Page:Ruffhead - The Statutes at Large - vol 9.djvu/99

 A. D. 1762. Anno tertio Georgii III. C. 18. 49 III. And it is hereby enacted by the Authority aforefaid, That in Cafe the faid Commiffioners of ciaufe-of Lan for raif. ' his Majefty's Treafury, or any three or more of them now being, or the High Treafurer, or any ing the aforefaid Sam ooo,oool. raife the faid Sum of two millions, or any Part thereof, by Loans or Exchequer Bills, in Manner herein after mentioned, that it (hall and may be lawful to and for any Perfon or Perfons, Natives or Foreigners, Bodies Politick or Corporate, to advance or lend to his Majefty, at the Receipt of his Majefty's Exchequer, any Sum or Sums of Money not exceeding the faid Sum of two millions, upon the Credit of the faid Surpluffes, Exceffes and Overplus Monies, or other Revenues compofing the Sinking Fund, and to have and receive Intereft for the Forbearance of the Money lent, fo as fuch Loans be allowed to be made by the faid Commiffioners of the Treafury, or any three or more of them now being, or the High Treafurer, or any three or more of the Commiffioners of the Trea- fury for the Time being, who are hereby authorized to iffue their Warrants for that Purpofe, as faft as fuch Loans fhall be wanted for the publick Service; and moreover, that no Money to be lent upon the Security of this Act, fhall be rated or affeffed to any Tax or AfTeffment what- foever. IV. And be it further enacted, That all and every Perfon or Perfons who fhall lend any Money upon Tallies of Loan may b£ the Credit of this Act as aforefaid, and pay the fame into the Receipt of the Exchequer, fhall immedi- flruck for the fame ' ately have a Tally of Loan ftruck for the fame, and an Order for his, her or their Repayment, bear- ing the fame Date with his, her or their Tally, in or upon which Order fhall be alfo contained a Warrant for Payment of Intereft for the Forbearance thereof, and to be paid every three Months, 'until the Repayment of the Principal ; and all fuch Orders for Repayment of Money fo to be lent, Orders to he registered fhall be regiftered in Court'?, according to the Dates refpe&ively; and that all and every Perfon and * ald ln ^"'^ and Perfons fhall be paid in Courfe according as their Orders fhall ftahd regiftered in the faid Regi- fier Books, fo as the Perfon or Perfons, Natives or Foreigners, his, her or their Executors, Admi- ftrators or Affigns, 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 faid Surpluffes, Exceffes, or other Revenues ; and he, fhe or they who fhall have his, her or their Order or Orders next entered, fhall be taken and accounted to be the fecond Perfon to be paid, and fo fueceffively and in Courfe; and that the Monies to come in of or for the faid Surpluffes, Exceffes and Overplus Monies or other Revenues compoiing the Sinking Fund as aforefaid, fhall be in the fame Order liable to the Satisfaction of the faid refpective Perfons, and Body or Bodies Politick or Corporate, their Executors, Adminiftrators, Succeffors or Affigns refpectively, without any undue Preference of one before another, and not otherwife; and fhall not be diverted or divertible to any other U-fe, Intent o ! r Purpofe whatfoever (other than fuch Ufes and Purpofes as are appointed by any other Act or Acts of Parliament in that Behalf as aforefaid) ; and that no Fee, Reward or Gra- No Fee to he paid for tuity, directly or indirectly, fhall be demanded or taken of any of his Majefty's Subjects, for provi- regiftering, &c. ding or making of any fuch Books or Regifters, or any Entries, Views or Searches, in or for Pay- ment 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 offending, with full Cofts of Suit; or if the Officer himfelf take or demand any fuch Fee or Re- ward, then to lofe his Place alfo ; and if any undue Preference of one before another fhall be made P enalt y of u ^ue P-s<. either in Point of Regiftry or Payment, contrary to the true Meaning of this Act, by any fuch Of- * ficer or Officers, then the 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 grieved, and fhall be forejudged of his Place or Office ; and if any fuch Preference 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 be for ever after incapable of his Office or Place : 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 Teller make Payment upon fuch Orders, 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 Cofts, in fuch Manner as aforefaid : All which faid Penalties, Forfeitures, Damages and Cofts, to be incur- howto be recovered, red by any the Officers of the Exchequer, or any their Deputies or Clerks, fhall and may be reco- vered by Action of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at Wejhninjter ; wherein no Effoin,' Protection, Privilege, Wager of Law, Injunction, or Order of Re- straint, fhall be in any wife granted or allowed. V. Provided always, and it is declared, That if it fhall happen that feveral Tallies of Loan, or Jt flla " De deemed no Orders for Payment as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Re- T^hes^redate"' Wh " e ceipt to be regiftered, then it fhall be interpreted no undue Preference, which of thofe be entered broughfthe fame Day •- firft, fo as he enters them all the fame Day. - ! VI. Provided alfo, That it fhall not be interpreted any undue Preference, to incur any Penalty in nor if fubfequent Orders point of Payment, if the Auditor direct, and the Clerk of the Pells record, and the Tellers do pay be P ald be . fore fu, ch as fubfequent Orders to Perfons that come and demand their Monies, and bring their Orders be- Z'oZiT ia fore 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 other- wife 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. Vol. IX. fj VII. Aud