Page:Ruffhead - The Statutes at Large - vol 7.djvu/278

 234 C. 21. Anno vicefimo tertio Georgii IF. A. D. 1750. ' them, or of any Commlffioners, Farmers or Managers of thefe Revenues, or any of them for the time ' being : And whereas fome Doubts liave arifen, whether by the above recited Act:, the above refpedtive ' yearly Funds of ten thoufand Pounds, and two thoufand Pounds, can or may be charged upon, and paid ' out of IVTonies arifen or to arife from any Cuftoms, Duties, Excifes or Revenues, granted or inipofcd ' upon that Part of Great Britain called Scotland^ fmce the making of the faid A61: :' Now, for preventing The yearly the fame for the future, be it declared and enaflcd by the Authority aforefaid, That the faid yearly Funds of Funds of ten thoufand Pounds, and two thoufand Pounds, fnall, during the Continuance thereof refpeclively, yearly, 10 000 1. and gj^jj gyg,-y Year, be paid and payable out of all and every the Cuftoms, Duties, Excifes and Revenue?, ^a°dout'^of the granted or impofed upon that Part of Great Britain called Scotland, that are under the Management of the Revenue of Commiffioners of the Cuftoms, and Commiffioners of the Excife in Scotland, or either of them, or of any Scotland. Commiffioners, Farmers or Managers of thefe Revenues, or any of them for the time being, fmce the making of the faid Act, as well as out of the Cuftoms, Duties, Excifes and Revenues, that fubfifted under Provifo. the Management aforefaid, at the Time of making the faid A6t ; fubjeft neverthelefs to the feveral Pov/ers, Claufes and Provifions in the faid recited Ait mentioned and provided. Claufeof Loan VI. And it is hereby enafted by the Authority aforefaid. That in cafe the faid CommifTioners of his Ma- ac 3 1. per Cent., jefty's 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, ihall think it advifeable to raife the faid Sum of nine hundred thoufand Pounds, or any Part thereof, by Loans or Exchequer Bills, in Manner herein after men- tioned, that it fliall and may be lawful to and for any Perfon or Perfons, Natives or Foreigners, Bodies Po- litick or Corporate, to advance or lend to his Majefty, at the Receipt of his Majefty's Exchequer, any Sum or Sums of Money not exceeding the faid Sum of nine hundred thoufand Pounds, upon the Credit of the faid Surplufles, Exceftes, or Overplus Monies, commonly called The Sinking Fund; and to have and receive for the Forbearance of the Money lent, Intereft after a Rate not exceeding three bounds per Centum per An- num, fo as fuch Loans be allowed to. be made by the faid Commiflxoners 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 Trea- fury for the time being, who are hereby authorized to ifTue their Warrants for that Furpofe as faft as fuch Loans fhall be wanted for the publick Service ; and moreover that no Money to be lent upon the Security of this A£t fhall be rated or affefied to any Tax or AflefTment whatfoever. T.j!Iics and Or- VIL And be it further enafled, That all and every Perfon and Perfons who {hall lend any Money upcn cets for Repay, the Credit of this Aft as aforefaid, and pay the fame into the Receipt of the Exchequer, fhall immediately ""''^'"^' have a Tally of Loan ftrucfc for the fame, and an Order for his, her or their Repayment, bearing the fan-.e ' Date with his, her or their Tally, in or upon which Order fhall be alfo contained a Warrant for Paymert to carry 3 1. per of Litereft for the Forbearance thereof, not exceeding the faid Rate of three Pounds per Centum per Annitrr, Cent. Intereft. ^^^ jq jjg pgj^] every three Months, until the Repayment of the Principal ; and all fuch Orders for Repay- Orders to be re- ment of Money fo to be lent fhall be regiftred in Courfe according to the Dates refpeftively ; and that all £-■'■.• ^"<' and every Perfon and Perfons fhall be paid in Courfe, according as their Orders fhall ftand regiftred in the paiL in Courfe. ^^j j Regifter Books, fo as the Perfon or Perfons, Natives or Foreigners, his, her or their Executors, Admi- niftrators 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 SurplufTes, lixceiTes or Overplus Monies ; and he, fhe or they, who fliall 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 fucceffively and in Courfe ; and that the Monies to come in, of or for the faid Surplufles, Excefies, ox Overplus Monies, commonly called The Sinking Fund, as aforefaid, fhall be in the fame Order liable to the Satisfaftion of the faid refpec- tive Perfons, and Body or Bodies Politick or Corporate, their Executors, Adminiftrators, Succeflbrs or Af- figns refpeftively, without any undue Preference of one before another, and not otherwife ; and (hall not be diverted or divertible to any other Ufe, Litent or Purpofe whatfoever (other than fuch Ufes and Purpofes >jn Vec for re- as'arc appointed by any other Aft or Afts of Parliament in that Behalf as aforefaid ;) and that no Fee, Re- £,i!i«ingj &c. ward or Gratuity direftly or indireftly fhall be demanded or taken of any of his Majefty's Subjefts for pro- viding 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 aforefaid, 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 Ptn.'.liy. Cofts of Suit ; or if the Officer himfelf take or demand any fuch Feeor Reward, then to lofe his Place alfo ; and if any undue Preference of one before another fiiall be made either in point af Regiftry or Pavment, contrary to the true Meaning of this Aft, by any fuch Officer or Officers, then the Party offending ftiall be liable by Aftlon of Debt, or on the Cafe, to pay the Value of. the Debt with full Cofts of Suit to the Party " grieved, and ihall be forejudged of his Place or Office ; and if fuch Preference be unduly made by any his Deputy or Clerk, without Direction or Privity of his Mafter, then fuch Deputy or Clerk only fiiall be liable to fuch Aftion, Debt, Damages and Cofts, and fnall be for ever after incapable of his Office or Place ; and in cafe the Auditor of the Receipt fhall not direft the fiiid Orders of Loan, or the Clerk of the Pells record, or the Teller make Payment upon fuch Orders, according to each Perfon's due Place and Order as before di- refted, then he or they fhall be adjudged to forfeit, and the refpcftiye Deputies and Clerks therein oftending, Penaltifs how to be liable to fuch Aftion, Debt, Damages and Cofts, in fuch Manner as aforefaid ; all which faid Penat- to be recovered, ties, Forfeitures, Damages and Cofts, to be incurred by any the Officers of the Exchequer, or any their Deputies or Clerks, fliall and may be recovered by Aftion of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at Weflmirjhr wherein no Iiflbin, Proteftion, Privilege, Wager of Law, Injunftion or Order of Reftraint fhall be in any wife granted or allowed. No undue Pre- V'ill. Provided always, and it is declared. That if it fhall happen that feveral Tallies of Loan or Orders fn-cKcc, wh'jre f^^ Payment as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Receipt to be regi- Oie r ime'Day"^ ftred, then it Ihall be interpreted no undue Preference which of thofc be entered firft, foas he enters thtm ^l '' ^ all the fame Day. 3 IX. Pro-