Page:Ruffhead - The Statutes at Large - vol 8.djvu/595

 i A. D. 1750. Anno primo Georgii III. C. 18. 561 Books of Regiftcr, (hall be talcen and accounted to be the firft Perfon or Perfons to be paid, out of the faid Surplufi'es, Exceffes, or other Revenues ; and he, fhe, or they, who (hall have his, her, or their Order or Orders next entered, fhall be taken and accounted to be the fecond Perfon to be paid, and (o fucceuively and in Courfe ; and that the Monies to come in of or for the faid Surpiufl'es, Ex- cefles, and (Overplus Monies, or other Revenues, compofmg the Sinking Fund, as aforefaid, fhall be in the fame Order hable to the Satisfa6tion of the faid refpedlive Perfons, and Body or Bodies Po- litick or Corporate, their Executors, Adminiftrators, SuccefTors, or Afligns refpea:ively, without any undue Preference of one before another, and not otherwife; and fhall not be diverted or diverti- ble to any other Ufe, Intent, or Purpofe whatfoever (other than fuch Ufes and Purpofes as are ap- pointed by any other A6t or A£ts of Parliament in that Behalf, as aforefaid) ; and that no Fee, Re- No Fee for reglftering, ward, or Gratuity, directly or indirectly, fhall be demanded or taken of any of his Majefly's Sub- ^<^' je(3:s, for providing or making of any fuch Books or Regiftcrs, or any Entries, Views, or Searches, in or for Payment of Money lent, or the Interefl thereof, as aforefaid, by any of his Majefly'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 Cofts of Suit ; 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 fliall Penalty for unduj Pre- be made, either in point of Regiftry or Payment, contrary to the true Meaning of this A61, by any f^ence. fuch Officer or Oi?:cers, then the Party offending fhall be liable, by Ailion of Debt, or on the Cafe, to pay the Value of the Debt, with full Cofls of Suit, to the Party grieved, and fnall be forejudged of his Place or Office; and if any fuch Preference be unduly made by any his Deputy or Clerk, wtithout DireiPcion or Privity of his Mafter, then fuch Deputy or Clerk only fliall be liable to fuch A6tion, Debt, Damages, andCofts, and fhall bs forever after incapable of his Office or Place; and in cafe the Auditor of the Receipt fhall not direcfl the faid Orders of Loan, or the Clerk of the Pells record, or the Teller rtjake Payment upon fuch Orders, according to each Perfon's due Place and Or- der as before diredled, then he or they fhall be adjudged to forfeit, and the refpecSlive Deputies and Clerks therein offending, to be liable to fuch Adtion, Debt, Damages, and Cofls, in fuch manner as aforefaid ; all which faid Penalties, Forfeitures, Damages, and Cofls, to be incurred by any of the Officers of the Exchequer, or any their Deputies or Clerks, fhall and may be recovered by Adfion of Debt, Bill, Plaint, or Information in any of his Majefly's Courts of Record at I'f^ejf mi n,'/er ; wherein no Effoin, Prote£lion, Privilege, Wager of Law, Injunction, or Order of Reflraint, fhall be in any wife granted or allowed. V. 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- where Tallies are dated ceipt to be regiflered, then it fhall be interpreted no undue Preference which of thofe be entered firft, <" brought the f.ime Day ; fo as he enters them all the fame Day. VI. Provided alfo. That it fhall not be interpreted any undue Preference, to incur any Penalty in ^°^ if rubfequ^ntOrdera Point of Payment, if the Auditor dircft, and the Clerk of the Pells record, and the Tellers do pay ^^J^^'^_^^^^'^ ^"'^ '' fubfequcnt Orders to Perfons that come and demand their Monies, and bring their Orders before other CvZkT '""^" ^ "* Perfons that did notcome 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 ; Interefl upon Loan being to ceafe from the Time tae Money is fo referved and kept in Bank for them. VII. And be it further ena6led. That all and every Perfon and Perfons to whom any Money fhall Orders aflignable. be due for Loans to be regiflered by virtue of this A£t, after Order entered in the Book of Rcgifler as aforefaid, his, her, or their Executors, Adminiflrators, or Affigns, by proper Words of Affign- ment to be indorfed and written upon his, her, or their Order, may affign and transfer his, her, or their Right, Title, Interefl, and Benefit of fuch Order 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 Regiflry aforefaid for Orders- (which the Officer fhall, upon Requefl, without Fee or Charge, accordingly make) fhall intitle fuch Affignee, his, her, or their Executors, Adminiflrators, Succeffors, and Affigns, to the Benefit thereof, and Payment thereon ; and fuch Affignee may, in like manner, affign again, and fo totics qr^foties ; and afterwards it fhall not be in the Pov/er 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. VIII. 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 feven hundred fixty-two thoufand and four hundred Pounds, to be raifed either by fuch Loans as aforefaid, or by iffuing Exchequer Bills, as is herein after-mention- ed, or by both or either of thofe Ways or Means, for the publick Service ; Be it further enacted by the Authority aforefaid. That in cafe the Commiffioners of^ h^s Majefly's Treafury, or any three Commi/Tioners of the or more of them now being, or the High Treaiurer, or any three or more of the Commiffioners of Treafury impoweied :• the Treafury for the Time being, fhall judge it more advifeable to raife the faid Sum of one million P'^parc any Number of feven hundred fixty-two thoufand and four hundred Pounds, or any Part thereof by Exchequer Bil s, "^w^"'^"'^^"" ^''is. 'ni/'rLT r --11 I i /-Ti I 1 I'l !•' *-j*j^j, contaimng one common inftead of fuch L-oans as aforelaid, that then they refpettively are hereby authorized and impowered, Sum, or different Sum^, at any Time or Times, to prepare and make, or caufe to be prepared and made, at the Exchequer, in the piincipal Mor-ies. any Number of new Exchequer Bills, for any Sum or Sums of Money, not exceeding in the Whole the faid Sum of one million feven hundred fixty-two thoufand and four hundred Pounds, together with fuch Loans aforefaid, in the fame or like Manner, Form, or Order, and according to the fame or Ike Rules and Directions as in and by a certain A6f: of this prefeni-Seffion of Parliament, intituled, An J^ for gyanting an Aid to his Majcjiy by a Laud Tax to be raijed in Great Britain, j^?' the Service of Vol. Vlil. 4 C the