Page:Ruffhead - The Statutes at Large - vol 6.djvu/559

 A. D. 1743. Anno decimo fexto Georgu II. C. 12. 493 made, either in Point of Regiftry or Payment, contrary to the true Meaning of this A <"!, by any full Officer or Officers, then the Party offending fhall be liable by Action of Debt or on the Call the Value of the Debt, with full Coils of Suit, to the Party grieved, and (hall be forejudgi d oi his Placi "i '''"'■ ,l ' 1 Co *, Office ; and if fuch Preference be unduly made by any his Deputy or Clerk, without Direction or Pri- ut 8nit ' vity of his Mafter, then fuch Deputy or Clerk, only fhall be liable to fuch Action, Debt, Damages and Cofts, and ihall be for ever after incapable of his Place or Office; and in cafe the Auditor of the Re< fhall 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 directed ; then In; or tiny fhall be adjudged to forfeit, and the refpective Deputies and Clerks therein offending, to be liable to fuch Action, Debt, Damages and Cofts, in fuch Manner as aforefaid ; all which faid Penalties, Forfeitures, How i* be re- Damages and Cofts, to be incurred by any the Officers of the Exchequer, or any their Deputies or «*««>• Clerks, fhall and may be recovered by Action of Debt, Bill, Plaint or Information, in any of his Ma- jelly's Courts of Record at IFtjimhiJicr, wherein no Eflbin, Protection, Privilege, Wager of Law, In- junction, or Order of Reftraint, fhall be in any wife granted or allowed. V. Provided always, and it is hereby declared, That if it fhall happen that feveral Tallies of Loan or No undue Pre-- Orders for Payment as aforefaid, bear Date or be brought the fame Day to the Auditor of the Receipt to { " c " c "- v ' h " f , be regiftred, then it fhall be interpreted no undue Preference which of thofe be cntred firft, fo as he enters or ,"whi [£ them all the fame Day. _ _ fimc Day . VI. Provided alfo, That it fhall not be interpreted any undue Preference, to incur any Penalty, in No undue Pre* point of Payment, if the Auditor direct, and the Clerk of die Pells record, and the Tellers dp pay I'ub- ference if fub- ftquent Orders,, to Perfons that come and demand their Monies, and bring their Orders, before other foment 0:Jers ■ Berfons that did not come to take their Monies, and bring their Orders in Courfe ; fo as there be fo much "h^g"^'^™- Money referved as will fatisfy precedent Orders, which fhall not be otherwifc difpofed of, but kept for ° ng t r Q demand, them, Intereft upon Loans being to ceafe from the Time the. Money is. fo referved and kept in Bank if Money be i4- for them.. ferved for them. VII. And be it further enacted, That all and every Perfon and Perfons to whom any Money fhall be Transfers to be • due for Loans to be regiftred by virtue of this Act, after Order entred in the Book of Regifter as afore- allowed. • faid, .his, her or their Executors, Adminiftrators or. Affigns, by proper Words of Affignmentto be- in- dorfed and written upon his Order, may.affign or transfer his 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 fhall. upon R.equeft without Fee or Charge accordingly make) fhall intitle fuch Af- lignee, his, her or their Executors, Adminiftrators, Succeflbrs and Affigns, to the Benefit thereof and Payment thereon, and fuch Affignee may in. like Manner affign again, and fo toties quoties ; and afterwards it fhall not be in the Power of fuch Perfon or Perfons who hath or have made fuch Affignment, to make void, releafe or difcharge the fame, or, any the Monies thereby due, or any Part thereof. VIII. And to the End there may be no Want or Failure of a certain Sum, not to exceed in the whole the faid Sum of five hundred and eighteen thoufand fix hundred Pounds, to be raifed either by fuch Loans as aforefaid,. or by ifluing Exchequer Bills as is herein after, mentioned, or by both or either of thofe Ways or Means, for the publick Service; Be it further enacted by the Authority aforefaid, That in cafe Treafury may the Commiffioners of his Majefty's Treafury, or any three or more of them now being, or the High circulate Exche- Treafurer, or any three or more of the Commiffioners of the Treafury for the. Time being, fhall judge 5w B f" s '.' n " it more advij'eable to raife the faid Sum of five hundred and eighteen thoufand fix hundred Pounds, or any Loans.. ^ Mi ' Part thereof, by Exchequer Bills inftead of fuch Loans as aforefaid ; that then they refpectively are here- by authorized and impowered at any Time or Times to prepare and make, or caufe to be prepared and made, at the Exchequer any'Number of new Exchequer Bills for any Sum or Sums of Money, not ex- ceeding in the whole the faid Sum of five hundred and eighteen thoufand fix. hundred Pounds, together with fuch Loans as' aforefaid, in the fame or like Manner, Form and Order, and according to the fame or like Rules and Directions, as in and by a certain Ait of Parliament for granting an Aid to his Majeily ■ by a Land Tax, to be raifed in Great Britain., for the Service of the Year one thoufand feven hundred. and forty-three, are enacted and prefcribed concerning the. Exchequer Bills to be made in puifuance of the fame Act. IX. And be it; further enacted by the Authority aforefaid, That. all and every the Ciaufes, Pmvifoes, Airi'mvers, &c,-- Powers, Privileges, Advantages, Penalties, Forfeitures and Difabilities contained in the faid-- lail-men- grantee', by the tinned Act relating to the Loans or Exchequer Bills authorized to be made by the fame. Act (except, fttch La:u! Tax > rela - Qaufes as do charge the fame on the Aids, Taxes or Affeffments granted by the fame Act) fhall be ap- E^^au," plied and extended to the. Exchequer Bills to be made forth in purfuance of this Act, as fully and. effec- (h a n bsanpljed'-. tually to all Intents and Purpofes as if. the fame Exchequer Bills had been originally authorized by the -to this. faid laft mentioned Act,, or as if. the faid feveral Ciaufes or Provifes had been particularly repeated or re- enacted -in the Body of this prefent Act. X. Provided always, and be it further enacted by, the Authority aforefaid, That in cafe the Comrrjif-* The Money may y fipners of his Majefty's Treafury,. or any three or. more of them now being, or the .High Treafurer, pr.ba raifed I'art . y any three or more of the Commiffioners of the Treafury for the/Time being, fhall judge it more for the b^XSbb! Advantage of the Publick (inftead of railing the faid. Sum of five-hundred and eighteen thoufand. fix. huiir- d i;ed Pounds by Loans or .Exchequer Bills as aforefaid) to take. in.Subfcriptions.for. the faid Sum or any Part thereof, in Annuities transferable, at the.Bank of England-, it fhall and. may be lawful to and for .the. faid 1 Commiffioners of his Majefty's Treafury, or any. three or .more of them how being, or the faid High Tieafurer or Oommiffioriers of„his .Majefty's Treafury for the .Time being, . to .permit, or. fuffer. any Perfon 0? r