Page:Ruffhead - The Statutes at Large - vol 6.djvu/321

 A. D. 1737. Anno decimo Georgii II. C. 17. 259 Orders (hall be regiftred in Courfe according to their Dates ; and all Perfons thereupon fhall be paid in Courfe, as their Orders ihall (land regiftred, lb as the Perfon or Perfons, Natives or Fo- reigners, his, her, or their Executors, Adminiftrators, or Affigns, whofc Orders fhall be firft regiftred, ihall be 'accounted the Perfon or Perfons to be lirft paid, and lb fucceffively in Courfe; and that the Mo- nies to come in by this Act, of the faid Duties, Ihall be in the fame Order liable to the Satisfaction of the faid refpective Perfons, their Executors, Adminiftrators, or AfTigns fucceffively, without undue Pre- Noun ^= Pre- ference of one before another, and not otherwife, and fliall not be diverted or divcrtible to any other * Ufe, Intent, or Purpofe whatfoeve: demanded or taken for providing 6earch in or for Payment of Money Officer or Officers, their Clerks, or Deputies, on Pain of Payment of treble Damages to the Party ag- grieved by the Party offending, with tull Colls of Suit ; or if the Officer himfelf take or demand any fuch Fee or Reward, then to forfeit his Place alfo ; and if any undue Preference of one before another ihall be made in Point of Rcgiftry or Payment contrary to the true Meaning of this A6t by any fuch Officer or Officers, then the Party offending (hall be liable by Aclion of Debt, or on the Cafe, to pay the Value of the Debt with full Cofts of Suit to the Party aggrieved, and Ihall be forejudged of his Place or Office • 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, Da- mages and Cofts, and Ihall be for ever after incapable of his Place or Office ; and in cafe die Auditor of die Receipt fliall not direct, or the Clerk of the Pells record, or the Tellers make Payment, accord- ing to each Perfon's due Place and Order, as before directed, then he or they fhall be adjudged to for- nd not otlierwite, and man not De envcrteu or aivcrtmie to any other /er ; and that no Fee, Reward, or Gratuity, directly or indirectly, be g or making any fuch Books or Regifters, or any Entries, Views, or ney lent, or the Intereft thereof, as aforefaid, by any of his Majefty's feit, and the refpective Deputies and Clerks therein offending to be liable to fuch Act ion, Debt, Da- mages, and Cofts, in fuch Manner as aforefaid : All which faid Penalties, Forfeitures, Damages, and Cofts to be incurred by any the Officers of the Exchequer, or any their Deputies or Clerks, Ihall and .' 1 i_ a V- _ _/r n.i.^ d:h di.:... „_ T„r *:„.. :.. „.,.. ..c 1.:,. a/i„:„p,..'^ r> t „ ~/r to be incurred by any the Officers of the Exchequer, or any their Deputie _ i recovered by Action of Debt, Bill, Plaint, or Information in any of hi Record at Wejimhtfter, wherein no Effoin, Prote6tion, Privilege, Wager of Law, Injunction, or Order of Reftraint,'fhali be in any wife granted or allowed. XIV. Provided always, That if it happen that feveral Tallies of Loan, or Orders for Payment, as What fliall not aforefaid, bear Date, or be brought the fame Day to the Auditor of the Receipt to be regiftred, then ^ r " k ?5' ed un " it (hall be interpreted no undue Preference, which of thofe be entered firft, fo as he enters them all the e " 6JerelKe • fame Day. XV. Provided alfo,' That it fliall not be interpreted any undue Preference, to incur any Penalty in Point of Payment, if the Auditor directs, and the Clerk of the Pells record, and the Tellers do pay, fubfequent Orders of Perfons that come and demand their Money, and bring their Orders, before other Perfons that did not come to take their Monies, and bring their Orders in Courfe, fo as there be fo much Money referved as will fatisfy precedent Orders, which fliall not be otherwife difpofed of, but kept for them, Intereft upon Loan being to ceafe from the Time that Money is fo referved and kept in Bank for them. XVI. And be it further enacted, That all and every Perfon and Perfons to whom any Money fliall be Money lent due for Loans by virtue of this Act, after Order entered in the Book of Regiftry aforefaid, his, her or may be tranf« their Executors, Adminiftrators or Affigns, by proper Words of Affignment to be indorfed on his, ferred - her or their Order, may affign or transfer his, her or their 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 Re- ceipt aforefaid, and an Entry or Memorial 'thereof alfo made in the Book of Regiftry aforefaid for Orders (which the Officers (hall upon Requefr. without Fee or Charge accordingly make) fhall intitle fuch Affignee, his, her or their Executors, Adminiftrators, Succefibrs, or" Affigns, to' the Benefit thereof and Payment thereon, and fuch Affignee may in like Manner affign again, and fo toties quoties ; and afterwards it fliall not be in the Power of fuch Perfon or Perfons who have or hath made fuch Affignment to make void, releafe or difcharge the fame, or any the Monies thereby due, or any Part thereof. XVII. And to the end there may be no Want or Failure of a certain Sum not to exceed in the whole Exchequer may the Sum of five hundred thoufand Pounds to be raifed either by fuch Loans as aforefaid, or by ilfuing pl" e [ OU, t ?'' w Exchequer Bills as is hereinafter mentioned, or by both or either of thofe Ways or Means, for thej BiUtf.^" publiek Service ; Be it further provided and enacted by the Authority aforefaid, That in cafe the Com-- miffioners of his Majefty's Treafury, or any three or more of them now being, or the High Treafurer, or any three or more of the Commiiiioners of the Treafury for the time being fhall judge it more advifeablei to raife the faid Sum of five hundred thoufand Pounds, or any Part thereof, by Exchequer Bills iii- fcead of fuch Loans as aforefaid, that then they refpeclively are hereby authorized and im powered at any Time or Times at once, or by fuch Proportions at a Time as they refpectively (hail find to be moil, for the Advantage of the Publiek, to prepare and make, or caufe to be prepared and made, at the Ex- chequer, in fuch Method and Form as they or he Ihall think moft fate and convenient, any Number of new Exchequer Bills containing one common Sum or different Sums in the principal Monies; fo--. that in cafe there fliall be no Loans made, then all the principal Sums to be contained in the faid Bills to be made forth by this Act (hall not exceed five hundred thoufand Pounds ; and in cafe any fuch Loans fhall be made, as aforefaid, then all the principal Sums to be contained in the faid Bills to be made forth by this Act, together with fuch Loans fo made, Ihall not .exceed the faid Sum of five hun-. dred thoufand Pounds. XVIII. And be it further enacted by the Authority aforefaid, That the faid Bills to be prepared and Bills to bear made in purfuance of this Act ihall or may bear an Intereft not exceeding three Pounds per Centum per Jntcreit at 3 I. Annum, and pro.portionably for any greater or leffer Sum to be contained therein, and to be payable to 55J„JJ£" P ' L 1 2 the
 * , and Cofts, in fuch Manner as aforefaid : All which faid Penalties, Forfeitures, Damages, and