Page:Ruffhead - The Statutes at Large - vol 9.djvu/684

 210 A P ■ P E N D I X. XXV. Provided always, and be it further Enacted, That in cafe any Lands or Houfes in any Pa- ri(h, Place or Conftablewick, (halMie unoccupied, and no Diureffes can be found on the fame, nor the Perfcn of the true Owner or Proprietor can be found within the faid County, by reafon whereof the Rate and Affeffment upon fuch unoccupied Lands cannot be Levied, That then upon Complaint thereof made to the Commiflioners, for the County where fuch Cafe fhall happen to ,be, the faid Commiffion- ers, or any two or more of them, (hall certilie into their Majefties Court of Exchequer, the Name of the Perfon whofe Land or Houfe fo lieth unoccupied, together with the Sum thereupon Afleffed, and the Parifh or Place where fuch Land lieth ; which Certificate is hereby declared to be a fufficient Charge upon the Perfon and Land therein named, and fhall make the Perfon Debtor to their Majefties for the Sum fo Affefled ; and the Court of Exchequer (hall iffue out Procefs thereupon againft the Body, Goods, and all other the Lands of fuch Debtor, until the Sum fo Affefled be fully and effectually Levied and paid to their Majefties. XXVI. And it is hereby further Enacted and Declared, That at the expiration of the refpeclive Times in this Aft prefcribed, for the full payment of the feveral and refpective Rates and Afieffments herein before Granted, the feveral and refpective Commiflioners, or any two or more of them, within their Divifion and Hundred, fhall and are hereby required to call before them,, the Chief Collectors and Sub-collectors within each refpedtive Divifion and Hundred, to Examine and Affure themfelves of the full and whole Payment of the particular Sum and Sums of Money Charged within and upon the faid Divifion and Hundred, and every Parifh and Place therein, and of the due Return of the fame into the Hands of the Receivers General of the faid County, City, Town and Place refpectively, and by fuch Receiver General to the Receipt of his Majefties Exchequer, to the end there may be no failure in the payment of any part of the Rates and Afieffments,- which by this Act ought to be Levied and paid ; and in cafe of any failure in the Premiffes, the Commiflioners, or any two of them, are to caufe the fame forthwith to be Levied and Paid according to the true intent and meaning of this Act. XXVII. Provided always, and it is hereby Enacted, That it fhall and may be lawful to and for any Perfon and Perfons to Advance and Lend unto their Majefties upon the Security of this Act, any Sum or Sums of Money, and to have and receive for the Forbearance thereof, after the Rate of Seven pounds by the Hundred for One whole Year, and no more, directly or indirectly ; And moreover, that no Money fo lent upon the Security of this Act, fhall be Rated or Affeffed by virtue of this Act. ' And ' to the end that all Moneys which fhall be Lent unto their Majefties upon the Credit of this Act, may ' be well and fufficiently Secured out of the Moneys arifing and payable by this Act, XXVIII. Be it further Enacted by the Authority aforefaid, That there fhall be provided and kept in their Majefties Exchequer, (That is to fayj in the Office of the Auditor of the Receipts, one Book or Regifter, in which all Moneys that fhall be paid into the Exchequer by virtue of this Act, fhall be En- tred and Regiftred apart and diftinct from all other Moneys paid or payable to their Majefties upon any- other Branch of their Majefties Revenue, or upon any other Accompt whatfoever; And that all and every Perfon and Perfons who fhall Lend any Money to their Majefties upon the Credit of this Act, and pay the fame into the Receipt of the Exchequer, fhall immediately have a Taliey of Loan ftruck for the lame, and an Order for his Repayment bearing the fame Date with his Tally ; in which Order fhall be alfo contained a Warrant for payment of Intereft for Forbearance, after the Rate of Seven pounds^?/* Cent, per Annum, for his Confideration, to be paid every Three months, until Repayment of his Princi- pal ; And that all Orders for Repayment of Money thall be Regiftred in courfe, according to the Date of the Tally refpectively, without preference of one before another ; And that all and every Perfon' and Perfons fhall be paid in courfe, according as their Orders fhall ftand entred in the faid Regifter Book ; fo as that the Perfon, Native or Foreigner, his Executors, Adminiftraiors and Afligns, who lhall have his Order or Orders firft Entered in the faid Book of Regifter, fhall be taken and accounted as the firft Perfon to be paid upon the Moneys to come in by virtue of this Act ; And he or they who lhall have his. or their Order or Orders next Entered, fhall be taken and accounted to be the fecond Perfon to be paid, and fo fucceffively and in courfe; And that the Moneys to come in by this Act, fhall be in the fame Order liable to the fatisfaction of the faid refpective Parties, their Executors, Adminiftrators or Afligns fucceffively, without preference of one before another, and not otherwife, and not to be divertible to any other ufe, intent or purpofe whatfoever ; And that no Fee, Reward or Gratuity, directly or indirect- ly, be demanded or taken of any their Majefties Subjects, for providing or making of any fuch Books, Regifters, Entries, View or Search, in or for payment of Money lent, or the Intereft, as aforefaid, by any of their Majefties Officer or Officers, their Clerks or Deputies, on pain of payment of treble Da- mages to the Party grieved by the Party offending, with 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, eiiher in point of Regiftry or Payment contrary to the true meaning of this Act, by any fuch Officer or Officers, Then the Party offending fhall be liable by Action of Debt, or on the Cafe, to pay the value of the Debt, Damages and Cofts to the Party grieved, and fhall be forejudged fiorn his Place or Office; and if fuch Preference be unduly made by any his Deputy or Clerk, with- out Direction cr Privity of his Matter, Then fuch Deputy or Clerk only fhall be liable to fuch Action, Debt, Damages and Cofts, and lhall be for ever after uncapable of his Place or Office ; And in cafe the Auditor fhall not Direct the Order, or the Clerk of the Pells Record, or the Teller make Payment ac- cording to each Perfons due Place and Order as afore Directed, Then he or they fhall be judged to for- feit, and their refpective Deputies and Clerks herein offending, to be liable to fuch Action, Debt, Da- mages and Cofts, in fuch manner as aforefaid ; All which faid Penalties, Forfeitures, Damages and Cofts to be incurred by any of the Officers of the Exchequer, or any their Deputies or Clerks, fhall and may be recovered by Action of Debt, Bill, Plaint or Information, in any of their Majefties Courts of