Page:Ruffhead and Runnington - The Statutes at Large - vol 18 (14).djvu/49

A.D. 1798. Anno tricesimo nono Georgii III. c. 3. 7 XXIII. And be it further enacted, That there shall be provided and kept, in the Office of the Auditor of the Receipt of his Majesty's Exchequer, one Book of Register, in which all the Money that shall be paid into the Exchequer for the Rates and Duties hereby granted on Sugar, Malt, Tobacco, and Snuff, and also the Rates and Assessments hereby granted on Personal Estates, and on Offices and Employments of Profit, {^eniions, Annuities, and Stipends, hereinbefore mentioned, shall be entered and registered apart and distinct from all other Monies paid and payable to his Majestf.

XXIV. Provided always, and it is hereby further enacted, That it shall and may be lawful to and for any Person or Persons, Natives and Foreigners, Bodies Politick or Corporate, to advance or lend to his Majesty, at the Receipt of his Majesty's Exchequer, any Sum or Sums of Money, not exceeding in the Whole the Sum of two Millions, upon the Funds hereby established and made chargeable as aforesaid, and such other Monies as are by this Act appointed for repaying the same, with the Interest thereof, and to have and receive, for their Forbearance of the Money lent, Interest after a Rate tiot exceeding four Pounds and ten Shillings per Centum per Annum, upon or in respe<3 of the whole Amount of the Money so raised; so as such Loans to be allowed be made by the Commissioners of the Treasury, or any three or more of them now being, or the High Treasurer, or any three or more of the Commissioners of the Treasury for the Time being, who are hereby authorised to issue their Warrants for that Purpose, as fast as such Loans shall be wanted for the Publick Service; and moreover, that no Money so to be lent upon the Security of this Act shall be rated or aiTefied by virtue of this Act, or any other Act or Acts of Parliament whatsoever.

XXV. And be it further enacted, That all and every Person and Persons who shall lend any Money upon the Credit of this Act as aforesaid, and pay the same into the Receipt of the Exchequer, (half immediately have a Tally of Loan struck for the same, and an Order for his, her, or their Repayment, bearing the same Date with his, her, or their Tally; in or upon which Order shall be also contained a Warrant for the Payment of Interest for4he Forbearance thereof so that such Interest do not exceed, upon or in respect of the-whole Amount of the Monies raised, the said Rate of four Pounds and ten Shillings per Centum per Annum* and to be paid every three Months, until the Repayment of the Principal; and all such Orders for Payment of Money so to be lent shall be registered in Course, according to the Dates respectively; and that all and every Person and Persons shall be paid in Course, according as their Orders shall stand registered in the said Register Books, so as the Person or Persons, Natives or Foreigners, his, her, or their Executors, Administrators, or Assigns, who shall have his, her, or their Order or Orders first entered in the said Book of Register, shall be taken and accounted to be the first Person or Persons to be paid out of the Monies to come in by virtue of this Act $ and he, she, or they, who shall have his, her, 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 Monies composing the Funds established by virtue of this Act shall be in the same Order liable to the Satisfaction of the said respective Persons and Body or Bodies Politick or Corporate, their Executors, Administrators,’ Successors, or Assigns respectively, without any undue Preference of one before another, and not otherwise, and shall not be diverted or divertible to any other Use, Intent, or Purpose whatsoever; and that no Fee, Reward, or Gratuity, directly or indirectly, shall be demanded orjaken of any of his Majesty's Subietfts, for providing or making any such Books or Registers, or any Entries, Views, or Searches, in or for Payment of Money lent, or the Interest thereof, as aforesaid, by any of his Majesty'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 Costs of Suit; or if the Officer himself take or Demand any such Fee or Reward, then to forfeit 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, with full Costs of Suit, to the Paity aggrieved, and shall be forejudged of his Place or Office; and if such Preference shall be unduly made by any Deputy or Clerk, without Direction or Privity of his Matter, then such Deputy or Clerk only shall be liable to such Action, Debt, Damage, and Costs, and shall for ever be incapable of his Place or Office; and in case the Auditor of the Receipt shall not direct the said Orders of Loan, or the-Clerk of the Pells record, or the Tellers make Payment upon such Order according to each Person’s due Place and Order, as before directed, then he or they shall be adjudged to forfeit, and the respective Deputies and Clerks therein offending to be liable to such Action, Debt, Damages, and Costs, in such Manner as aforesaid: All which said Penalties, Forfeitures, Damages, and Costs, to be incurred by any of the Officers of the Exchequer, or any their Deputies or Clerks, shall and may be recovered by Action of Debt, Bill, Plaint, or Information, in any of his Majesty's Courts of Record at Westminster, wherein no Essoin, Protection, Privilege, Wager of Law, injunction, or Order of Restraint, shall be in any wise granted or allowed.

XXVI. Provided always, and it is hereby declared, That if it shall happen that several Tallies of Loan,

or Orders for Payment, as aforesaid, bear Date, or be brought the same Day to the Auditor of the Receipt to be registered; then it shall be interpreted no undue Preference which of those be entered first, so as he enters them all the same Day. Tallies, dated or brought the same Day,

Monies paid into the Exchequer under th s AO shall be entered (eparjt; from other Payments.

2,000,000l. may be borrowed on the Credit of this AO.

Tallies of Loan shall be /truck, &c.

Orders shall be registered and paid in Course*

No Fee for registering, ftc.

Penalty for undue Preference*

It shall hot h* deemed undo* Preference which of the are first entered;

XXVII. Provided also, That it shall not be interpreted any undue Preference, to incur any Penalty, in point of Payment, if the Auditor direct, and the Clerk of the Pells record, and the Tellers do pay subsequent Orders to Persons that come and demand their Monies, and bring their Orders, before other persons who did not come to take their Monies and bring their Orders in Course; so as there be so much Money re* fenred as will satisfy precedent Orders which shall not be otherwise disposed of but kept for them; inte-sect upon Loan being to cease ffcm the Time the Money is so reserved and kept in Bank for them.

nor if subsequent Orders br paid before such as were not deermndsd in Court e. XXVIII.