Page:Ruffhead - The Statutes at Large - vol 9.djvu/159

 A. D. 1763. Anno quarto Georgii III. C. 2. 109 that no Fee, Reward or Gratuity, directly or indirectly, fhall be demanded or taken of any of his Majefty's No Fee fc.r re- Subjects, for providing or making any fuch Books or Regifters, or any Entries, Views or Searches, in or giftering, &c for Payment of Money lent, or the Intereft thereof, as aforefaid, by any of his Majefty's Officer or Officers, their Clerks or Deputies, on pain of Payment of treble Damages to the Party grieved, by the Party offend- ing, 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 fhall be made either in point of Re- Penalty for un- c;iftry or Payment, contrary to the true Meaning of this Act, by any fuch Officer or Officers, then the due. Preference, Party offending fhall be liable by Action of Debt, or on the Cafe, to pay the Value of the Debt, with full Cofts of Suit, to the Party aggrieved, and (hall be forejudged of his Place or Office ; and if fuch Preference fhall 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 Cofts, and fhall for ever be in- capable of his Place or Office; 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 Tellers make Payment upon fuch Order, ■ according to each Perfon's due Place and Order, as before directed; then he or they fhall be adjudged to forfeit, and the refpective Deputies and Clerks, therein offending, to be liable to fuch Action, Debt, Damages and Coftr-, in fuch manner as aforefaid : All which faid Penalties, Forfeitures, Damages and Cofts, to be incurred by any the Officers of the Exchequer, or any their Deputies or Clerks, fhat and may be recovered by Action of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record vxlVejlmliifter ; wherein no Effoin, Protection, Privilege, Wager of Law, Injunction, or Order of Reftraint, fhall be in any wife grantedor allowed. CXXXIX. Provided always, and it is hereby declared, That if it fhall happen that feveral Tallies of No ""due Prefe- Loan, or Orders for Payment, as aforefaid, bear Date, or be brought the fame Day to the Auditor of the ""{jf* " ha ' e Receipt to be regiftered, then it fhall be interpreted no undue Preference, which of thofe be entered firft, ^V",,",' ^ fo as he enters them all the fame Day. fame Day: CXL. Provided alfo, That it fhall not be interpreted any undue Preference, to incur any Penalty in Noriffubfequent point of Payment, if the Auditor direct, and the Clerk of the Pells record, and the Tellers do pay fubfe- Orders be paid quent Orders to Perfons that come and demand their Monies, and bring their Orders, before other Perfons befcro * nch as who did not come to take their Monies, and bring their Orders in courfe ; fo as there be fo much Money were, °°. t t!e " fe referved as will fatisfy precedent Orders ; which fhall not be otherwife difpofed of, but kept for them ; In- tereft upon Loan being to ceafe from the Time the Money is fo referved and kept in Bank for them. CXLI. And be it further enacted, That all and every Perfon and Perfons to whom any Money fhall be Orders affign- due for Loans to be regiftered by virtue of this Act, after Order entered in the Book of Regifter aforefaid, e " his, her or their Executors, Adminiftrators or Affigns, by proper Words of Affignment to be indorfed and written on his, her or their Order, may affign and transfer his, her or their Right, Title, Intereft, and Be- nefit of fuch Order, to any other ; which being notified in the Office of the Auditor of the Receipt afore- faid, and an Entry or Memorial thereof alfo made in the Book of Regifter aforefaid, for Orders (which the Officers fhall upon Requeft, without Fee or Charge, accordingly make) fhall intitle fuch Affignee, his Executors, Adminiftrators, Succeffors 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 fhall not be in the Power of fuch Perfon or Perfons who have or hath made fuch Affignment, to make void, releafe or difcharge the fame, or any the Monies thereby due, or any Part thereof. ■ ' CXLII. And, to the end there maybe no Want or Failure of a certain Sum, not to exceed in the ' Whole two millions, to be raifed, either by fuch Loans as aforefaid, or by iffuing Exchequer Bills, as is ' herein after mentioned, or by both or either of thofe Ways or Means, for the Publick Service ;' Be it further provided and enacted by the Authority aforefaid, That in cafe the Comrniffioners of his Majefty's Commiffionert of Treafury, or any three or more of them now being, or the High Treafurer, or any three or more of the g^fjy '? *" Comrniffioners of the Treafury for the Time being, fhall judge it advifeable to raife the faid Sum of two parean^'N'tfrriDer millions, or any Part thereof, by Exchequer Bills, inftead of fuch Loans as aforefaid, then they refpec- of Exciiequ fafe and convenient, any Number of new Exchequer Bills, containing one common Sum, or different Monies Sums, in the principal Monies, fo that in cafe there fhall be no Loans made, then all the principal Sums to be contained in the faid Bills to be made forth by this Act, fhall not exceed two millions ; and in cafe any fuch Loans fhall be made as aforefaid, then all the principal Sums to be contained in the faid Bills to be made forth by this Act, together with fuch Loans fo made, fhall not exceed the faid Sum of two millions. CXLIII. And be it further enacted by the Authority aforefaid, That the faid Bills to be prepared and Sills to bear Tn- made in purfuance of this Act, fhall and may bear an intereft not exceeding the Rate of four Pounds per^ re " at *'• ("- T Centum per Annum, and proportionably for any greater or lefs Sum to be contained therein, and to be tnt " per ""' payable to the Bearers thereof refpectively ; neverthe'efs the faid Intereft fhall be abated and faved upon fuch of the faid Bills to be made forth by this Act, as fhall at any Time or Times be in the Receipt of tie Exchequer, or in the Hands or Power of any Receivers or Collectors of any Taxes, Aids or Reve- nues whatsoever, payable to his Majefty, his Heirs and Succeflbrs, during fuch Time and Times refpectively, as fuch Bills fhall be or remain in the faid Receipt, or in fuch Hands or Power as aforefaid. CXLIV.