Page:Ruffhead - The Statutes at Large - vol 6.djvu/398

 336 C. 19. Anno duodecimo Georgii II. A. D. 1739. Majefty, at the Receipt of his Majefty's Exchequer, any Sum or Sums of Money, not exceeding the faid Sum of five hundred thoufand Pounds, upon the Credit of the faid Surpluffes, Excefles and Over- plus Monies, commonly called The Sinking Fund; and to have and receive for the Forbearance of the Money lent, Intereft after a Rate not exceeding three Pounds per Centum per Amium, fo as fuch Loans be allowed to be made by the Commiffioners of the Treafury, or any three or more of them now being, or the high Treafurer, or any three or more of the Commiffioners of the Treafury for the time being, who are hereby authorized to iffue their Warrants for that Purpofe, as fart as fuch Loans mail be wanted for the publick Service; and moreover, that no Money fo to be lent upon the Security of this Act (hall be rated or afleffed to any Tax or Afleffment whatfoever. Lender to have HI. And be it further enacted, That all and every Perfon and Perfons who (hall lend any Money dcrs! eS and0r " upon the Credit of this Act as aforefaid, and pay the fame into the Receipt of the Exchequer, (hall im- mediately have a Tally of Loan (truck for the fame, and an Order for his, her or their Repayment, bearing the fame Date with his, her or their Tally, in or upon which Order (hall be alfo contained a Warrant for Payment of Intereft for the Forbearance thereof, not exceeding the faid Rate of three Pounds per Centum per Annum, and to be paid eveiy three Months, until the Repayment of the Prin- Orders and cipal; and all fuch Orders for Repayment of Money fo to be lent (hall be regiftred in Courfe according hfc'ourfe '° bC to the Dates reflectively; and that all and every Perfon and Perfons (hall be paid in Courfe, according as their Orders (hall ftand regiftred in the faid Regifter Books, fo as the Perfon or Perfons, Natives or Foreigners, his, her or their Executors, Adminiftrators or Affigns, who fhall have his, her or their Order or Orders firft entred in the faid Books of Regifter, (hall be taken and accounted to be the firft Perfon or Perfons to be paid out of the Monies to come in of the faid Surpluffes, Excefles and Overplus Monies; and he, (he or they, who fhall have his, her or their Order or Orders next entred, (hail be taken and accounted to be the fecond Perfon to be paid, and fo fucceffively and in Courfe; and that the Monies to come in of or for the faid Surpluffes, Excefles and Overplus Monies, commonly called The Sinking Fund as aforefaid, fhall be in the fame Order liable to the Satisfaction of the faid respective Perfons, and Body or Bodies Politick or Corporate, their Executors, Adminiftrators, Succeffors or Af- r°en" due P ' e " % ns refpecTively, without undue Preference of one before another, and not otherwife; and fhall not be diverted or divertible to any other Ufe, Intent, or Purpofe whatfoever, other than fuch Ufes and Pur- noF^s t0 take P°^ es as are appointed by any other Act. or Acts of Parliament in that Behalf as aforefaid; and that no Fee, Reward, or Gratuity, directly or indirectly, fhall be demanded or taken of any of his Majefty's -Subjects, for providing or making of any fuch Books or Regifters, or any Entries, Views, or Searches in or for Payment of Money lent, or the Intereft thereof, as aforefaid, by any of his Majefty's Officer or Penalties Officers, their Clerks, or Deputies, on Pain of Payment of treble Damages to the Party grieved by the Party offending, with full Cofts of Suit; or if the Officer himfelf take or demand any fuch Fee or Re- ward, then to lofe his Place alfo; and if any undue Preference of one before another (hail be made either in Point of Regiftry or Payment contrary to the true Meaning of this Act by any fuch Officer or Officers, then the Party offending (hall be liable by Action of Debt, or on the Cafe, to pay the Value of the Debt with full Cofts of Suit to the Party grieved, and (hall be forejudged of his Office or Place; and if fuch Preference be unduly made by any his Deputy or Clerk without Direction or Privity of his Mafter, then fuch Deputy or Clerk only fhall be liable to fuch Action, Debt, Damages and Cofts, and (hall be for ever after incapable of his Office or Place; and in cafe the Auditor of the Receipt (hall not direct the faid Order of Loan, or the Clerk of the Pells record, or the Tellers make Payment upon fuch Order, according to each Perfon's due Place and Order, as before dii ected, then he or they (hall be adjudged to forfeit, and the refpective Deputies and Clerks therein offending to be -^aionofDebt ' iaWe t0 iuch A -'^' l0n -> Debt, Damages, and Cofts, in fuch Manner as aforefaid : All which faid Pe- ' nalties, Forfeitures, Damages, and Cofts, to be incurred by any the Officers of the Exchequer, or any their Deputies or Clerks, (hall and may be recovered by Action of Debt, Bill, Plaint, or Information in any of his Majefty'j Courts of Record at JFeflmin/ler, wherein no Effoin, Protection, Privilege Wager of Law, Injunction, or Order of Reftraint, (hall be in any wife granted or allowed. What (hall be jy_ Provided always, and it is hereby declared, That if it fhall happen that feveral Tallies of Loan, undue Prefer- or Orders for Payment, as aforefaid, bear Date, or be brought the fame Day to the Auditor of the ence. Receipt to be regiftred, then it fhall be interpreted no undue Preference, which of thofe be entered firft, fo as he enters them all the fame Day. V. Provided alfo, That it fhall not be interpreted any undue Preference, to incur any Penalty in Point of Payment, if the Auditor direct, and the Clerk of the Pells record, and the Tellers do pay, fubfequetit 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 (hall not be otherwife difpofed of, but kept for them, Intereft upon Loan being to ceafe from the Time the Money is fo referved and kept in Bank for them. Orders affign- yi. j n & fc e it further enacted. That all and every Perfon and Perfons to whom any Money (hall be due for Loans to be regiftred by virtue of this Act, after Order entered in the Book of Regifter as afore- faid, his, her or their Executors, Adminiftrators or Affigns, by proper Words of Affignment to be indorfed and written upon his Order, may affign or transfer his Right, Title, Intereft and Benefit of i 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 Or- ders (which the Officers fhall upon Requeft without Fee or Charge accordingly make) lhall intitle fuch Affignee, his, her or their Executors, Adminiftrators, Succefibrs and Affigns, to the Benefit thereof -and Payment thereon, and fuch Affignee may in like Manner affign again, and fo toties quoties; 8 and I