Page:Ruffhead - The Statutes at Large - vol 6.djvu/749

 A. D. 1746. Anno decimo nono GEOEan II. C. 31 .68,5 Party offending, with full Colls of' Suit; or if the Officer himfelf take or ilein nu.l any fuch Fee or Re- Penalty of _. ward, then to lofe his Place alio and if any undue Preference ol one before' another (ball be made due Preference either in Point of Regiftry or Payment contrary to the true Meaning of this Act by any lueh 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 Cods of Suit to the Party grieved, and (hall be forejudged of his Place or Office ; and if fuch Preference be unduly made by' any his Deputy or Clerk without Dire Privity of his Mafter, then fuch Deputy or Clerk only iliall be liable W Inch Action* Debt, Damage* arid Cons, and (hall be for ever after incapable of his Place of Office ; and in -tile the Auditor of the Receipt (hall not direct the faid Orders of Loan, or the Clerk of the : Pel's, record, or the Teller make- Payment upon fuch Order, according to each Perfon's due Place and Order, as before directed, then he or they (hall be adjudged to forfeit, and the refpective Deputies and Clerks therein unending to be liable to fuch Action, Debt, Damages, and Cofts, in fuch Manner as aforefaid : All which (aid Pe- nalties* Forfeitures, Damages, and Cofts* to be incurred by any theOlficers of the Exchequer, or any their Deputies or Clerks, mail and may be recovered by Action of Debt, Bill* Plaint, or Information in any of his Majefty's Courts of Record at lVe[lminftei ' wherein no' Efiom* Protection, Privilege, Wager of Law, Injunction, or Order of Reibraint, (hall be in any wife granted oraMowed.' IV. Provided ■ always, and it is declared* That if it (hall happen that feveral Tallies of ■ Loaffi, No undue Pre. or Orders for Payment, as aforefaid, bear Date, or be 'Brought -the fame -Day to the Auditor of the ference where Receipt to be regiftred, then it mall be interpreted no undue Preference, which of fhofe be entered Jf^" | r c e the firft, fd as he enters them all the fame Day. f ame bay.' V. Provided alfo, That it (hall not be interpreted any undue Preference, to incur any Penalty ih Nor if fuhfe Point of Payment, if the Auditor direct, and the Clerk, of the Pells record, and the Tellers do pay, quent ©r4t>uors Perfons that did riot come to take their Monies,- arid bring their Orders in Courfe, fo as there be lb J, u c t demai*d*Ui, r much Money referved as will fatisfy precedent Orders, SvhiCh (hall riot be ofherwife difpofed of, but kept for them, Intereft upon Loan being to ceafe from the Time the Money is fo referved and kept iri Bank for them. VI. And be it further enacted, That all and every Perfon and Perfons to whom any Money- (hall be Orders affign. due for Loans to be regiftred by virtue of this Act, after Order entered in the Book of Regiftry as afore- a . ble ""'•" l m - faid, his, her or their Executors, Adminiftrators or Affigns, by proper Words of Alignment to be""' indorfed and written upon his, her or their Order* may affign or transfer his, her of their Right, Title, Intereft and Benefit of fuch Order, or any Par* thereof* to any other ; which being notified in the Office of the Auditor of the Receipt as aforefaid;,- and- an Entry br Memorial thereof alfo made in the Book of Re- o-iftry aforefaid for Orders (which the Officers (hall upon 1 Requeff without Fee of Charge accordingly _ make) (hall intitle fuch Affignee* his* her or their Executors, Adminfftraters, Succefibrs and Afligns, to The a the Benefit thereof and Payment thefeon, and fuch Affignee may in like Manner affign again, arid -fo mentnot'to p totics quoiies ; and afterwards it (hall not be in the Power of fuch Perfon or Perfons who -have or vo ' e ' hath made fuch Affignment to make void, releafe or difcharge the fame, or any the Monies thereby due, of arty Part thereof. -'!' VII. And to the end' there fnay be no Want or Failure of a certain Sum riot to exceed in -the whole the faid Sum of one million, tb'be railed' either by fudi Loans as aforefaid, or by ifluing Exchequer Bills as is- hereiri after mentioned, or by both or either .of ,thofe Ways or Means, fof the 'publick Service; Be it further enacted by the Authority aforefaid, That in cafe the Corhrriifiiohers" of his .-Majefty's Trea&ryni . Treafury, Or any three or more of theirt now being, of the Fiigh Treafurer* or any three or more of "} 3kt ne _iT j-'^" ■ the Commiffioners of the Treafury for the time being, (hall judge it more -advifeable to raife the GfiiS formatting tire Sum of one million, or any Part thereof, by Exchequer Bills iriffead of fuch Loans as aforefaid; that then ("aid one b Mii- they reflectively are hereby authorized and impowered at any Time or Times to preiiare and mak e* llon > &c * or caufe to be prepared and made, at the Exchequer any Number of new Exchequer Bills 1, for aiiy ' Sum or Sums of Money, not exceeding in. the whole the faid Sum of pne million, together 1 vvith fuch Loans as aforefaid, in the fame or like Manner, Form or Order, antf according to the fame, or-, like sn/lojuo Rules and Directions' as in and by a certain' Act of Parliament, for' granting an Aid to his : Majelty by 19 GeoHa c. % a- Land Tax, for the Service' of the Year ohe'thbufand feven hundred' aW forty-fix, are 'enacted and -- J '-i> ■»*<>* prescribed concerning the Exchequer Bills to be made in purfuance of the faid Act. • ■ VIII. And be it further enacted by the. Authority aforefaid, That all and- every the Claufes/Pro-Tiie Excheqiftl 1 ' vifoes, ' Powers, Privileges, Advantages, Penalties, Forfeitures 1 arid Difabilities contained' in the faid >. B „'!' s to be fub>- laft-mentioned Act, relating to the Loans' of Exchequer Bills authorized to be made by -the fame AcTKe S u°ations! mC (except fuch Claufes as do charge. the fame on the Aids, Taxes or Affeffmenfs granted by the 1 fame Act) ihallbe applied and extended, to the Exchequer Bills f'o be made in piirfuarice of'this; Ait,- asrfully and effectually to all, Intents and Pnrpofes as if the faid'Exchequef Bills had been etrgrna'iy.' - authorized by the faid laft-mentioned' Act, or as if the faidfevefal Claufes or Provifoe's had been p-.tr-- • t-icuiarly repeated or re-enacted in the Body of this preferit Act. • ' " • : - IX. And be it enacted' by the Authority aforefaid-, That all the Exchequer Bills ; as' (hall- be made- in E-^iiequei-. ..- purfuance of this Act, and the Intereft, Premium, "Rate and- Charges.' incident to, or attending the ?" l3 r ' e *?j *° fame, (hall be and are hereby charged and chargeable upon, and (hall be' repaid and' borne 'by or out offefthe sinking the growing Produce of the faid- SurplulTes, ExceiTes or Overplus- Monies 1, commonly •called Ths 8lrf$- ^ und - 4 S z ing