Page:Ruffhead - The Statutes at Large - vol 7.djvu/636

 6i6 C. 22. Anno vicefimo odlavo Georgii II. A. D, 1755. next entered, fliall be taken and accounted to be the fccond Perfon to be paid, and fo fucccflively and in courfe ; and that the Monies to come in, of, or for the faid Surpluffes, Excefles and Overplus Monies, or other Revenues compofing the Sinking Fund as aforefaid, Ihall be in the fame Order liable to the Satisfadtion of the faid refpeftive Perfons, and Body or Bodies Politick or Corporate, their Executors, Adminiftrators, uo lindue Piefe- Succeirors or Affigns refpeftivcly, v/ithout any undue Preference of one before another, and not otherwife ; fence. and fhall not be diverted or divertible to any other Ufe, Intent, or Purpofe whatfoever (other than fuch Ufes andPurpofes as are appointed by any other A£l: or Afts of Parliament in that Behalf as aforefaid) and that Ko Tee to be no Fee, Reward or Gratuity, direftly or indircflly, fliall be demanded or taken of any of his R4ajefty's Sub- laken, je£ts, for providing or making of any fuch Books or Regifters or any Entries, V iev/s or Searches, in or for Pajr^ ment of A-Ioney lent, or the Intereft thereof as aforefaid, by any of his Majefty's Officer or Officers, their on Pain of treble Clerks or Deputies, on Pain of Payment of treble Damages to the Party grieved, by the Party offending, Damages, and ^^^ {^^l Cofts of Suits ; or if the Officer himfelf take or demand any fuch Fee or Reward, then to lofehis " ^j Place alfo; and if any undue Preference of one before another fhall be made, either in Point of Regiftry Preference *''" Payment, contrary to the true Meaning of this AQ, by any fuch Officer or Officers, then the Party of- fending fhall be liable by Aftion of Debt, or on the Cafe, to pay the Value of the Debt, with full Colls of Suit, to the Party grieved, and (hall be fore-judged of his Place or Office; and if any fuch Preference be unduly made by any his Deputy or Clerk, without DireiSfion or Privity of his Riafler, then fuch Deputy or Clerk only fhall be liable to fuch Adion, Debt, Damages aud Cofts, and fliall be for ever after incapable of his Office or Place ; and in cafe the Auditor of the Receipt fliall not diredl the faid Orders of Loaji, or the Clerk of the PeJls record, or the Teller make Payment upon fuch Orders, according to each Perfon's due Place and Order as before directed, then he or they fliall be adjudged to forfeit, and the refpeftive De- puties and Clerks therein offending, to be liable to fuch Afi'ion, Debt, Damages and Cofts, in fuch Man- ner as aforefaid ; all which faid Penalties, Forfeitures, Damages and Cofts, to be incurred by any of the Officers of the Exchequer, or any of their Deputies or Clerks, fhall and may be recovered by Action of J3ebt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at JVcJhnlnJicr ; wherein no Efioin, Protection, Privilege, Wager of Law, Injunftion, or Order of Reftraint, Ihall be in any wife granted or allowed. Previfoes relating VI. Provided always, and it is declared, That if it fliall happen that feveral Tallies of Loan or Orders to Orders of the for Payment as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Receipt to be re- fatneData, giftered, then it fhall be interpreted no undue Preference which of thofe be entered firft, fo as he enters them all the fame Day. and to Payment ^^- Provided alfo. That it fhall not be interpreted any undue Preference, to incur any Penalty in point offubfequentOr-of Payment, if the Auditor direft, and the Clerk of the Pells record, and the Tellers do pay fubfequent ders.before others Orders to Perfons that come and demand their Monies, and bring their Orders, before other Perfons that notbioughtin (jj^^ j^qj. ^^^ their Monies, and bring their Orders in Courfe, foas there be fo much Money referved as will fatisfy precedent Orders, which fhall 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. Method of tran5- VTlI. And be it further enafted. That all and every Perfon and Perfons to whom any Money fliall be due feiring. for Loans to be regiftered by virtue of this Aft, after Order entered in the Book of Regifter as aforefaid, his, her, or their Executors, Adminiftrators or Affigns, by proper Words of Affignment to be indoi fed and written upon his, her, or their Order, may affign and transfer his, her, or their Right, Title, Intereft and Benefit of fuch Order, or any Part thereof, to any other, which being notified in the Office of the Auditor of the Receipt aforefaid, and an Entry or Memorial thereof alfo made in the Book of Regiftry afore- faid, for Orders (which the Officers fliall upon Requeft, without Fee or Charge, accordingly make) fhall intitle fuch Affign^e, his, her or their Executors, Adminiftrators, SuccelTors and Affigns, to the Benefit thereof, and Payment thereon ; and fuch Affignee may in like manner affign again, and fo ioths quoties ; and afterwards it fhall 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 Monies thereby due, or any Part thereof. IX. And to the End there may be no Want or Failure of a certain Sum not to exceed in the whole the faid Sum of one million four hundred and twenty thoufand Pounds, to be raifed ei;her by fuch Loans as afore- faid, or by iflliing Exchequer Bills as is herein after mc-ntioned, or by both or either of thofe Ways or The faid Sum Means, for the publick Service ; Be it further enacted by the Authority aforefiiid. That in cafe the Com- niay be rajfed by ^iflJQ^gi-g ^f j^|<, Majefty's Treafury, or any three or more of them now being, or the High Treafurer, or lixcicijuer Bi s, ^^^y thren or more of the Commiffioners of the Treafury for the Time being, Ihall judge it more advifcable to raife the faid Sum of one million four hundred and twenty thoufiind Pounds, or ajiy Part thereof, by Ex- chequer Bills, inftead of fuch Loans as aforefaid, that then they refpeclivcly arc hereby authorized and impowered at any Time or Times to prepare and make, or caufe to be prepared and made at the Exchequer, any Number of new Exchequer Bills, for any Sum or Sums of iMoney, not exceeding in the whole the faid Sum of one million four hundred and twenty thoufand Pounds, together with fuch Loans aforefaid, in the fame or like Manner, Form or Order, and according to the fame or like Rules and .sSGco.s, c. 2. Direftions, as in and by a certain Act ofParliament (for continuing and granting to his Majefty cer- tain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year one thoufand feveii hun- dred and fifty-five) are enadied ajid prefcribed concerning the Exchequer Bills to be made in purfuance of tile faid Aa ^ X. And