Page:Ruffhead - The Statutes at Large - vol 7.djvu/214

 lyo C 42r Anno vicefimo fecundo G eorgii II. A. D. 1749. your MajeiVy that it may be enafted, and be it ena£led by the King's mod Excellent Iilajefty, by and witfi the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prclent Parliament One million aflemblcd, and by the Authority of the fame, That by or out of fuch Monies as now are, or fhali frorn. gianteti out of time to time be and remain in the Receipt of the Exchequer, of the faid Surplufles, Excefl'es, or Overplus the Sinking Monies, commonly cvMed The Sinking Fund ('after paying or referving fufficient to pay all fuch Sum and the"su'pr'" ^ Sums of Money as have been direiled by any former Aft or Afts of Parliament to be paid out of the fame) there flial! and may be iffucd and applied a Sum not exceeding the faid Sum of one million, for and towards the Supply granted to his Majefty for the Service of the faid Year one thoufand feven hundred and forty- nine ; and the CommiiHoners of his Majefty's Treafury, or any three or more of them now being, or the Fligh Treafurer, or any three or more of the Commiffioners of the Treafury for the time being, are hereby authorized and impowered to iffue and apply the fame accordingly. Claufe of Loan j|_ ^^j jj. jj hereby enacted by the Authority aforefaid, That in cafe the faid Commiffioners of his Afa- at 4. per (^eiit. jgf|.y'g Treafury, or any three or more of them now being, or the High Treafurer, or any three or more of the CommiHioners of the Treafury for the time being, fhall think it advifeable to raife the faid Sum of one million, or any Part thereof, by Loans or Exchequer Bills, in Manner herein after mentioned, that it fhall and may be lawful to and for any Perfon or Perfons, Natives or Foreigners, Bodies Politick or Corporate, to advance or lend to his Majeflry, at the Receipt of his Majefty's Exchequer, any Sum or Sums of Money not exceeding the faid Sum of one million, upon the Credit of the faid Surplufles, Excefles, or Overplus Monies, commonly cixWzd The Sinklng^ Fund ; and to have and receive for the Forbearance of the Money lent, Intereft after a Rate not exceeding four Pounds pe?- Centum per Annum, fo as fuch Loans be allowed to be made by the faid Commiffioners of the Treafury, or any three or more of them now being, or the High Treafurer, or any three or more of the Commiffioners of the Treafury for the time being, who are hereby authorized to ifiue their Warrants for that Purpofe as faft as fuch Loans fhall be wanted for the pub- lick Service ; and moreover that no Money fo to be lent upon the Security of this Ait fhall be rated or af- fefTed to any Tax or Affeffment whatfoever. Tallies ami Or-- HL And be it further enaifted, That all and every Perfon and Perfons whofliall lend any Money upon the cteis for Repaj- Q-e(Jit of this K& as aforefaid, ■ and pay the fame into the Receipt of the Exchequer, fhall immediately have ment, .^ Tally of Loan firruck for the fame, and an Order for his, her or their Repayment, bearing the fame Date with his, hercir their Tally, in or upon which Order fhall bealfo contained a Warrant for Payment of In- to carry 4 1, per. tereft for the Forbearance thereof, not exceeding the faid Rate of four Pounds per Centum per Anman, and Cent. Intereft. to be paid every three Months, until the Repayment of the Principal ; and all fuch Orders for Repayment Orders to be re- of Money fo tobe lent fliall be regiftred in Courfe according to the Dates refpeftively ; and that all and gifter'd, and every Perfon and Perfons fhall be paid in Courfe, according as their Orders fnall ftand regiftred in the faid paid m Courfe. Regifter Books, fo as the Perfon or Perfons, Natives or Foreigners, his, her or their Executors, Admini- ftrators or Affigns, who fhall have his, her or their Order or Orders firft entered in the faid Books of Re- gifter, fhall be taken and accounted to be the firft- Perfon or Perfons to be paid out of the faid Surplufles, Ex- cefles, or Overplus Monies ; and he, fire or they, v/ho 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 Surplufles, Exceffes, or Overplus Monies, commonly called The Sinking Fund, as aforefaid, fhall be in the (ame Older liable to the Satisfaction of the faid refpeflive Perfons, and Body or Bodies Politick or Corporate, their Executors, Adminiftrators, Succeflbrs or Affigns refpe61ivelv, v/ithout any undue Preference of one before another, and not otherwife ; and Ihall not be di- verted or divertible to any other Ufe, Intent or Purpofe whatfoever (other than fuch Ufes and Purpofes as No Fee for re- are appointed by any other Actor Afls of Parlia^r.ent in that Behalf as aforefiid ;) and that no Fee, Reward giftering, &.-c. 'or Gratuity direilly or indiredily fnall be demanded or taken of any of his Majeily's Subjefts for providing or making of any iuch Books or Regifters, or any Entries, Viev/s or Searches in or for Payment of Tvloney lent, or the Intereft thereof as aforefaid, by any of his Majefty's Officer or Officers, their Clerks or Depu- Pcnalty. '''"^5, on Pain of Payment of Treble Damages to the Party grieved by the Party offending, vvfith full Cofts of Suit ; or if the Officer himfelf take or demand any fuch Fee or Reward, then to lofc |-,is Place aMo ; and if any undue Preference of one before another fliall be made either in point of Regiftry or Payment, con- trary to the true Meaning of this Aft, by any fuch Officer or Officers, then the Party oftcnding ftiall he liable by Aftion of Debt, or on the Cafe, to pay the Value of the Debt with full Cofts of Suit to the P.;riy grieved, and fliall be forejudged of his Place or Office ; and if fuch Prefcrciice be unduly made by any his IDeputy or Clerk, without Dii'cftion or Privity of his Maftcr, then fuch Deputy or Clerk only fhall be liable to fiich Airion, Debt, Damages and Cofts, and fhall be forever after incapable of his Office or Place; and in cafe the Auditor of the Receipt fliall not direft the faid Orders of Loan, or the Clerk of the Pells record, or the Teller make Payment upon ftich Orders, according to each Perfon's due Place and Order as before directed, then he or they fliall be adjudged to forfeit, and the rcfprftive Deputies and Clerks therein oftcnd- finslti.-s Iipw ■ ing, to be liable to fuch Aftion, Debt, Damages and Cofts, in fuch Manner as aforefaid ; all which f.ud to be veeovoi'cd, Penalties, Forfeitures, Damages and Cofts, to be incurred by any of the Officers of the Exchequer, or any their Deputies or Clerics, fliall and may be recovered by riftion of pebt, Bill, Plaint or Information, in any of his Ixlajefty's Courts of Record at JFeflininjh'r ; wherein no Effoin, Protcftion, Privilege, Wagir of Lav.', Injunftion, or Order of Reftraint fliall be in any wife granted or allowed. No undue Pre- IV. Provided always, and it is declared. That if it fhall happen that fcveral Tallies of Loan or Orders f.rence, where j-q,. Payment as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Receipt to be regi- b'oui'ht ""e ftred, then it fliall be interpreted no undue Preference which of thofe be entered firft, (o as he enters them f.imc'o.iy.''' a" the fiune Day. _ Nor if fubic- ^ • Provided alfo. That it fl.iall not be interpreted any undue Preference to incur any Penalty in point of quent Orders Payment, if the Auditor direft-, and the Clerk of the Pells record, and the Tellers do pay fuhiijquent Orders be luU bsfurc to Perfons that come and demand their Monies, and bring their Orders, before other icrfons'that did not COU'.C