Page:Ruffhead - The Statutes at Large - vol 8.djvu/727

 688 ^■33 Anno fccvindo G £ o r g 1 1 IIL A. D. 1762. 'I Bllie* of Loan itiay be iUuck toi the fame. Oideis to be repifleicdj jiiJ piid in Ccurf;. No Fee to be paid for regiHcring, Sec, nine thouiaiid two hundred fcventeen Pounds two Shillings and eight Pence Halfpenny, upon the Credit of the faid Surpluffes, Exceffes, and Overplus Monies, or other Revenues compofuig the Sinking Fund, and to have and receive Intcrell; for the Forbearance of the Money lent, fo as fuch Lo:in5 bo allowed to be made by the laid ComnriiTioners of the Treafury, or any three or more of them now being, or the High IVeafurer, or any three or more of the Commiflioners of the Trea- iury for the Time being, who are heicby authorized to iflue their Warrants for that Purpofe, as fait as fuch Loans lliall be wanted for the Publick Service j and moreover that no Money to be lent upon the fecurity of this Acl, fliall be rated or aflcflefled to any Tax or Afleliment vvhatfoever. IV. And be it further enacted, That all and every Perfon or Pcrfons who fhall lend any Money upon the Credit of this Acl as aforefaid, and pay the fame into the Reciept of the Exchequer, fhall immediately have a Tally of Loan llruck for the fmie, and in order for his, her or their Repay- ment, bearing the fame Date with his, her or their Tally, in or upon which Order fhall be alfo contained a Warrant forPaymcjit of Interelt for the Forbearance theieof, and to be paid every three Months, until tlie Repayment of the Principal; and all fuch Orders for Repayment of Money, fo to be lent, Ihall be regiftered in Courfe, according to the Dates refpeclively ; and that all and every Pcrfoii and Pcrfons fliall be paid in Courfe, according as their Orders fhall Hand regiflered in the faid RegiAer Books, fo as the Perfon or I'erfons, Natives or Foreigners, his, her or their Execu- tors, Adniinilhators, or AlTigns, who fhall have his, her, or their Order or Orders hrft entered in the faid Books of Regirter, fhall be taken and accounted to be the firft Perfon or Pcrfons to be paid cut of the faid Surpluifes, ExcefTes, 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 fucceflively and in Courfe ; and that the Monies to come in of or for the faid Sur- pliiffci, F.xcefi'es, and Overplus Monies, or other Revenues compofmg the Sinking Fund as afore- fniJ, fhall be in the lame Order liable to the Satisfaction of the faid refpectivc Perfons, and Body or Bodies Politick or Corporate, their Executors, Adminiftrators, Succeflbrs, or Affigns refpeiStively, without any undue Preference of one before another, and not otherwife ; and fliall not be diverted or divertible to any other Ufe, Intent or Purpofe whatfocver (other than fuch Ufes and Purpofes as are appointed by any other Act or Acb of Parliament in that Behalf as aforefaid) ; and that no Fee, Reward, or Gratuity direilly or indirectly fhall be demanded or taken of any of hisMajefty's Subjefts, for providing or making of any fuch Books or Regiilers, or any Entries, Views, or Searches, in or for Payment of Money lent, or the Interefl thereof as aforefaid, by any of his Majelly'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 Cofls 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 be made either in Point of Regiftry or Payment, contrary to the true A'leaning of this Act, by any fuch Officer or Officers, then the Party offending fliall be liable by Action of Debt, or on the Cafe, to iiay the Value of the Debt, with full Cofts of Suit to the Party grieved, and fhall be forejudged of his Place or Office ; and if any fuch Preference be unduly made by any his Deputy or Clerk, without Direction or Privity of his Mafter, then fuch Deputy or Clerk only fhall be liable to fuch Action, Debt, Damages, and Cofls, and fliall be for ever after incapable of his Office or Place ; and in Cafe the Auditor of the Receipt fliall 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 directed ; then he or they fhall be adjudged to forfeit, and the refpectivc De- puties and Clerks, therein ofl^ending, to be liable to fuch Action, Debt, Damages and Colts, in i'uch Alanner as aforefaid : All which faid Penalties, Forfeitures, Damages and Cofls, to be incur- red by any the Officers of the Exchequer, or any their Deputies or Clerks, fhall and may be reco- vered by Action of Debt, Bill, Plaint, or Information, in any of his Majelty's Courts of Record at IViJhninjlcr wherein no Eflbin, Protection, Privilege, Wager of Law, Injiuiction, or Order of Re- flr.iint. fliall be in any wife granted or allowed. V. Provided always, and it is declared, That if it fliall happen that feveral Tallies of Loan, or undue I'reterc.ce, where Orders for Payment as aforefaid, bear Date or be brought the fame Day to the Auditor of the Re- '1 allies are dared or ceipt to be rcgiftcred, then it fliall be interpreted no undue Preference, which of thofe be entered b ought the lame Day : /- A /- 1 V 11 u /- ta nrlt, fo as he enters them all the lame Day. N-r if fubfcqucnt Orders VI. Provided alfo. That it fliall not be interpreted any undue Preference, to incur ariy Penalty bi. paid before Inch as in point of Payment, if the Auditor direct, and the Clerk of the Pells record, and the I'cllers do were dot demanded in p^y fubfequent Orders to Perfons that come and demand their Monies, and bring their Orders, be- ""''* fore 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 dif- pofcd of, but kept for them ; Intercfl upon Loan being to ccafe from the Time the Money is fo re- ferved and kept in Bank for them, VII. And be it further enacted. That all and every Perfon and Perfons to whom any Money fhall be due, for Loans to be regiltered by virtue of this Act, after Order entered in the Book of Regifler as aforefaid, his, her or their Executors, Adminiftrators, or Affigns, by proper Words of Affignment to be indorfed and written upon his, her or their Order may affign anil transfer his, her or their Right, Title, Interert and Benefit of fuch Order to any other; which bein^ notified in the Office of the Auditor of the Receipt aforefaid, and an Entry or Memorial thereof alfo made in the Book of Rcijiller aforef.iid furOrdc:s (which the Officers Ihall upon Requelt, without Fee or Charge, accordingly Penalty of undue Pre- ference ; how to be recovered. I' (Ti.ill be deemed no Orders aflignable toties ^'jo.iet.