Page:Ruffhead - The Statutes at Large - vol 8.djvu/452

 4i8 C. 7. Anno tricefimo tertio Georgii IL A. D. 1759. bb Place, and be for ever after incapable of any Office or Place of Truft whatfoever, and fhall an- fv/er and pay Treble Cofts of Suit to any Contributor or Perfon claiming under him that will fue for the fame, to be recovered by Action of Debt, Bill, Plaint or Information, in anv of his Ma- jefty's Courts of Record at lVcJ}?n'mJhr^ wherein no Eilbin, Protection, Privilege or Wager of Lav/, injundfion or Older of Reftraint, or any more than one Imparlance, fhall be granted or allowed ; and in the faid Adion the Plaintift, upon Recovery, fhall have full Cofts of Suit; one third of ^'hich Sum {hall be paid into the laid Receipt of Exchequer, for the Benefit of his Majefly, his Heirs and Succefibrs, and the other two Thirds fhall be to and for the Ufe of the Profecutor. "" LXV. And whereas in puifuance of a Refolution of the Houfe of Commons, fevcral Tallies and Orders made out at the Exchequer by virtue of an A6t pafFed in the laft Seffion of Parliament, for enabling his Aiajefty to raife the Sum of one million for the Ufes and Purpofes therein menti- oned, have been received by the faid Cafhier or Cafliiers of the Governor and Company of the BanJc oi England^ in lieu and inftead of Cafh, in making the faid Depofits ; and other Tallies and Orders made out by virtue of the faid Acl, may, in purfuance of the faid Refolution, be in like Manner received by the faid Cafhier or Cafhiers in the faid fubfequent Payments j' Be it therefore enacted by the Authority aforefaid, 'J'hat all fuch Tallies and Orders as have been made out at the Ordersmadeout in pur- Exchequer bv virtue of the iaid Acft pafTed in the lart Seflion of Parliament, and fhall be tendered hrsvnlrtotrainng'* ^V ^'^ *'^'^ Cafhier or Cafhiers at the Receipt of the Exchequer in Part of the faid Depofits, or of /.coojocoi. thereon, ^ny future Payment or Payments of the faid Contribution Monies,_{hall, from Time to Time, as Exchequf r Tallies and jr.ay be received as Cafli in Fart of the Depofits, f.rtu'ure Payments, of the Contribution Monies futfcribed on the Credit 8f ihis A&: Tallies to be thereupon the fame fhall be fo tendered, be fet ofF and diredfed, without any Regard to their numerical Order or Courfe, by the Auditor of the faid Receipt, to be taken and allowed as Cafli to the amount of the principal Sums therein contained, and the Intereft thereupon to the Time the fame were or fhall have been received by the faid Cafhier or Cafhiers; and fuch Tallies and Orders fhall accordingly be received as fo much Cafh in Part of the faid Depofits and future Payments refpe£lively, and be allowed in the Accounts of the faid Cafhier or Cafliiers, and fhall from thenceforth be deemed and tiiken, to all Intents and Purpofes, to have been paid and dilcharged, and the Right and Interefl of all Perfons in and to the fame fliall ceafe and be extinguifhed ; and fuch Tallies fhall be cancelled. fi"'rasd.f"lir'e'd^"^^" "'^ ^"^^ Orders fliall be kept in the proper Office or Offices, in^fuch and the like Manner as if the .e ,as I (. rge . fame had been paid at the Receipt of the Exchequer in the due Courfe thereof out of the faid Con- tribution Mo]iies, and as if the Auditor had diredted Payment, and the Clerk of the Pells had re- corded, and the Tellers made Payment, according to the Ufage and Cuftom of the faid Receipt j Ofiirers indemnified for and all the Minifters and Officers of the faid Receipt of Exchequer fhall be and are hereby indemni- ^•^•^'"S- f^,ed for what they fliall do in purfuance or by virtue of this Adt; any thing in the faid Act, or any other AiSt or Ads of Parliament, contained to the contrary notwithftanding. LXVI. Provided always, That no fuch Tallies and Orders fliall be received by the f:iid Cafliier or Cafhiers in the Payment of the faid Contribution Monies, after the faid Tallies and Orders (hall '^utions l>f.c enties of the Ex- chequer, &;c. how to be Sidde good.. Tsilies cr Orders which, /hall be in Courfe of Pay- ment at the Exchequer,. . ^^ r c -> i r • j n ■ r i- u not to he received in Pay- be in Courie of Payment at the iaid Receipt of Exchequer. ment of the f4d Conlri- LXVII. And it is hereby enabled by the Authority aforefaid, That if at any Time or Times it fliall happen that the Produce of the faid feveral Rates, Duties and Impofitions hereby granted, for Payment of the faid fevcral Annuities, fliall not be fufficient to pay and difcharge the feveral and refpective Annuities and other Charges directed to be paid thereout, at the End of any or either of the refpecftivc half-yearly Days of Payment, at which the fame are hereby dirctSted to be paid ; then, and fo often, and in every fuch Cafe, fuch Deficiency or Deficiencies fliall and may be fupplied out of any of the Monies which at any Time or Times fhall be or remain in the Receipt of the Exche- quer, of the SurplufTcs, ExcefTes, Overplus Monies and other Revenues, compofing the Fund com- monly called The Sinking Fund (except fuch Monies of the faid Sinking Fund as are appropriated to any particular Ufe or Ufes, by any former A<St or A6ts of Parliament in that Behalf) and fuch Monies of the faid Sinking Fund, fhall and may be, from Time to Time, ilFued and applied accordingly ; and if at any Time or Times, before any Monies of the fevcral Rates, Duties and Impofitions hereby granted, fhall be brought into the Exchequer as aforefaid, there fliall happen to be a Want of Mo- ney for paying the feveral Annuities as aforefaid, which fhall be actually incurred and grown due at any of the half-yearly Days of Payments before-mentioned, that then, and in every fuch Cafe, the Monty fo v/anted fhall and may be fupplied out of the Monies of the Sinking Fund (except as before excepted) and be ilTued accordingly. LXVIII. Provided always, ai:d be it enacted by the Authority aforefaid. That whatever Monies fhall be ifTued out of tlie Sinking Fund, fhall from Time to Time be replaced, by and out of the firft Supplies to be then after granted in Parliament. LXiX. Provided always, and be it enadted by the Authority aforefaid, That in cafe there fhall be any Surplus or Remainder of the Monies arifing by the faid feveral Rates Duties and Impofitions, after the faid feveral and refpective Annuities, and all Arrears thereof, are fitisfied, or Money fuffi- cient fhall be refcrved for that Purpofe, fuch Overplus or Remainder fhall, from 'J'inie to Time, be referved for tiie Difpofition of Parliament, and fliaU not be iflued but by the Authority of Parliament, and as fhall be directed by future A6t or Afts of Parliament i any thing in any former or other A6t or Adts of Parliament to the contrary notwithftandiiig. fialtiagFaad to be ic- plactd. SflKpru'; Monies how ta
 * LXX. And whereas in making of Malt, pradtiied before the granting any Duties thereon, the
 * Barley or other Corn or Grain, during its ftceping in the Ciftcrn, Uting-fat or other Veflel, did
 * ufually rife and fwell fo confidcrably^ that it wai tliought reafonable upon granting the faid Duties,.
 * • iiii