Page:Ruffhead - The Statutes at Large - vol 5.djvu/640

 6o2 C. 33. Anno duodecimo Georg 11 Regis. A. D. 1725. his, her or their Order or Orders refpectively, may affign and transfer his, her or their Right, Title, In- ter, fr. and Benefit of Rich Order, or any Part thereof to any other, which being notified in the Office here- by appointed for entring the faid Orders, and an Entry or Memorial thereof alio made in the Book, of En- try of fuch Orders (which the Officer fliall upon Requeit, without Fee or Charge, accordingly make) fhall entitle fuch Affignee or Affignees, his, her or their refpective Executors, Administrators, Succeflbrs or Af- figns, to the Benefit thereof and Payment thereon, and fuch Affignee or Affignees may in like Manner af- fign again, and fo toties quoties; and afterwards it (hall not be in the Power o.f fuch Perfon or Perfons, Bo- dies Politick or Corporate, who have or hath made fuch Alignments, to make void, releafe or difcharge the fame, or any of the Monies thereby due, or any Part thereof. The Ca/h in the ' XX. And to the End that no Suitor or Suitors of the faid Court of Chancery may be delayed in Pay- Bank to be one « ment of any Money due to him, her or them, but that every one may receive his qr her full Demand, common Cafh. c w h e nfoever he or flie fhall apply for the fame, in the moft eafy and expeditious Way;' Beit therefore enacted by the Authority aforefaid, That all the Money and Cafh now depofited in the Bank, or that mall at any Time hereafter be paid into or depofited in the Bank, on the Account of the Suitors of the faid Court of Chancery, or any of them, or by Order of the faid Court, and all the Monies arifing by the Rates and Duties given by this Act, or borrowed thereon, and paid into the Bank, fhall be and be accounted and taken to be one Common and General Cafh, and fliall be promifcuoufly iffued and illuable when and as the Court of Chancery fhall direct, for the anfwering, paying and clearing the Debts and Demands of any of the Suitors of the faid Court. ' XXI. And whereas it appears by the Reports of the feveral Mailers directed by the Right Honourable ' and Demands of the Suitors of the faid Court upon the faid Offices, wherein the Deficiency happened, Chancery to ' that there are feveral Claims both of Principal and Intereft upon the Offices of the faid Fleetwood Dormer determine the ' and John Barrett, deceafed, and of the faid Richard Godfrey and Edward Comvay, not determined by the Claims on^the ' faid Mailers, but fubmitted to the Determination of the Court;' Be it enacted by the Authority aforefaid, deficient?,! a- That the High Court of Chancery fhall with all convenient Speed in the moft compendious and fummary Way determine fuch Claims, and caufe to be done therein what is equitable and juft. Godfrey, &c. ' XXII. And to the End that the Accounts of the faid Richard Godfrey, Edward Conway and William toaccount be- « Kinafton, three of the prefent Mafters of the faid Court, who now appear to be deficient, may be clofed, Term -7o ' anc ^ t ' lat t ^ le y ma y be the more effectually obliged to pay in their refpective Deficiencies;' Be it further en-. 2cled by the Authority aforefaid, That the faid Richard Godfrey, Edward Comvay and JVilliam Kinafton, fhall, on or before the firft Day of Hi '!hry Term in the Year of our Lord one thoufand feven hundred and twenty-fix, make up their Account in fuch Manner, and before fuch Perfon or Perfons as the Court of -Chancery fhall direct, of all the Monies and Effects of the Suitors of the faid Court of Chancery, come to their refpective Hands or under their refpective Care and Direction, and reduce the fame to a Balance; and the Balance of Cafli then in their refpective Hands fhall, on or before the laft Day of the fame Term, be by them refpectively paid into the Bank of England, for the Benefit of the Suitors; and the Balance of the other Effects of the Suitors fhall, on or before the faid laft Day of the faid Term, be by them refpectively affigned, transferred, difpofed or applied for the Benefit of the Suitors, as the Court of Chancery fhall di- rect (for which Direction fuch Mafter fliall apply to the faid Court, within a convenient Time before the en Default for- faid laft Day of the fame Term) and if any of the faid three Mafters fhall neglect or refufe to make up feit their Offices, fuch Account, or pay in, or difpofe of fuch Balance in fuch Manner as aforefaid, that then he or they fo &c - neglecting or refufing to comply with any of the faid Particulars, fhall forfeit and lofe his or their Place of Mafter in Chancery, and fuch Place or Places fliall be void, as if he or they were naturally dead; and the High Court of Chancery fhall alfo in fuch Cafe ftate and ascertain, or caufe to be ftated and afcertained the refpective Balance due from fuch Mafters refpectively, to the Suitors of the faid Court, as well the Ba- lance of Cafh remaining in fuch Mailer's Hands, as alfo the Balance of the other Effects of the Suitors, not anfwered by fuch Mafter, and value or caufe to be valued the faid Balance of the faid other Effects, and reduce both thofe Balances into one total Sum; and whatever Balance or total Sum fhall be found due from, or unanfwered by fuch Mafter, fhall be a Charge and Debt on fuch Mafter refpectively, to the King's Ma- jefly, his Heirs and Succeflbrs, for the Benefit of the Suitors of the faid Court : And for the better and more effectual Recovery of the fame, for the Benefit of the Suitors, the Regifter of the faid Court of Chan- cery, or his Deputy or Deputies, fhall, by the Direction of the faid Court, certify fuch Balance or total Sum to the Barons of his Majefty's Court of Exchequer, upon Parchment, without any Stamp thereon, to be filed or depofited in the Court of Exchequer, amongft the Records of the faid Court, as the faid Ba- rons fhall direct; and the Sum total or Balance contained in fuch Certificate, fhall from thenceforth be deemed and taken to be a Debt from fuch Mafter to the King's Majefty, his Heirs and Succeflbrs, of the fame Nature, Kind, Quality, Force and Effect, as Writings Obligatory, taken and acknowledged accord- ing to the Statute- Staple at Weflminjler; and there fliall be the like Procefs and Execution thereon, as by the Statute made in the three and thirtieth Year of the Reign of King Henry the Eighth is provided for the Recovery of Debts due by Obligation to the King; and all and every Sum or Sums of Money that fliall be recovered thereon, fhall be paid into the Bank of England, without Fee or Reward, and be made Part of the faid general and common Cafh, and as fuch fhall be from thence iffued for the Ufe and Benefit of the Suitors of the faid Court of Chancery. After the Defi- XXIII. Provided alfo, and it is hereby declared and enacted, That when and fo foon as the Deficiency ciency of the f the Suitors Money intended to be anfwered and paid out of the f und eftablifhed by this Act, and alfo all ot-Murrdir- Monies lent on the Credit of this Act, fliall have been fully paid and fatisfied, then and from thenceforth ved'fo/publkk a 'l the Surplus Monies which fhall have been raifed out of the faid Duties upon Stampt Vellum, Parchment Vfc. ■ and Paper, hereby given and granted, over and beyond what fhall be fufficient for anfwering fuch Defici- ency and Monies lent, fhall be referved for the Benefit of the Publick, and fhall not be applied to any other Ufe
 * the Lord Chancellor, purfuant to his Majefty's Directions, to inquire into, examine and ftate the Claims