Page:Ruffhead - The Statutes at Large - vol 6.djvu/629

 A. D.i 744* Anno decimo feptimo Ge'orgm II. C. 33. 563 bcarance of the Money lent, Interefl after a Rate not exceeding three Pounds per Centum per Annum, fo as fuch Loans be allowed to be made by the faid Commiflioners of the Treafury, or any three or mote or' them now being, or the High Treafurer, or any three or more of the Commiffioncrs of the Treafairy for the Time being, who are hereby authorized to iffue their Warrants for that Purpofe as lult as fuch Loans fhall 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 aflefled to any Tax or Aflcfl'mcnt whatfoever. IV. And be it further enacted, That all and every Perfon and Perfons v/ho fhall lend any Money Tallies of Loan upon the Credit of this Act as aforefaid, and pay the fame into -the Receipt of the Exchequer, (hall im- t0 Lc ft™«k< mediately have a Tally of Loan (truck for the fame, and an Order for his, her or their Repayment, bear- ing the fame Date with his, her or their Tally, in or upon which Order fhall be alio contained a War- rant for Payment of Interefl for the Forbearance thereof, not exceeding the faid Rate of three PounJs pit- Centum per Annum, and to be paid every three Months, until the Repayment of the Principal; and all 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 Ordeis ThcMannerof fhall ftand regiftred in the faid Regifter Books, fo as the Perfon or Perfons, Natives or Foreigners, his, pajmen:. her or their Executors, Adminiftrators or Affigns, who fhall have his, her or their Order or Orders firfl cntred in the faid Books of Regifter, fhall be taken and accounted to be the firft Perfon or Perfons to be paid out of the faid Surpluses, Exceffes and Overplus Monies ; and he, flie or they, who fhall have his, her or their Order or Orders next cntred, fhall 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 Surplufies, Excelled and Overplus Monies, commonly called The Sinking Fund as aforefaid, fhall be in the fame Order liable to the Satisfaction of the faid refpective Perfons, and Body or Bodies Politick or Corporate, their Execu- tors, Adminiftrators, SuccefTors or Affigns reflectively, without undue Preference of one before another, No undue Prefc- and not otherwife ; and fhall not be diverted or divertible to any other Ufe, Intent or Purpofe whatfoever ren " : • (other than fuch Ufes and Purpofes as are appointed by any other Act or Acts of Parliament in that He- half as aforefaid ;) and that no Fee, Reward or Gratuity directly or indirectly fhall be demanded or taken No Fee to be of any of his Majefty's Subjects for providing or making of any fuch Books or Regifters, or any Entries, taken » Views or Searches in or for Payment of Money lent, or the Interefl: thereof as aforefaid, by any of his Majefty's Officer or Officers, their Clerk or Deputies, on Pain of Payment of Treble Damages to the on Pain of Tre- Party grieved by the Party offending, with full Cofts of Suit ; or if the Officer himfelf take or demand Me Damages, &c« any fuch Fee or Reward, then to lofe his Place alfo; and if any undue Preference of one before another fhall 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 fhall 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 fhall be forejudged of his Of- fice or Place ; and if fuch Preference be unduly made by any Deputy or Clerk, without Direction or Pri- vity of his Mafter, then fuch Deputy or Clerk only fhall be liable to fuch Action, Debt, Damages and Cofts, and fhall be for ever after incapable of his Office or Place ; and in cafe the Auditor of the Receipt fhall not direct the faid Orders 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 he or they fhall be adjudged to forfeit, and the refpe£tive Deputies and Clerks therein offending, to be liable to fuch Ac- tion, Debt, Damages 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, fhall and may be recovered by Action of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at Wejlminjler ; wherein no Eff'oin, Protection, Privilege, Wager of Law, Injunction 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 Provifoes rela- Orders for Payment as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Receipt ting to undue to be regiftred, then it fhall be interpreted no undue Preference which of thofe be entered firft, fo as he Preference, enters them all the fame Day. VI. 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 fubfequent Orders to Perfons that come and demand their Monies, 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 re- ferved as will fatisfy precedent Orders, which fhall not be otherwife difpofed of, but kept for them ;, In- terefl upon Loan being to ceafe from the Time the Money is fo referved and kept in Bank for them. VII. And be it further enacted, That all and every Perfon and Perfons to whom any Money fhall be Method of tranf- due for Loans to be regiftered by virtue of this Act, after Order entered in the Book of Regifter as afore- fening. faid, his, her or their Executors, Adminiftrators, or Affigns, by proper Words of Alignment to be in- doifed and written upon his, her or their Order, may affign or transfer his, her or their Right, Title, Interefl, and Benefit of 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 Re- giftry aforefaid for Orders (which the Officers fhall upon Requefl without Fee or Charge accordingly make) fhall intitle fuch Affignee, his, her or their Executors, Adminiftrators, Succeffors, 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 have or hath made fuch Alignment, to make void, releafe, or difcharge the fame, or any the Monies thereby due, or any Part thereof. 4 C z VIII. And