Page:Ruffhead - The Statutes at Large - vol 6.djvu/680

 6t 4- C. 22. Anno decimo o£tavo Georgii II. AiD. 1745. Sinlcint Fund liable, without undue Prejudice. Jvo Fee to be taken. Penalties, What fliall not fee undue Pre- ference, Method of trans- ferring. The Sum may be railed by Exche- quer Bills. ders fhall 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 entered 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 Surpluffes, Excefies, and Overplus Monies; and he, fhe, or they, who fhall have his, her or their Order or Orders next entered, 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 Sur- pluffes, Exceffes and Overplus Monies, commonly called The Sinking Fund, as aforefaid, fhall be in the fame Order liable to the Satisfaction of the faid refpeftive Perfons, and'Body or Bodies Politick or Corporate, their Executors, Adminiftrators, Succeflbrs or Affigns refpeftively, without undue Preference of one be- fore another, and not otherwife; and fhall not be diverted or divertible to any other Ufe, Intent or Pur- pofe whatfoever (other than fuch Ufes and Purpofes as are appointed by any other Aft or Acts of Parlia- ment in that Behalf as aforefaid;) and that no Fee, Reward or Gratuity directly or indirectly fhall be de- manded 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 aforefa^, by any of his Majefty's Officer or 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 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 fore- judged of his Place or Office ; and if fuch Preference be unduly made by any his Deputy or Clerk, with- out Direction or Privity 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 tire Auditor of the Receipt fhall not direct the faid Orders of Loan, or the Clerk of the Pells record, or the Teller make Payment upon fuch Order, according to each Perfon's due Place and Order as before di- rected, then he or they fhall be adjudged to forfeit, and the refpective Deputies and Clerks therein offen- ding, to be liable to fuch Action, 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 Weftminjler; wherein no Effoin, Protection, Privilege, Wa- ger of Law, Injunction or Order of Reftraint fhall be in any wife granted or allowed. V. Provided always, and it is declared, That if it fhall happen that feveral Tallies of Loan or Orders for Payment as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Receipt to be re- giftred, then it fhall be interpreted no undue Preference which of thofe be entered firft, fo as he 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- served as will fatify precedent Orders, which fhall not be otherwife difpofed of, buf kept for them; In- tereft upon Loan being to ceafe from the Time the Money is fo referved and kept ifi Bank for them. VII. And be it further enacted, That all and every Perfon and Perfons, to whom any Money fhall 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 Alignment to be in- dorsed and written upon his, 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 Receipt aforefaid, and an Entry or Memorial thereof alfo made in the Book of Re- giftry aforefaid for Orders (which the Officers ihall upon Requeft 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 to- ties 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. 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 eight hundred thoufand Pounds, to be railed either by fuch Loans as aforefaid, or by iffu- ing 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 the Commiffioners 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 Commiifioners of the Treafury for the Time being, fhall judge it more advifeable to raifc the faid Sum of eight hundred thoufand Pounds, or any Part thereof, by Exchequer Bills, inftead of fuch Loans as aforefaid, that then they refpeftively are hereby authorised 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 iVIoney not exceeding in the whole the faid Sum of eight hun- dred thoufand Pounds, together with fuch Loans as aforefaid, in the fame or like Manner, Form or Or- der, and according to the fame or like Rules and Directions, as in and by a certain Act of Parliament for granting an Aid to his Majefty by a Land Tax, for the Service of the Year one thoufand feven hundred and forty-five, are enacted and prefcribed concerning the Exchequer Bills to be made in purfuance of the laid Aft. IX. And