Page:Ruffhead - The Statutes at Large - vol 7.djvu/154

 jjo C. ^3. Anno vicc{imo primo Georgii IL A. D. 1748. cdled The Sinking Fund, as aforefald, fliall be in the fame Order liable to the Eatitfaftion of the faid refpec- tive Perfons, and Body or Bodies Politick or Corporate, their Exicutors, Adrriiiiiftrators, Succeflbrs or AfligHS rcfpeflively, without any undue Preference of one before another, and not otherwiff ; and fliall not be diverted or divertible to any other Ufe, Intent or Purpofe whatfoever (other than ftich Ules or Purpolc^ Wo Fee for re- as are appointed by any other A£l or Acts of Parliament in that Behalf as aforefaid ;) and thet no Fee, Re- eift;ring, fcc ward Or Gratuity dire£ily or indirectly fliall be demanded or taken of any of his Majefry's Subjects for pro- viding or making of any fuch Books or Registers, or any Entries, Views or Searches in or for Payment of Money lent, or the Intereft thereof as aforefaid, by any of his Rlajefty's Officer or Officers, their Clerks Penalty, 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 ^t'ee or Rev/ard, then to lofe hie Place Silfo 5 and if any undue Preference of one before another fhall be made either in point of Regiftry or Pay- ment, contrary to the true Meaning of this Acfl, by any fuch Officer or Officers, then the Party offending fliall be liable by Adion of Debt or on the Cafe, to pay the Value of the Debt with full Cofls of Suit .~> the Party grieved, and fhall be forejudged of his Place or Office ; and if fuch Preference be unduly made by any his Deputy or Clerk, without Direftion or Privity of his Mafter, then fuch Deputy or Clerk only fliall be liable to fuch AiStion, Debt, Damages and Cofts, and fhall be for ever after incapable of his Place or Office ; and in cafe the Auditor of the Receipt fhall not direcS the faid Orders of Loan, or the Clerk of the Pells record, or the Teller make Payment upon fuch Order, according to each Perlbn's due Place and Order-as before direded, then he or they fliall be adjudged to forfeit, and the refpedive Deputies and Clerks therein offending, to be liable to fuch AiSlion, Debt, Damages and Cofls, in fuch Manner as aforefaid ; all Penali'caliow to which faid Penalties, Forfeitures, Damages and Cofts, to be incurred by any the Officers of the Exche- te recovered. quer, or any their Deputies or Clerks, fhall and may be recovered by Aftion of Debt, Bill, Plaint or In- formation, in any of his Majefly's Courts of Record at Wejiminfter ; wherein no EfFoin, Protc<ftion, Privi- lege, V/ager of Law, Injunflion or Order of Reftraint fliall bein any wife granted or allowed. Provjfo. 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- giftered, then it fliall be interpreted no undue Preference which of thofe be entered firfl, fo as he enters, them all the fame Day. Provifo, VI. Provided alfo, That it fhall not be interpreted any undue Preference to incur any Penalty in point of Payment, if the Auditor dired: and the Clerk of the Pells record, and the Tellers do pay fubfequent Orders to Perfons that come and demand their A4onies, and bring their Orders, before other Perfons that <iid not come to take their Monies, and bring their Orders in Courfe, fo as there be fomuch Money refer- ved as will fatisfy precedent Orders, which fliall not be otherwife difpofed of, but kept for them ; Intereft upon Loan being to ceafe from the Time the Money is fo referved and kept in Bank for them. Orders aflign. VII. And be It further enaded. That all and every Perfon and Perfons to whom any Money fhall be due ^ '^' for Loans to be regiftred by virtue of this AcSt, after Order entered in the Book of Regiftry as aforefaid, his, her or their Executors, Adminiftrators or Afligns, by proper Words of Affignment to be indorfed and written upon his, her or their Order, may affign or transfer his, her and their Right, Title, Intereft and Benefit of fuch Order pr any Part thereof to any other ; which being notified in the Office of the Auditor of the Receipt as aforefaid, and an Entry or Memorial thereof alfo made in the Book of Regiftry aforefaid No Fee for for Orders (which the Officers fhall upon Requeft without Fee oj Charge accordingly make) fhall intitle Entry. fuch Affignee, his, her or their Executors, Adminiftrators, Succcflors or Afligns, to the Benefit thereof, The Aflignment and Payment thereon, and fuch Affignee may in like Manner affign again, and fo toties quoties ; and after- aoi to be voided, ^^^j^ds it fliall not be in the Power of fuch Perfon or Perfons who have or hath 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 cert;nn Sum not to exceed in the whole the faid Sum of one million, to be raifed either by fuch Loans as aforefaid, or by iffuing Exchequer Bills as is herein after mentioned, or by both or either of thofe Ways or Means for the publick Service; Be it further Treafury may ena<Sed by the Authority aforefaid. That in cafe the Commiffioners oi his Majefty's Treafury, or any three make new B;lls or more of them now being, or the High Treafurer, or any three or more of the Commiffioners of the faiVone"mUlion. treafury for the time being, fhall judge it more advifeable to raife the faid Sum of one million, or any Part &<;. ■' thereof, by Exchequer Bills, inftead of fuch Loans as aforefaid, that then they refpeftively are hereby au^ thorized and impowered at any Time or Times to prepare and make, or caufe to be prepared and made ::t the Exchequer, any Number of new Exchequer Bills, for any Sum or Sums of Money not exceeding in the whole • the faid Sum of one million, together with fuch Loans as aforefaid, in the fame or like IV'Ianner, Form or Or- der, and according to the fame or hke Rules and Directions, as in and by a certain Adt of Parliament (for ^ continuing the Duties upon Malt, Mum, Cyder and Perry, for the Service of the Year one tivoufand fevcn hundred and forty-eight) are cnafted and prefcribed concerning the Exchequer Bills to be made in pur- fuance of the faid Adf. Blst^oYefub" ^^' ^^'^y^^ 't further enadcd by the Authority aforefaid. That all and every the Cliiufcs. Prolfoes,' .(Ito't'tu'tile Re'- Powers, Privileges, Advantages, Penalties, Forfeitures and Difabilities contained in the faid laft-mentioned i;"iati"ns coil- ^^ relating to the Loans or Exchequer Bills authorized to be made by tlic fame A^;!:, except fuch Caufes as tauiecUii2i do charge the fame on the Rates or Duties granted by the fime Aft, fliall be .applied and extended to the Geo, 2. c, I, Exche(juer Bills to be made in purfuance of this Aift, as fully and cftcctually to all Intents and Purpoies as if the faid Exchequer Bills had been originally authorized by the fiid laft mentioned Act, or r.s if the laid feveral Claufes or Provifoes had been particularly repeated or re-eniiLted in the Body of this p; lent A<5t. ■'^'/Yj'|'r„^''v ^' ^'"^ ^'^ '"^ enafled by the Authority aforefaid. That all the Exchequer Bills as fliall be made in pur- ^ut'orthVsjX ""^"'^^ "' ''^'^ ^'^' ^'"'^ the Intereft, Premium, Rate and Charges incident to or attending the fune, fhall ing Fund. be and are hereby charged and chargeable upon, and fliall be repaid and borne by or out of the growing fucii
 * Produce of the faid Surpluffes, Exceftes or Overplus Monies, commonly called The Sinking Fund (except