Page:Ruffhead - The Statutes at Large - vol 8.djvu/493

 A.D. 1759* Anno tricefimo teftio Georgii 11. C. 21. 459 III. And be it further enadled. That all and every Perfon or Perfons who fiiall lend any Money TalKes of Loan to be upon the Credit of this A61 as aforefaid, and pay the fame into the Receipt of the Exchequer, fhall ^"^"^k, &c, immediately have a Tally of Loan ftruck for the fame, and an Order for his, her or their Repay- ment, bearing the fame Date with his, her or their Tally, in or upon which Order (hall be alfo contained a Warrant for Payment of Intereft for the Forbearance thereof, and to be paid every three Months, until the Repayment of the Principal; and all fuch Orders for Repayment of Money fo Orders regiftered and to be lent, (hail be regiltered in Courfe according to the Dates refpe6tively ; and that all and every paid in Courfe. Perfon and Perfons fhall be paid in Courfe according as their Orders {hall ftand regiftered m the faid Regifter Books, fo as the Perfon or Perfons, Natives or Foreigners, his, her or their Executors, Adminiftrators or AfTigns, who fliall have his, her or their Order or Orders firft entered in the faid Books of Regifler, fhall be taken and accounted to be the firil: Perfon or Perfons to be paid out of the faid Surplufles, Excefles or other Revenues ; 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 fuccefTively and in Courfe; and that the Monies to come in of or for the faid SurplufTes, Ex- cefles and Overplus Monies, or other Revenues, compofing the Sinking Fund as aforefaid, fhall be in the fame Order liable to the Satisfadion of the faid refpediive Perfons, and Body or Bodies Poli- tick or Coporate, their Executors, Adminiftrators, SuccefTors or Afligns refpe6lively, without any undue Preference of one before another, and not otherwife ; and fhall not be diverted or divertible to any other Ufe, Intent or Purpofe whatfoever (other than fuch Ufes and Purpofes as are appointed by any other A£k or A£ts of Parliament in that Behalf as aforefaid) and that no Fee, Reward or ^° ^"^"'■"giftering. Gratuity, directly or indire6tly, fhall be demanded or taken of any of his Majefty's Suhjedts, for ^' -, ^ , ^ .^ ^ . ,.. ,> , ■ ir for Of- by the Party offending, with full Cofts of Sut ; or if the Officer himfelf take or demand any fuch Fee or Reward, then to lofe his Place alfo : And if any undue Preference of one before another fhall be Penalty for undut Pre- made, either in Point of Regiftry or Payment, contrary to the true Meaning of this A£l, by any ^«r«'^"' 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 Cofts of Suit to the Party grieved, and fhall be fore- judged of his Place or Office ; and if any fuch Preference be unduly made by any his Deputy or Clerk, without Dire6tion or Privity of his Mafter, then fuch Deputy or Clerk only fhall be liable to fuch Adlioo, Debt, Damages and Cofts, and fhall be for ever after incapable of his Office or Place; and in cafe the Auditor of the Receipt fhall not direct the faid 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 dire6ted, then he or they fhall be adjudged to forfeit, and the refpeiftive Deputies and Clerks therein offending, to be liable to fuch Adlion, Debt, Damages and Cofts, in fuch Manner as aforefaid ; all which faid Penalties, Forfeitures, Damages and Cofts, to be incurred by any of the Officers of the Exchequer, or any their Deputies or Clerks, fhall and may be reco- vered by Adtion of Debt, Bill, Plaint or Information, in any of his Majefly's Courts of Record at Wejiminjler ; wherein no EfToin, Protedtion, Privilege, Wager of Law, Injundion or Order of Re- ftraint, fhall be in any wife granted or allowed. IV. Provided always, and it is declared, That if it fhall happen that feveral Tallies of Loan, or No undue Preference, Orders for Payment as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Re- whereTaliies are dated or ceipt to be regiftered, then it fhall be interpreted no undue Preference which of thofe be entered firft, l»^o"eht the fame Day: fo as he enters them all the fame Day. V. Provided alfo. That it fhall not be interpreted any undue Preference, to incur any Penalty in Nor If fubfequent Orderi Point of Payment, if the Auditor diredt, and the Clerk of the Pells record, and the Tellers do pay be paid before fuch a» fubfequent Orders to Perfons that come and demand their Monies, and bring their Orders, before ^'^''^ "°'^«'^2nded in other Perfons that did not come to take their Monies, and bring their Orders in Courfe; fo as 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. VI. And be it further enaded. That all and every Perfon and Perfons to whom any Money fhall Orders afllgnable, be due for Loans to be regiftered by virtue of this A61, after Order entered in the Book of Regifter as aforefaid, his, her or their Executors, Adminiftrators or Affigns, by proper Words ofAffign- ment to be indorfed and written upon his, her or their Order, may aflign and transfer his, her or their Right, Title, Intereft and Benefit of fuch Order to any other; which being notified in the Of- fice of the Auditor of the Receipt aforefaid, and an Entry or Memorial thereof alfo made in the Book of Regiftry aforefaid for Orders (which the Officers fhall upon Requeft, without Fee or Charge, accordingly make) fhall intitle fuch Affignee, his, her or their Executors, Adminiftra- tors, Succeflbrs and Affigns, to the Benefit thereof, and Payment thereon ; and fuch Affignee may, in like Manner, affign again, and fo toties-quoties ; and afterwards it fhali not be in the Power of fuch Perfon or Perfons who have or hath made fuch Affignment, to make void, releafe or dif- charge the fame, or any Monies thereby due, or any Part thereof. ' VII. And, to the end there may be no Want or Failure of a certain Sum, not to exceed in the i nine Shillings and nine Pence, to be raifed either by fuch Loans as aforefaid, or by iftuing Ex- N n n 2, chequer i
 * whole the faid Sum of two millions fix hundred and two thousand feven hundred and fix Pounds