Page:Ruffhead - The Statutes at Large - vol 5.djvu/171

 A. IX 1716. Anno tertio Georgii Regis, C. 8. 131 any Sum or Sums of Money by him and them received and paid, as aforefaid, by the Space of three Days after his Receipt or Payment of the fame, or fhall rcfufe any Perfon or Perfons concerned to infpect fuch Book or Books without Fee or Charge, as aforefaid, every fuch Receiver for every fuch OfFence (hall for- feit the Sum of one hundred Pounds, to any Perfon or Perfons who fhall fue for the fame, to be recovered Penally icol. by Action of Debt, or on the Cafe, Bill, suit or Information, in any of his Majcfty's Courts of Record at Wcjltmnfter, wherein no Eflbin, Protection, Privilege or Wager of Law fhall be alio. ved, or any more than one Imparlance. XXXVII. Provided always, and it is hereby enacted by the Authority aforefaiJ, That in cafe any of N cw Bills may trie Exchequer-bills for the laid Sums of two Millions five hundred fixty-one thoufand and twenty-five!* nuiie '° rt, » Pounds, fhall be filled up by Writing or Endorfements to be made thereon, as aforefaid, or fhall b; any '„ tailed „ p Accident be defaced, it fhall and may be lawful for the Commiffioners of the Treafury, or any three or r Placed. more of them, or the High Treafurer for the Time being, and he and they are hereby tuthorized and enjoined, upon Requeft to be made by the faid Governor and Company, and their Succeflbrs, from Time to Time, to caufe new Bills to be made forth at the Receipt of the Exchequer, in lieu of fuch Bills as fhall be filled up or defaced, which old Bills fo filled up or defaced, fhall be cancelled at the Receipt of the Exchequer, and kept there; and fuch new Bills fhall have the like Currency, and fh ill in al! Kefpects be fubject to the fame Rules, Methods and Continuance, as if the fame had been Bills oiiginally iiiued in purfuance of this Act, and fhall bear the fame Numbers, Dates, and Principal Sums, and carry :he like Intereft, as were born and carried by the old Bills fo cancelled refpectively; and fo toties quoties as often as any of the Bills to be made forth by this Act fhall happen to be filkd up or defaced, as aforefaid. XXXVIII. And for the better enabling the faid Governor and Company of the Bank of England, and Ban'; may call their SuccefTors, to circulate the faid Bills, whereof the Circulation is to continue by this Act, and to carry '" Mr . "^ { ' am on their other Affairs; It is further cna£ted by the Authority aforefaid, That it fhall or may be lawful to and for the faid Governor and Company of the Bank of England, or their Succeflbrs, from Time to Time, as they fhall fee Caufe, to call from, or direct to be paid by their refpective Members for the Time being, proportionably according to their refpective Interefts in the capital Stock or Stocks of the faid Governor and Company, any Sum or Sums of Money, as in a general Court of the faid Governor and Com any fhall be judged neceffary, and ordered to be called in; and that all Executors, Adminiflrators, Guar- dians and Truftees, fhall be indemnified in paying the fame; and in cafe any fuch Member or Members fhall refufe or neglect to pay his, her or their Share of the Monies fo called for at the Time or Times appointed for that Purpofe, by Notice inferted in the London Gazette, and fixed upon the Royal Exchange, Penalty on it fhall and may be lawful to and for the faid Governor and Company of the Bank of England, and Members not their Succeflbrs, not only to flop the Share or Dividend which fhall, from Time to Time, become pay- cornp y ' Di able to fuch Member or Members (fo neglecting or refufing) of the Funds, Stocks or Profits of the faid Company, and to apply the fams, from Time to Time, for or towards Payment of the Share of the Money fo called for, and which ought to have been paid by fuch Member or Members fo neglecting or refufing, until the fame fhall be fatisfied, but alfo to fcop the Transfers or Alignments of the Share of every fuch Defaulter, and to charge fuch Defaulter or Defaulters with an Intereft after the Rate of five Pounds per Centum per Amiwn, for the Monies fo by him, her or them omitted to be paid, from the Time the fame were appointed to be paid until the Payment thereof; and that the Shares and Stocks of fuch Defaulter and Defaulters fhall be liable to make good and anfwe'r the faid Monies fo appointed to be paid, and the Intereft thereof; and in cafe the Principal and Intereft fhall be unpaid by the Space of three Months, then the laid Governor and Company of the Bank of England fhall have Power to fell fo much of the Stock and Stocks of fuch Defaulter and Defaulters as will fatisfy and pay the fame, rendring the Overplus to the Proprietors, if any be; and the faid Governor and Company in a general Court, from Time to Time, when they fhall judge their Affairs will admit thereof, fhall caufe any Sum or Sums of Money which fhall be fo called in, or any Part thereof, to be divided and diftributed to and amongft the then Members of the Governor and Company of the Bank of England, according and in proportion to their refpective Interefts in the capital Stock or Stocks of the fame; any former Law, Statute, Reflrietion, or any_other Claufe, Matter or Thing to the contrary notwithftanding. XXXIX. And it is hereby enacted, That the faid Governor and Company of the Bank of England, or Bank may ior- their Succeflbrs, fhall have Power and Authority, and they are hereby enabled, in cafe they fhall think fit, row Moans from Time to Time, and at any Time or Times, at their own good Liking, to borrow or take up Money com'ncmSeal upon any Contracts, Bills, Bonds or Obligations, under their common Seal, or upon Credit of their abov. the co. n. capital Stock or Stocks, or any Part thereof, or otherwife, for any Time, or to be paid upon Demand, moc Intereftj and at fuch Rate or Rates of Intereft, or upon fuch Terms as they fhall think fit, although the fame fhall happen to exceed the Intereft allowed by Law to be taken, and to give fuch Security for the fame, as fhali be to the Satisfaction of the Lenders refpectively; any former Law, Statute,- Frohibition, Re- ftriction, Clauf, Matter or Thing whatfoever to the contrary notwithftanding: And they are hereby au- thorized, at thur ewn good Liking, to contract and agree in fuch Manner as they fhall think fit, at any and t^e Sub- Time or Times, wLh any Perfon or Perfons, Natives or Foreigners, Bodies Politick or Corporate, in r "'l lt ' ons fp * whofe Abilities they fhall be well famished, for or concerning the furnifhing of Monies, from Timeto IU urpu e 1 ime, by luch Perfons or Corporations, upon fuch Terms as they fha.ll find necefiary, for the better enabling the faid Governor and Company of the Bank of England to perform fuch Matters and Things as they are to do and perform in purfuance of this Act, and to take Subfcriptions from fuch Perfons or Their Securit; 3 Corporations for that Purpofe; and it is hereby declared, that fuch Contracts, Bills, Bonds, Obligations, not chargeable Securities or Subfcriptions, fhall not be chargeable with any the Duties upon ftarr.pt Vellum, Parchment^^' 6 Sum P- or Paper; any former Law or Statute to the contrary notwithftanding. S 2 XL,