Page:Ruffhead - The Statutes at Large - vol 9.djvu/703

Rh and upon the Burial of such persons and in default of payment, the said duties and sums of money shall be levied by distress and sale of the Goods and Chattels of such Master or Mistress, or otherwise, as by this Act is directed touching the duties payable by virtue thereof; and such Master or Mistress, paying such duties, as aforesaid, shall, and is hereby intituled to deduct and retain so much as he or she shall so pay, out of the Estate of such person so dying in his or her hands ; and in case such Master or Mistress shall not have sufficient Estate in his or her hands belonging to the person Deceased, then such Master or Mistress shall, and is hereby intituled to demand and recover so much Money, as he or she shall so pay, from the Father of such person, if living, and if there shall be no Father living, then from such person who was, or took upon him or her self to be Guardian or Trustee of such Child, by Action of Debt, to be brought in any of his Majesties Courts of Record at Westminsyer, wherein no essoign, wager of Law or protection shall be allowed.}}

LV. And for the better preserving the Genealogies, Descents and Alliances of the Nobility and Gentry, Be it further enacted by the authority aforesaid, That upon the Burial of every person or persons, Degree, &c. of of any the Degrees, Ranks, Titles or Qualities afore-mentioned, for which a duty of twenty shillings or upwards is charged by this Act (except such persons as are charged only for, or in respect of their having Fifty pounds per Annum, or six hundred pounds Personal Estate) the party lyable to pay the said duty, shall deliver, or cause to be delivered to the Collector or Collectors appointed by this Act, a Certificate in writing, under his or her Hand and Seal, Engrossed in Parchment, or otherwise, expressing the Name, Sirname, Title, Quality, Office and Employment (if any) of such deceased person, with the Age, Time of Death, Place of Burial, Marriages and Issue, and the Ages of such Issue, together with the Names, Sirnames, Titles and Qualities of the Parents of such deceased persons; which Certificates shall be Transmitted to the Receiver General, his Deputy or Deputies, who shall deliver them to the Kings Heralds and Pursuivants at Arms; and the said Officers of Arms shall thereupon forthwith number, schedule, and digest the same in Alphabetical order, in Books to be provided for that purpose, and shall File up the Originals, in the Colledge of Arms for publick use, and shall be answerable for the keeping thereof, without any Fee or Reward for so doing.

LVI. And be it enacted by the authority aforesaid, That it shall and may be lawful, to and for any person or persons, Natives or Foreigners:, Bodies Politick or Corporate, to advance and Lend to his Majesty, into the Receipt of his Exchequer, upon the credit of this Act, any sum or sums of money, not exceeding the atum of Six hundred and fifty thouatand pounds in the whole, and to have and receive for the forbearance of all atuch money as athall be Lent,- Intereatt not exceeding the rate of Eight pounds per Centum ,per Annum.

LVII. And be it further enacted and ordained by the authority aforesaid, That all and every the Officer and Officers, who shall be concerned in the levying, collevting and receiving the duties arising by this Act, do keep a separate and distinct Account thereof, and the same shall, from time- to time, be brought and paid into the Receipt of the Exchequer.

LVIII. And be it further enacted by the Authority aforesaid, That there shall be provided and kept Order, Tally in his Majesties Exchequer (that is to say) in the Office of the Auditor of the receipts, one Book in which all moneys that shall be paid into the Exchequer, by virtue of this Act, shall be Entred and Registred apart and distinct from all other Moneys paid or payable to his Majesty upon any account whatsoever; and that all and every person and persons, Natives or Foreigners, Bodies Politick or Coporate, who shall Lend any Money to his Majesty upon the credit of this Act, and pay the same into the Receipt of the Exchequer, shall immediately have a Talley of Loan struck for the same, and an Order for his or their Repayment, bearing the same Date with the Talley ; in which Order shall be also contained a Warrant for payment of Interest for Forbearance, not exceeding the Rates aforesaid for his or their Consideration, to be paid eery Three months, until the Repayment of his or their Principal; And that all Orders for Repayment of Money shall be Registred in course, according to the Date of the Tally respectively, without preference of one before another ; And that all and every Person and Persons shall-be paid in course, according as their Orders shall stand Registred in the said Book, so as that the Person, Native or Foreigner, his or their Executors, Administraors or Assigns, who shall have his, her or their Order or Orders first Entered in the said Book, shall be taken and accounted as the first Person to be paid upon the Moneys to come in by virtue of this Act; And he or they who shall have his or their Order or Orders next Entered, shall be taken and accounted to be the second Person to be paid, and so successively and in course; And that the Moneys to come in by this Act, shall be in the same Order liable to the satisfaction of the said respective Parties, their Executors, Administrators or Assigns successively, without preference of one before another, and not otherwise, and not to be divertible to any other use, intent or purpose whatsoever ; And that no Fee, Reward or Gratuity, directly or indirectly, be demanded or taken of any of his Majesties Subjects, for providing or making of any such Books, Registers, Entries, View or Search, as aforesaid, or in, or for the payment of Money lent, or the Interest, as aforesaid, by any of his Majesties Officer or Officers, their Clerks or Deputies, on pain of payment of treble Damages to die Party grieved, by the Party offending, with Coils of Suit; Or if the Officer himself take or demand any fuch Fee or Reward, then to lose his Place also ; And if any undue preference of one before another shall be made, either in point of Registry or Payment contrary to the true meaning of this Act, by any such Officer or Officers, Then the Party offending shall be liable by Action of Debt, or on the Case, to pay the value of the Debt, Damages and Costs to the Party grieved, and shall be forejudged from his Place or Office.; and if such Preference be unduly made by any his Deputy or Clerk, without Direction or Privity of his Master, Then such Deputy or Clerk only shall be liable to such Action, Debt, Damages and Costs, and shall be for ever after uncapable of his Place or