Page:Ruffhead - The Statutes at Large - vol 6.djvu/508

 44* 2 C. - .v Anno decimo quinto G e o r g i i II. A. D. 1 742. Frtramble. A Million to be raifed tor the Service of the Year J742. Claufe of Credit, at 3I. 10 s, Cent. per Tallies to be ftruck, and Or- ders for Repay- ment wilhln- tereft as above. To be paid in Courfe, Offictrs to tike no Fees. Penalty for ta- king Fees, and for undue Prefe- rence. CAP. III. An Aft for granting to his Majefty a certain Sum out of the Sinking Fund, towards the Sup- ply for the Year one thoiifahd kven hundred and forty-two. OST Gracious Sovereign : We your Majefty's mod dutiful and loyal Subjects the Commons o: Great Britain in Parliament affembled, being defirous not only to raife fuch Supplies as arc neceftary to enable your Majefty to carry on the prefent- War with Vigour, but alfo to ufe fuch Ways and M therein, as that your Majefty may have the better and more'fpeedy .bffect of the faid Supplies, have refojvec to give and grant unto your Majefty the Sum of one million out of the Surpluffes, Exceffes, and Over- plus Monies commonly called The Sinking Fund, towards the Supply granted to your Majefty for the Ser- vice of the Year one thoufand feven hundred and forty-two; and to that End and Purpofe do moft humbly befeech your Majefty that it may be enacted; and be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Par- liament affembled, and by the Authority of the fame, That by or out of fuch Monies as now are or I from time to time be and remain in the Receipt of the Exchequer, of the faid SurplulTes, Excefles, 01 Overplus Monies, commonly called The Sinking Fund (after paying or referving fufficient to pay all fiich Sum and Sums of Money as have been directed by any former Act or Acts of Parliament to be paid out ol the fame) there fhall and may be iffued and applied a Sum not exceeding the faid Sum of one million, foi and towards the Supply granted to his Majefty for the Service of the faid Year one thoufand feven hundrec and forty-two, and the Commiflioners 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 Commiflioners of the Treafury for the time being, art hereby authorized and impowered to iffue and apply the fame accordingly. II. And it is hereby enacted by the Authority aforefaid, That in cai'e the faid Commiflioners of his Ma- jefty's Treafury, or any three or more of them, or the 1 ' High Treafurer for the time being, fhall think it advifeable to raife the faid Sum of one million, or any Part thereof, by Loans or Exchequer Bills, in Mannei hereafter mentioned, that it fhall and may be lawful to and for any Perfon or Perfons, Natives or Foreigners Bodies Politick or Corporate, to advance or lend to his Majefty, at the Receipt of his Majefty's Exchequer any Sum or Sums of Money not exceeding the faid Sum of one million, upon the Credit of the faidSur- pluffes, Excefles, and Overplus Monies, commonly called The Sinking Fund; and to have and receive fo! the Forbearance of the Money lent, Intereft after a Rate not exceeding three Pounds ten Shillings /w Cen- tum per Annum, fo as fuch Loans be allowed to be made by the faid Commiflioners of the Treafury, or any three or more of them now being, or the High Treafurer, or any three or more of the Commiflioners of thi Treafury for the time being, who are hereby authorized to iffue their Warrants for that Purpofe as faft a fuch Loans lhall be wanted' for the publick Service ; and moreover that no Money fo to be lent upon thi Security of this Act fhall be rated or affefied to any Tax or AfTeffment whatfoever. III. And be it further enacted, That all and every Perfon and Perfons who fhall lend any Money upoi the Credit of this Act as aforefaid, and pay the fame into the Receipt of the Exchequer, fnall immediately have a Tally of Loan ftruck 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 fhall be alfo contained a Warrant fo Payment of Intereft for the Forbearance thereof, not exceeding the faid Rate of three Pounds ten Shilling per Centum per Annum, and to be paid every three Months, until the Repayment of the Principal ; and al fuch Orders for Repayment of Money fo to be lent fhall be regiftred in Courfe according to the Dates re fpectively ; and that all and every Perfon and Perfons fhall be paid in Courfe, according as their Order fhall ftand regiftred in the faid Regifter Books, fo as the Perfon or Perfons, Natives or Foreigners, his, her or their Executors, Adminiftrators, or Afligns, who fhall have his, her, or their Order or Orders firft en tred in the faid Books of Regifter, fhall be taken and accounted to be the firft Perfon or Perfons to be pait out of the faid SurplulTes, Excefles, and overplus Monies ; and he, The, and they, who fhall have his her, or their Order or Orders next entred, fhall be taken and accounted to be the fecond Perfon to be paid and fo fucceflively and in Courfe; and that the Monies to come in of or for the faid Surpluffes, ExceiTes and Overplus Monies, commonly called The Sinking. Fund, as aforefaid, fhall be in the fame Order liabi to the Satisfaction of the faid refpective Perfons, and Body or Bodies Politick or Corporate, their Ex:ctt tors, Adminiftrators, Succeffors or Afligns reflectively, without undue Preference of one before another and not other'wife ; and fhall not be diverted or divertible to any other Ufe, Intent, or Purpofe whatfoeve (other than fuch Ufes and Purpofes as are appointed by any other Act or Acts of Parliament in that Behal as aforefaid ;) and that no Fee, Reward or Gratuity directly or indirectly fhall be demanded or taken of air 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' Officer or Officers, their Clerks or Deputies, on Pain of Payment of treble Damages to the Party grieve by the Party offending, with full Cofts of Suit; or if the Officer himfelf take or demand any fuch Fee c Reward, then to lofe his Place alfo; and if any undue Preference of one before another fhall be made ei ther in point of Regiftry or Payment, contrary to the true Meaning of this Act, by any fuch Officer or Of fleers, then the Party offending fhall be liable by Action of Debt, or on the Cafe, to pay the Valuer the Debt with full Cofts of Suit to the Party grieved, an 1 fhall be forejudged of his Office or Place and i fuch Preference be unduly made by any his Deputy or Clerk, without Direction or Privity of his ."' then fuch Deputy or Clerk only fhall be liable to fuch Action, Debt, Damages arid Cofts, and fhall be fo ever after incapable of his Office or Place; and in cafe the Auditor of the Receipt fhall not direct the fai Orders of Loan, or the Clerk of the Pells record, or the Tellers make Payment upon fuch Order, accord ing to each Perfon's due Place and Order as before directed, then he or they fhall be adjudged to an