Page:Ruffhead - The Statutes at Large - vol 4.djvu/514

 462 C. I 2. Anno nono Annje Reglnse. A. D. 1 7 10. jSo/OOol.may be borrowed on this Aft at 61. per Cent. TdX- fiee. Lenders to have Tallies and Or- ders, AnA paid in Couife. No utidue Pre fereoce. Salt, and upon ftampt Vellum, Parchment and Paper, thereby granted or referred unto, or for detaining, diverting or mifapplying any Part of the Monies which were granted or appropriated by the A£i: laft mentioned. _ ^ XXX. Provided always, and it is hereby further enafted by the Authority aforefaid, That it (hall and may be lawful to and for any Perfon and Perfons, Natives or Foreigners, Bodies Politick or Corporate, to advance and lend to her Majefty, at the Receipt of her Majeflry's Exchequer, upon the Credit of the faid feveral Rates, Duties and Sums of Money, by this Aft granted, and to be raifed in the feveral Parts of Great Britain as aforefaid, any Sums which fhall not exceed in the whole the Sum of one hundred and eighty thoufand Pounds, and to have and receive, for the Forbearance thereof, Interefl: after the Rate of fix Pounds per Centum per Annum ; and moreover, that no Money to be lent upon the Security of this Aft, fhall be rated or affefied, by virtue of this Aft, or any other Aft of Parliament whatfoever. XXXI. And it is hereby further enafted. That all and every Perfon or Perfons, who fhall lend any Rdoney upon the Credit of this Aft, and pay the fame into the Receipt of the Exchequer, fhall immedi- ately have a Talley of Loan ffruck 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 fhall be alfo contained a Warrant for Payment of Intereft for the Forbearance thereof, at the Rate aforefaid, to be paid every three Months until Repayment of the Principal ; and that all fuch Orders for Repayment of Money to be lent, fhall b? regiftred in Courfe, according to the Dates refpeftively, without other Preference of one before another j and that all and every Perfon and Perfons fhall be paid in Courfe, according as their Orders fhall flani regiftred in the faid RegiPcer Books, fo as the faid Perfon, Native or Foreigner, his Executors, Admini- ftrators or Affigns, who fiiall have his Order or 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 Virtue of this Aft ; and he or they who fhall have his or their Order or Orders next entred, fhall be taken and ac- counted to be the fecond Perfon to be paid, and fo fucceffively and in Courfe ; and that the Monies to come in by this Aft, of or for the faid feveral Rates, Duties and Sums of Money to be raife'd in Great Britain as aforefaid, fhall be in the fame Order, liable to the Satisfaftion of the Agonies to be lent as aforefaid, to the refpeftive Parties, their Executors, Adminiftrators, SuccelTors or Affigns refpeftively, without un- due 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 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 Damages to the Party aggrieved, by the Party offending, with treble Cofts of Suit; or if the Of- ficer himfelf take or demand any fuch Fee or Reward, then to lofe his Place alfo ; and if any undue Prefe- rence 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 fhall 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 Direftions or Privity of his Mafter, then fuch Deputy or Clerk only fhall be liable to fuch Aftion, Debt, Damages and Cofts, and fhall for ever be incapable of his Place or Office ; and in cafe the Auditor of the Receipt fhall not direft the Order, or the Clerk of the Pells record, or the Tel- ler make Payment according to each Perfon's due Place or 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 Ac- tion, Debt, -Damages and Cofts in fuch Manner as aforefaid; all which faid Penalties, Forfeitures, Da- mages and Cofts, to be incurred by any of the Officers of the Exchequer, or any other 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 at Wejiminffei:, wherein no EfToin, Proteftion, Privilege, Wager of Law, Injunftion or Order of Reftraint, fhall be in any wife granted or allowed. Tallies dated the XXXII. Provided always, and be it hereby declared. That if it happen that feveral Tallies of Loan, or fameDay.noun- Orders for Repayment as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Receipt to be regiftred, then it fhall be interpreted no undue Preference which of thofe be entred firft, fo as he en- ters them all the fame Day. XXXIII. Provided alfo. That it fhall not be interpreted any due 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 fubfe- quent 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 be 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. XXXIV. And be it further enafted. That all and every Perfon and Perfons, to whom any Money fhall be due for Loans, to be regiftred by virtue of this Aft, after Order entred in the Book of Regifter as afore- faid, his Executors, Adminiftrators or Affigns, by proper Words of Affignment, to be endorfed and writ- ten upon his Order, may affign or transfer his Right, Title, Intereft and Benefit of fuch Order or any Part thereof, to any other, which being notified in the Office of the Auditor of the Receipt aforefaid, and an Entry or Memorial thereof alfo made in the Book of Regiftry aforefaid, for Orders which the Officers fhall upon Requeft, without Fee or Charge accordingly make, lliall entitle fuch Affignee, his Executors, Adminiftrators and Affigns, to the Benefit thereof, and Payment thereon; and fuch Affignee may in like Manner affign again, and fo toties quoties, and afterwards it fhall not be in the Power of fuch Perfon or Perfons who have or hath made any fuch Affignments, to make void, releafe and difcharge the fame, or any the Monies thereby due or any Part thereof. [Con- due Preference : Nor if fubfeqtient Orders be paid before fuch as were not de- manded in Courfe, Orders afligna-