Page:Ruffhead - The Statutes at Large - vol 5.djvu/659

 A. D. 1726. Anno decimo tcrtio Georgi i Regis. C. 21, 621 Forbearance of their refpeclive Loans, not exceeding the Rate of four Pounds per Centum per Annum, fo as iiich Loans be allowed to be made by the Commiflioners of the Treafury, or any three or more of fhem, ■or by the Lord High Treafurer, or any three or more of the Commiffioners of the Treafury for the Time being, who are hereby authorized to ilTue their Warrants for that Purpof", as faft as fuch Loans fhall be wanted for the publick Service; the faid Intercft to be paid every three Months from the m.'.l-cing of fuch Inu-r-ft to le Loans, until the Satisfaction of the principal Sums refpccrively ; and that no Monies fo to be lent, fhall fiienry^ be rated or nffefied in any Tax or Affcflmcnt whatfoever ; an 1 that every fuch Lender (hall immediati ly have A " ;nl1 "- a Tally of Loan ftruck. for the Money by him, her or them lent, and an Order of the fame Date for Re- payment thereof, with fuch Interc-ft as aforcfaid; and that all fuch Orders fha 1 be rr gift red in Courfe ac- Orden to be re> cording to their Dates, and all Perfons thereupon fhall be paid in Courfe, as their Orders fhall .'land rcgi- (jiflrcdinCoui.e... fired, To as the Perfon or Perfons, Natives or Foreigners, his, her or their Executors, Adminiftrators or Affigns, whefe Orders fhall be firft regiftrcd, fhall be accounted the Perfon or Perfons to be firft paid, and fo fucceffively in Courfe ; and that the laid Surplus, Excefs or Overplus Monies fhall be in the fin'e Order liable to the Satisfaction of the faid refpeclive Perfons, their Executors, Adminiftrators or Affigns fucceflive- ly, without undue Preference of one before another, and not othcrwife, and fhall not be diverted or di- vertible to any other Ufe, Intent or Puipofe whatfoever ; and that no Fee, Reward or Gratuity, directly or indirectly, be demanded or taken, for providing or making any fuch Books or Regifters, or any Entries, Views or Search, in or for Payment of Money lent, or the Intereil thereof as aforefaid, by any of his Majefly's Officer or Officers, their Clerks or Deputies, on Pain of Payment of treble Damages to the Party aggrieved, by the Party offending, with full Cods of Suit ; or if the Officer himfelf take or demand Noondue Pre. . any fuch Fee or Reward, then to forfeit his Place alfo ; and if any undue Preference of one before mother fc"»ce. fhall be made in Point of Regiftry or Payment, contrary to the true Meaning of this Act, by any fuch Of- ficer or Officers, then th^ Party offending fhall be liable by Action of Debt or on the Cafe, to pay the Va- lue of the Debt, with full Cofls of Suit to the Party aggrieved, and fhall be forejudged of his Place or Of- fice ; and if fuch Preference be unduly made by any his Deputy or Clerk, without Direction or Privity of his Mailer, then fuch Deputy or Clerk only fhall be liable to fuch Action, Debt, Damages and Cofts, and fhall be forever incapable of his Place or Office; and in cafe the Auditor of the Receipt fhall not direct, or the Clerk of the Pells record, or the Tellers make Payment, according to each Perfon's due Place or Order as before directed, th.cn he or they fliall be adjudged to forfeit, and the refpedtive Deputies or Clerks therein offending to be ILble to fuch Action, D:bt, Damages and Cofls in. fuch Manner as aforefaid;' all which faid Penalties, Forfeitures, Damages and Cofts to be incurred by any of the Officers of the Exche- quer, or any their Deputies or Clerks, fliall and may be recovered by Action of Debt, Bill, Plaint or In- formation, in anv of his Majefly's Courts of Record at Weftminfter., wherein no Effoin, Protection, Privir lege, Wager of Law, Injunction or Order of Reflraint, fhall be in any wife granted or allowed. " Tallies dated the fame Day no undue Preference. Nor if fubfequent Orders be paid before fuch as ' ThisPebtls " were not demanded in Courfe. Orders affignable. Treafury may iffue new Exchequer-Bills at 2 d. per ,eJcen " ecl - Sf Cent, per Diem. Intcrefl faved on Bills in the Exchequer, or in Receivers Hands. The Bills to be re- ' eo - 2 - c - i " giftred .arithmetically, an:l paid in Courfe. Treafury to direct the Courfe of Payment for Loans or Ex- " chequer-Bills, and to appoint Cheques, &c. The Bills fhall be placed as Cafh in the Exchequer. " Thefe Bills fhall be fubject to the Rules in the Land-Tax 13 Geo. 1. c. 1. The Loans and Exchequer- " Bills charged on the Surplus Monies to arife f om Michaelmas 1726, on the Duties on Coals. Treafury " on Michaelmas yearly to take an Account of the Surpluffes of the preceding Year. If there be more than " will pay Interefl, is'c. Principal to be paid off fo far as it will extend. Deficiency to be made good out " of the firft Supplies, or out of the Sinking Fund. Monies iffiied out of the Sinking Fund to be replaced " there. If the whole 370,000/. be not raifed by Michaelmas 1.727, the Surpluffes in the Exchequer may " be iffued as Part of the Sum, &c." EXP. XVII. Provided alfo, and be it enacted by the Authority aforefaid, That from and after the paying off, After paying oS cancelling and discharging all the faid Loans, Exchequer-Bills, Intereft, Pramium or Rate and Charges, thsfe Bills, the and fubject thereto, all the Surplus, Excefs or Overplus Monies to arife by, for or upon the faid Impofitions Surpluses fhall or Duties on Coals and Culm, to be computed quarterly, as by the faid Act of the fifth Year of his Ma- ,h e r D"po(ition jefty's Reign is directed, fliall from Time to Time be kept apart, and referved for the Difpofition of Par- of Parliament. liament, and fliall not be applied or difpofed to any Ufe or rurpofe whatfoever, but by the Authority of 5 Geo. 1. c. 9. Parliament, and according to fuch future Act or Acts of Parliament as fhall be made and paffed for the Dif- pofit'on thereof. XVIII. Provided always, That nothing in this Ait contained fhall extend, or be conftrued to extend, in Not to alter the any Manner to alter, defeat, weaken or impeach the Provifions made by the faid feveral Acts of the fifth Pfv.lions made and fixth Years of his Majefly's Reign, or either of them, for the due Payment of the faid particular Fund /q^ i-( ? Q of twenty-t ne thoufand Pounds per Annum, or any the Principal Sums to be raifed thereby, or the Interefl e Geo.' 1,0.4.' thereof, or of the faid Annuity of feventeen thoufand three hundred eighty-four Pounds four Shillings, fo as ' aforefaid due and payable to the South-Sea Company for or in refpect of the faid Sum of four hundred thirty- four thoufr.nd fix hundred and five Pounds fubferibed into their Capital Stock, or the additional Allowance for Cha-ges of Management, or any other Right or Intereft which the faid South-Sea Company, or any other Perfon or Perfor.s, Body or Bodies Politick or Corporate, claiming or to claim by, from or under them, have or ought to have out of the Monies arifing by or for the faid Impofitions or Duties, by Virtue of the before recited Ait of the fixth Year of his Majefly's Reign, but the fame fhall for ever hereafter remain and continue in as full Force to all Intents and Purpofes, as if this Act had not been made; any Thing herein before contained to the contrary thereof in any wife notwithftanding. XIX. Provided;.