Page:Ruffhead - The Statutes at Large - vol 9.djvu/158

 io8 C. 2. Anno quarto Georgii III. A. D. 1763. NoPrrfontobe CXXXIV. Provided ncvcrthekfs, That no Perfon appointed by this Act to be a Commiflioner for exe- 3 Commiflicncr cuting the fevcral Powers and Things herein enacted, within any County or Stewartry in that Part of pi thcLamlTjix Q reat Britain called Scotland, fhall be enabled or capable to be a Commiflioner of the Land Tax, or for l""iM°enfcoftof executing the feveral Powers and Things herein enacted, who is not enfeoft in Superiority or Property, or tool. Scot; per pollened as Proprietor or Life-renter of Lands valued in the Tax-roll of the County or Stewartry where lie- Ann, real Rent, a"£ts, to the Extent of one hundred Pounds Scots per Annum, excepting the eldtlt Sons and Heirs Apparent in the County f Perfons who are fo enfeoft of Lands to the Extent and of the Valuation aforefaid ; and that every Perfon where he acls. wn0 ^ a ]| t .^ c U p 0n him to act as a Commiflioner for executing any of the Powers or Things in this Act Exception. contained, within any County or Stewartry in Scotland, without being enfeoft in Superiority or Property, or in the PolTeflion of Lands in fuch County or Stewartry, of the aforefaid Value or Extent, or without being eldcft Son and Heir Apparent of a Perfon fo enfeoft, or in PolTeflion, (hall forfeit the Sum of twenty Pounds Sterling for every fuch acting; to be recovered by Action, Complaint or Petition, in a fummary Way, at the Suit of any Heretor within the laid County or Stewartry, before the County or Stewart Courr, or before the Lords of beflion Scotland ; and that in cafe of any fuch Suit or Complaint entered before any of the Courts aforefaid, the Perfon complained of fhall be obliged to prove that he is enfeoft, or in PoiTefiion, or is Son and Heir Apparent of a Perfon fo enftoit, or in Pofleflion of an Eftate in Superiority or Property, within the County where he hath taken upon him to act, of the aforefaid Value or Extent, or oth.rwife, fhall forfeit the laid Penalty of twenty Pounds Sterling, without any Proof or Evidence to be brought on the Plaintiff 's Part, other than that the Perfon complained of hath taken upon him to act as a Commiflioner for executing the feveral Powers and Things in this Act contained, eommirtioncn in CXXXV. Provided always, That all and every Perfon appointed by this A St to be a Commiflioner for S h°C? "h W and' executing the feveral Powers and Things herein enacted ,_ in that Part of Great Britain called Scotland, fhall, fubfcribe'uieAi- before his acting as a Commiflioner in .the Execution of this Act, or any the Powers therein contained, finance. take and fubferibe the Oaths of.AUegiance and Abjuration, and fubferibe the Afiiirance appointed by Law to be taken and fupfcribed by Perfons in Offices of publick Truft in Scotland, upon pain of forfeiting the Sum of twenty Pounds Sterling ; which Oaths it fhall and may be lawful for any two or more of the faid Commiflioners to adminifter, and they are hereby required to adminifter the fame accordingly. Proved, &c. of CXXXVI. Provided neverthelefs, That any Provoft, Bailie, Dean of Guild, Treafurer, Matter of the any oya -o- Merchants -Company, or Deacon Convener of the Trades for the Time being of any Royal Borough, and touch mav act as ■>' ^ i - r_t3. r ■ r ,-, _ rr> r.. tj i • 't 3 • 1 /i a Commiflioner. any Bailie for the, 1 ime bung of any Borough or Kegality, or Barony, herein named or appointed a Com- miflioner for putting this Act in execution in any County or Stewartry, fhall be capable of acting as a Commiflioner for fuch County or Stewartry; and that it mall not be lawful to or for the Court of Seflion, or any other Courts or Magistrates in Scotland, to grant, by Sufpenfion, or otherwife, any Stay or Stop to the bringing in of the faid Supply, by Quartering, according to the Proportions fettled and ascertained by the aforefaid Commiflioners for the feveral Shires, and by the Royal Burghs, according to their Ufage and Practice ; any Thing herein contained to the contrary notwithftanding. « 1- "erCen" CXXXVII, Provided always, and it is hereby further enafted by the Authority aforefaid, That it '* 4 ' pLr cn ' fhall and may be lawful to and for any Perfon or Perfons, Natives and Foreigners, Bodies Politick or Cor- porate,- to advance or lend to his Majesty, at the'Receipt of his Majesty's Exchequer, any Sum or Sums of Money, not exceeding in the Whole the Sum of two millions, upon the Credit of the faid feveral Rates, Affeflments, and.Sumsrof Money, by this Act granted, to be raifed in the feveral Parts of Great Britain as aforefaid ; and fuch other Monies as are by this Act appointed for repaying the fame, with the Interest thereof;, and to have and receive for the Forbearance of the Money lent, Intereft after a Rate not exceed- ing four Pounds per Centum per Annum, fo as fuch Loans be allowed to be made by the Commiflioners of the Treafury, or any three or more of them now being, or the High Treafurer, or any three or more of the Commiflioners of the Treafury for the Time being, who are hereby authorized to iffue their Warrants for that Purpofe, as faff as fuch Loans fhall be wanted for the Publick Service : And moreover, that no Money fo to be lent upon the Security of this Act, fhall be rated or affefTed by virtue of this Act, or any other Act -of Parliament whatfoever. . . Tallies of Loan CXXXVIII. And.be it further enacted, That all and every Perfon and Perfons, ~who fhall lend any to be ftnicfc,'&fc. Money upon the Credit of this Act, as aforefaid, and pay the fame into the Receipt of the Exchequer, fhall immediately have a Tally of Loan ftruck for the fame, and an Order for his, her or their Repayment, bearing the fame Date with his, her or their Tally ; in or upon which Order fhall be alfo contained a War- rant for. the Payment of Intereft for the Forbearance thereof, at a Rate not exceeding the faid Rate of four Pounds per Centum per Annum, and to be paid every three Months, until the Repayment of the Principal ; Orders repitered an( j a ]] r ucn Orders for Repayment of Money fo to be lent, fhall be registered, in Courfe. according to the <wie" d ^ Dates respectively-; and that all and every Perfon and Perfons fhall be paid in courfe, according as their Orders fhall Hand registered in the faid Regifter Books, io as the Perfon or Perfons, Natives or Foreigners, his, her or their Executors, Administrators or Afligns, who fhall have his, her or their Order or Orders firft ' entered' in the faid Books of Regifter, fhall be taken and accounted to be the firft Perfon or Perfons to be paid out of the Monies to come in by virtue of this Act ; and he, fhe or they, who fhall have his, her or, their Order ox Orders next entered, fhall be taken and .accounted to be the fecond Perfon to be paid, and to .fucceflively and in courfe ; and that the Monies to come in by virtue of this Act, of or for the faid feveral Rates and Affefi'ments to be raifed in Great Britain, as aforefaid,. fhall be .in the fame Order liable to the .Satisfaction of the faid refpective Perfons, and Body or Bodies Politick or Corporate, thcjrExecutors, AcJ- miniftrators, Succeffors or Afligns .reflectively, without any undue Preference of one before another, and Hot otherwife; and fhall not be diverted or divertible to any other Ufe, Intent or Purpofe whatfoever; and that