted no undue Preference which of thofe be entred firft, fa as he enters them all the fame Day. XLIX. Provided alfo. That it Ihall 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 to Perfons that come and demand their Monies, and bring their Orders before other Rer- fojis