Page:Ruffhead - The Statutes at Large - vol 4.djvu/454

 402 After the Prin- cipal, ,&c. of the former Adls are difcharged, the feveral Duties apropriated for the Ufes of this Aft. Borrowing Claufe at 61. per Cent, Lenders to have Tallies and Or- ders. No Fee for En- tries, &c. No undue Pre- ference, Sec, C. 13. Anno odavo Ann^e Reglnas. A. D. 1709. ' tioned, and are thereby made fubjeiEt and liable (together with fuch other Duties as are therein exprelF- ' ed) to the Satisfaftion of feveral principal Sums which were borrowed, or authorized to be borrowed, ' upon thofe Afts refpeftively, and the Intereft due, and to be due for the fame, which Principal and In- ' tereft are to be duly paid off and difcharged in the firft Place : Now it is hereby further declared and en- acted by the Authority aforefaid. That from and immediately after the Time that all the Principal and Intereft Monies, which by the faid former Aifts, or any of them, are charged or chargeable on the feveral Impofitions and Duties lait particularly mentioned (jointly with other Duties) as aforefaid, {hall be fully- paid off and fatisfied according to the true Meaning of the faid former Afts, or that fufficient Money (hall be referved in the Exchequer for that Purpofe ; then all the Monies which from. thenceforth (hall arife by the faid Impofitions upon Wines, Vinegar, and Tobacco, which were firil: granted to King James the Second in the firft Year of his Reign, and the faid Impofitions on Eqft India Goods, and other Goods charged therewith, which were firft granted to their late Majefties King William and Queen Mary in the fecond Year of their Reign, and the faid additional Impofitions which were firft granted to them in the fourth Year of their Reign, and the faid Duties on Whale Fins imported, which were granted to his late Majefty King William in the ninth Year of his Reign, for the Remainders of the Terms formerly panted, and therein then to come and unexpired (except the neceffary Charges of rnifing, levying, col- lefting, and accounting for the fame) fliall tVom time to time be paid into the Receipt of the Excliequer diftinftly, for the Purpofes in this K&. exprefled, and for no other Ufe, Intent or Purpofe whatfoever. VIII. Provided always, and it is hereby enafted by the Authority aforefaid. That it ftiall and may be lawful to and for any Perfon or Perfons, Natives or Foreigners, Bodies Politick or Corporate, to advance or lend to her Majefty, at the Receipt of her Majefty's Exchequer, as well upon Credit of the above- mentioned Impofitions and Duties by this Aft granted or continued, as alfo upon Credit of the Monies which by the faid former A£ts, after Satisfaction of the Principal and Intereft thereupon, as aforefaid, fhall arife by the Impofitions and Duties thereby granted, any Sums which fhall not exceed in the Whole one million two hundred and ninty-fix thoufand five hundred fifty-two Pounds nine Shillings and eleven Pence three Farthings, for the Service of the War, an'd other her Majefty's Occafions ; and that all the Lenders of fuch Sums refpeftively {hall have and receive Intereft, for the Forbearance thereof, after the Rate of fix Pounds fer Centum -per Annum ; and that no Money to be lent upon the Security of this Aft, {hall be taxed, rated or affeffed by any Aft of Parliament whatfoever. IX. And it is hereby further enafted. That all and every Perfon or Perfons, who {hall lend any Mo- ney upon fuch Credit, as aforefaid, and pay the fame into the Receipt of the Exchequer, {hall immediate- ly have a Talley of Loan ftruck for the fame, and an Order for his, her or their Repayment, bearing the fame Date with his, her or their Tallies ; in or upon which Order {hall alfo be contained a Warrant for Payment of Intereft for the Forbearance thereof, at the Rate aforefaid, and to be paid every three Months, until Repayment of the Principal ; and that all fuch Orders for Repayment of Money to be lent,, {hall be regiftred in Courfe, according to their Dates refpeftively, without other Preference of the one be- fore another ; and that all and every Perfon or Perfons fnall be paid in Courfe, according as their Orders fhall ftand regiftred in the faid Regifter Book, fo as the faid Perfon, Native or Foreigner, his, her or their Executors, Adminiftrators, Succeffors or AfEgns, who fhall have his, her or their Order or Orders firfl entred in the faid refpeftive Books of Regifter, {hall be taken and accounted the firft Perfon to be paid out of the Monies to come in by this Aft ; and he, {he or they who fhall have his, her or their Order or Or- ders next entred, {hall 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 Impofitions or Duties by this AcS gran- ted or continued, as aforefaid, as alfo the Monies, which by the faid former A£ts (after Satisfaftion of the Principal and Intereft thereupon, as aforefaid) {hall arife by the Impofitions and Duties thereby gran- ted, as aforefaid, fhall be liable in the fame Order to the Satisfaftion of the Monies to be lent, as afore- faid, to the refpeftive Parties, their Executors, Adminiftrators, Succeffors and Affigns refpeftively, with- out undue Preference of one before another, and not otherwife ; and fhall not be diverted or divertible to any other Ufe, Intent or Purpofe whatfoever ; and that no Fee, Reward or Gratuity, direftly or indireit- ly be demanded or taken of any of her Majefty's Subje£ls, 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 Damages to the Party grieved by the Party offending, with Treble Cofts of Suit; or if the Officer himfelf take or demand any fuch Fee or Reward, then he fhall alfo lofe his Place or Office ; or if any undue Peference of one before another fhall be made either in Point of Regiftry or Payment, or if any of the faid Money {hall be diverted or mifapplied contrary to the true Meaning of this Aft, by any fuch Officer or Officers, then the Party offending {hall be liable by Aftion of Debt, or on the Cafe, to pay the Value of the I>ebt, with Damages and Cofts to the Party grieved, and {hall be forejudged of his Of- fice and Place ; and if fuch Preference be unduly made by any his Deputy or Clerk, without the Direfti- on or Privity of his Mafter, then fuch Deputy or Clerk only fhall be liable to fuch Aftion, Debt, Da- mages and Cofts, and {hall be for ever after incapable of his Place and Office; and in Cafe the Auditor of the Receipt fhall not direft, or the Clerk of the Pells record, or the Teller make Payment according 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 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 of their Deputies or Clerks, {hall and may be recovered by Aftion of Debt, Bill, Suit or Information, in any of her Majefty's Courts of Record at Wejiminflery wherein no
 * faid, until the firft Day oi Augujl one thoiifand feven hundred and fixteen, in the Manner therein men-