Page:Ruffhead - The Statutes at Large - vol 7.djvu/412

 392 C 47. Anno vicefimo quarto Georgii II. A. D» 175 1. per Annum, fo as fuch Loans be allowed to be made by the faid Commiflioncrs of the Treafury, or any three or more of them now being, or the High Treafurer, or any three or more of the Commiflioners of the Treafury for the Time being, who are hereby authorized to ifluc their Warrants for that Purpofe as faft as fuch Loans fliall be wanted for the publick Service ; and moreover, that no Money to be lent upon the Security of this Aft, fhall be rated or aireiled to any Tax or Afleflrnent whatfoever. Tallies and Or- IIL And be it further enafted, That all and every Perfon and Perfons who fhall lend any Money upon dcrs for Rrpay- thc Credit of this Aft as aforefaid, and pay the fame into the Receipt of the Exchequer, (hall immediately ">'"'» have a Tally of Loan ftruclc for the fame, and an Order for his, her or their Repayment, bearing the fame Date with his, h.r or their Tally, in or upon which Order fhall be alfo contained a Warrant for Payment to carry 3I. per of Intereft for the Forbearance thereof, not exceeding thc faid Rate of three Pounds A^r Cintiim per Annum; Th"Vrderrto be*^'"^ ^° ^^ P'^''^ every three Month?, until the Repayment of the Principal ; and all fuch Orders forRepay- regiftcredTand ^ ment of Monev fo to be lent, fhall be regiftered in Courfe, according to the Dates refpcfti. ely, and that faid in Courfe. all and every Perfon and Perfons fhall be paid in Courfe, according as their Ord.-rs fhall fland regiftered in the i'aid 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 Re- gifter, fhall be taken and accounted to be the firfl Perfon or Perfons to be paid out of the faid Surpluil'es, ExcefTes or 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 Surpluiles, ExcefTes or Overplus Monies, commonly called the Sitikhig Fund as aforefaid, (hall 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 Affigns refpeftively, without any undue Preference of one before another, and not otherwife, and fhall not be diverted or divertable to any other Ufe, Intent or Purpof; whatfoever, (other than fuch Ufes and Pur- No Fee for re- pofes as are appointed by any other Aft or Afts of Parliament in that Behalf as aforefaid ) and that no Fee, gifttrmg. Reward or Gratuity direftly or indireftly fhall be demanded or taken of any of his Majefty's Subjefts for providing or making of any fuch Books or Regiflers, or any Entries, Views or Searches, in or for Pay- ment of Money lent, or the Interell 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 offend- ing, with full Cofts of Suit; or if the Officer himfelf take or demand any fuch Fee or Reward, then to Penalty. lofe his Place alfo; and if any undue Preference of one before another fhall be made, either in point of Regiflry or Payment, contrary to the true Meaning of this Aft, by any fuch Officer or Officers, then the Party offending fhall be liable by Aftion of Debt, or on the Cafe, to pay the Value of the Debt, with full Cofts of buit, to the Party grieved, and fha'.l be forejudged of his Place or Office; and if any fuch Preference be unduly made by any his Deputy or Clerk, without Direftion or Privity of his Mafler, then fuch Deputy or Clerk only fhall be liable to fuch Aftion, Debt, Damages and Coils, and fhall be for ever after incapable of his Office or Place; and in cafe the Auditor of the Receipt fhall not direft the faid Orders of Loan, or the Clerk of the Pells record, or the Teller make Payment upon fuch Orders, accord- ing to each Perfon's due Place and Order as before direfted, then he or they fhall be adjudged to forfeit, and the refpeftive Deputies and Clerks therein offending, to be liable to fuch Aftion, Debt, Damages and Forfeitures how Cofts in fuch Manner as aforefaid ; all which faid Penalties, Forfeitures, Damages and Cofts to be incurred to be recovered, by any the Officers of the Exchequer, or any their Deputies or Clerks, fball and may be recovered by Aftion of Debt, Bill, Phiint or Information, in any of his Majefty's Courts of Record at JFtJ{minJier, wherein no Effoin, Proteftion, Privilege, Wager of Law, Injunftion or Order of Reftraint fhall be in any wife granted or allowed. N« undue Pre- IV. Provided always, and it is declared. That if it fhall happen that feveral Tallies of Loan, or Orders fercncc, where for Payment as aforefaid, bear Date or be trought the fame Day to the Auditor of the Receipt, to be re- Taihes are dated gi[}.g^gj^ then it fhall be interpreted no undue Preference which of thofe be entered firlt, fo as he enters the fame Day. them all the fame Day. Noriffubfcquent V. Provided alio, 'Fhat it fliall not be interpreted any undue Preference to incur any Penalty in point of Orders be paid Payment, if the Auditor direct, and the Clerk of the Pells record, and the Tellers do pay fubfequent Qr- ''^'"'^'^ 't^de^ ^' '^'^'^^ '° Perfons that come and demand their Monies and bring th.ir Orders, before other Perlbns that did td i,i"coui^!" ""°'- come to take their Monies and bring their Orders in Courfe, lb as there be (b much Money referved as will fatisfy precedent Orders, which fhall not be otherwile difpofed of, but kept for them, Intereft upon Loan being to ceafe from the Time the Money is ib relerved and kept in Bank for them. Orders amjnable VI. And be it further enafted. That all and every Perfon and Perlbns to whom any Money fliall be due sotics c|uoues, f^r Loans, to be rcgiftred by virtue of this Aft, after Order entered in the Book of Regifter as aforefaid, his, her or their Executors, Adminiitrators or Affigns, by proper Words of Affignment to be inviorfed and written upon his, her or their (^rder, may ailign and transfer his, her or their Right, Title, Intereft and Bene t of fuehOrdcr, or any Part thereof, to any other, which being notified in the OiHce of the Audi- tor of the Receipt aforefaid; ajid an Entry or Memorial thereof alio made in the Book of Rcgiftry aforefaid, No Fee for for Orders (which the Officers fhall upon Rcqueft, without Fee or Charge, accordingly make) fhall in- tntry, title fiich Affignee, his, her or their Executors, Adminiftrators, SuccefTors and Alfign's to the Benefit thereof, .ind Payment thereon, and fuch Aifignee may in like manner ailign .again, and fo i.tis quctics ; The Amgnnienrand afterwards It fhall not be in the Power ot luch Perfon or Peribns who have or hath made luch Affign- iiottobe voided, meat, to make void, releafe or difchargc the fame, or any thc Monies thereby due, or any F.irt thereof. VIL And,