Page:Ruffhead - The Statutes at Large - vol 9.djvu/196

 146 C. 13. Anno quarto Georgii III. A. D. 1763. Tallin of Lo™ may be III. And be It further enacted, That all and every Perfon or Pcrfons who fliall lend any Money ftiucltfor thcfan.e. upon the Credit of this Aft as aforefaid, and pay the fame into the Receipt of the Exchequer, ihall immediately have a Tally of Loan ftruck for the fame, and an Order for his, her or their Repayment, beaiing the fame Date with his, her or their Tally, in or upon which Order fliall be alfo contained a Warrant for Payment of Intel eft for the Forbearance thereof, and to be paid every three Months, Orders 10 ! e regiflcred until the Repayment of the Principal ; and all fuch Orders for Repayment of Money, fo to be lent, and paid in courfe, lh.ill be regifteretl in courfe, according to the Dates refpeftively ; and that all and every Perfon and Perrons fhall be paid in courfe, according as their Orders fliall ftand regiftered in the laid Rcgiitcr Books, fo as the Perfon or Perfons, Natives or Foreigners, his, her or their Executors, Adminiftra- tors or Afligns, who fhall have his, her or their Order or Orders firft entered in the faid Books of Re- gifter, fliall be taken and accounted to be the firft Perfon or Perfons to be paid out of the faid Sur- pluses! Excefles, or other Revenues ; and he, flie or they who fliall have his, her or their Order of Orders next entered, fliall be taken and accounted to be the fecond Perfon to be paid, and fo fuc- ceffively and in courfe ; and that the Monies to come in of or for the faid Surplufles, ExcefTes, 2nd Overplus Monies, or other Revenues compofing the Sinking Fund, as aforefaid, (hall be in the fame Order liable to the Satisfaction of the faid refpective Perfons, and Body or Bodies Politick or Corpo- rate, their Executors, Adminiftrators, Succeflbrs or Affigns refpeftively, without any undue Pre- ference of one before another, and not otherwife ; and fhall not be diverted or divertible to any otheT life, Intent, or Purpofe whatfoever (other than fuch Ufes and Purpofes as are appointed by any other x- Fee to be paid tor Aft or Afts of Parliament in that Behalf as aforefaid); and that no Fee, Reward or Gratuity, rejifie^mg, &c. direftly or indireftly, fliall be demanded or taken of any of his Majefty's Subjefts, for providing or making of any fuch Books or Regifters, or any Entries, Views or Searches, in or 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 Penalty of undue Pre- to lofe his Place alfo ; and if any undue Preference of one before another fliall be made either in ference; point of Regiftry or Payment, contrary to the true Meaning of this Aft,- by any fuch Officer or Officers, then the Party offending fliall be liable by Aftion of Debt, or on the Cafe, to pay the Value ©f the Debt, with full Cofts of Suit, to the Party grieved, and fliall be forejudged of his Place or Office; and if any fuch Preference be unduly made by any his Deputy or Clerk, without Direftion or Privity of his Mafter, then fuch Deputy or Clerk only fliall be liable to fuch Aftion, Debt, Da- mages and Colts, and fliall be for ever after incapable of his Office or Place : And in cafe the Audi- tor of the Receipt fliall not direft the faid Orders of Loan, or the Clerk of the Pells record, or tha Teller make Payment upon fuch Orders, according to each Perfon's due Place and Order, as before direfted ; then he or they fliall be adjudged to forfeit, and the refpective Deputies and Clerks, therein offending, to be liable to fuch Aftion, Debt, Damages and Cofts, in fuch manner as aforefaid : All how to be recovered, which faid Penalties, Forfeitures, Damages and Cofts, to be incurred by any the Officers of the Exchequer, or any their Deputies or Clerks, fliall and may be recovered by Aftion of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at Wejiminjter ; wherein noEffoin, ' Proteftion, Privilege, Wager of Law, Injunftion, or Order of Reftraint, fliall be in any wife granted or allowed. It /hall be deemed no IV. Provided always, and it is declared, That if it fliall happen that feveral Tallies of Loan, or T a 1li es P «e!S W o h r ere °f ders for Payment, as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Re- brought the fame bay ■ ceipt to be regiftered, then it fliall be interpreted no undue Preference, which of thofe be entered firft, fo as he enters them all the fame Day. nor if fubfeqv.ent Orders V. Provided alfo, That it fliall not be interpreted any undue Preference, to incur any Penalty in wer^rfo^demanded V P oint of Pa / ment > if the Auditor direft, and the Clerk of the Pells record, and the Tellers do pay •jurf". ema " ^ "' lubfequent Orders to Perfons that come and demand their Monies, and bring their Orders, before 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. Orders aflignab'e talks VI. And be it further enafted, That all and every Perfon and Perfons to whom any Money fhall }<""'"• be due, for Loans to be regiftered by virtue of this Aft, after Order entered in the Book of Regiller as aforefaid, his, her or their Executors, Adminiftrators or Affigns, by proper Words of Affignment to be indoried and written upon his, her or their Order, may affign and transfer his, her or their Right, Title, Intereft and Benefit, of fuch Order, to any other; which being notified in the Office of the Auditor o£ the Receipt aforefaid, and an Entry or Memorial thereof alio made in the Book of Regifter aforefaid for Orders (which the Officers fliall upon Requeft, without Fee or Charge, accord- ingly make) fliall intitle fuch Affignee, his, her or their Executors, Adminiftrators, 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 fhall not be in the Power of luch Perfon or Perfons who hath or have made fuch Affignment, to make void, releafe or difcharge the lame, 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 Whole the faid Sum of two millions, to be railed either by fuch Loans as aforelaid, or by ifluing Exche- quer Bills, as is herein after-mentioned, or by both or either of thole Ways or Means, for the Publick