Page:Ruffhead - The Statutes at Large - vol 3.djvu/600

552 C. 10. Anno quinto Gulielmi & Mari^. Accounts to be audited )'carly, and allowed by the Court of j^ideimen. ^mlitor'5 AN JovVance. Penalty. UpQti Chambsrliin miupplying the Monty. Chamberlain, &c. to give a Note of whdt h owing. Orphans Debt transferrabie. No PeiTon com- pellable to pay Orphans Money into the Cham- ber. ProceFs upon Kccognizance favedl Corporation I,ands charged, ifM.iyor, Sic. miffipi'ly. fines, 3cc. upon the'M.iyorj Sic, not to be dil". charged. A. D. 1694. That there Qiall, from Time to Time, be provided and kept by the faid Chamberiain for the fajd" City oi London for the Time being, one or more Boole or Books of Vellum or Parchment, in which all Monies to be received, by any the Ways or Means herein before m.-ntioned, fliall from Time to Time as the fame fhali be received, be entred or fet down, and for what the fame was received ; and alfo one other like Book or Books, wherein the Accounts of all Payments and Difburfements out of the fame fhall be like- wife entred, exprefTmg the Time when, the Occafion for which, and the Name of the Perfon or Perfons to whom the fame were fo paid and difburfed ; and that it fhall and may be lawful to and for all and every Perfon and Perfons to have free Accefs unto, and View of the faid refpedive Books of Receipts and Dif- burfements, at all Times, behveen the Hours of nine and twelve in the Forenoon, without any Fee or Rew^ard to be taken for the View or Infpeclion thereof: And that the Receipts and Payments of .all the Monies aforefaid, by the faid Chamberlain of the faid Cty, or other Officer, v/ho fhall be appointed by the faid Mayor, Commonalty, and Citizens, to receive or lifLie out the faid Monies, be audited yearly upon Oath before one of the Auditors of the Impreft'for the Time being (which Oath the faid Auditors re- fpectively are hereby required to adminifler) between the Feaft Days of Stiint Michael x.h.i Archangel, and tiaint Thontas the Apoftle ; and the faid Auditor fhall have and receive of the Chamberlain of the City of London for the Time being, the Sum of tv, enty Shillings, and no more, for every thoufand Pounds the faid Accounts fhall amount unto, the whi:h Accounts fo audited fhall be figned by the faid Auditor, and be allowed alfo by the faid Mayor and Court of Aldermen, and fairly entred, and remain in the Chamber of the faid City, to be perufed and viewed as aforefaid. XVI. And be it further enafted, That if any Chamberlain of the faid City oi LondoTi, or other Perfon aforefaid, {hall, after Receipt of arty of the faid Monies, divert or mifapply the fam.e, or any Part thereof, contrary to the true Intent and Meaning of this Aft, that then fiich Officer or Perfon, fo diverting or mif- applying the faid Money, fhall forfeit treble the Sum fo. mifapplied ; which faid P'orfeitures fnall be reco- . vered by any the faid Orphans, or other Creditors, their Executors, Adminiftrators or Affigns, that ihail fue for the fame, by Adtion of Debt, Bill, Plaint or Information, in any of their Majefties Courts oJ' Record, wherein no Effoin, Protection, or Wager of Law Ihall be allowed. XVII. And be it further ena6ted by the Authority aforefaid, That the Chamberlain and common Serr . jeant of the faid City, fhall upon Rcquefl: give unto every of the faid Orphans and Creditors, and to . their refpeilive Executors, Adminiftrators or Affigns, a Bill or Note in Writing of the principal Debt and IntereH: owing to fuch Orphan or Creditor, and to their refpective Executors, Adminiftrators or Af- figns ; and that any Perfon or Perfons, to whom any Money fnall be payable by Virtue of this Aft, may by Writing under his or their refpeftive Flands and Seals affign and transfer his, her or their Right or In- tereft, in and to fuch Monies payable by Virtue of this Aft, or any Part thereof, to any Perfon or Perfons whatfoever; which being entred or regiflied in a Book to he. kept by die faid Mayor and Court of Alder- nl'en for that Purpofe (which they are hereby enjoined to keep) and the Note or Bill of the faid Debt fo given as aforefaid being delivered up to the Officer appointed by the faid Court of Aldermen for that Pur- pofe, who faall thereupon give his Note or Bill in Writing of the Debt fo affigned, to the Party or Parties to whom fuch Affignm.ent ihall be made, fuch Affignee or Affignees, his or their Executors, Adminiftrators ■or Affigns, fhall be intitled to the Benefit thereof, and of all Mon.ies payable thereon, and fuch Aflignee or Affignees may in like Manner affign again, and fo toties quoties, and afterwards it fhall not be in the Power of any fuch Perfon or Perfons, who have made fuch Aifignments, to make void, releafe or difcharge the fame, or the Monies thereby affigned, or any Part thereof. XVIII. Provided always, and be it enafted. That no Perfon or Perfons whatfoever fhall at any Time be compelled or obliged by Virtue of any Cuflom within the faid City, or by any Order or Procefs of the Court of Orphans, or otnerwii'e howfoever, to pay or celiver into the Cham.ber of the faid City oi Lond^Hy any Sum or Sums of Money or perfonal Eifate, due or to be due or belonging to any Orphan or Orphans ot any Freeman of the faid City ; any Law or Ufage for enforcing the fame notwithftanding. XIX. Provided always, That nothing herein contained fhall be deemed or conftrued to extend to im- peach, make void, or prevent Procefs upon any Recognizance already given, according to the Cuftom of the faid City. XX. And be it further enafted, That if any of the faid Sum or Sums by this Aft appropriated, or any Part thereof, fhall happen to be mifapplied or converted to any other Ufe than as aforefaid, by the faid Corporation of the Mayor, Commonalty, and Citizens of London for the Time being, or any of their Officers, or any other Perfon, by Colour of any Warrant or Authority by, from, or under them ; that then in fuch Cafe the faid Mayor, Commonalty, and Citizens, fhall and may be anfwerable for the fame, ■ out of the Revenue of the faid Corporation, in any Aftion to be brought by any of the faid Orphans, qr | other Creditors, tircir Heirs or Affigns ; which faid Sum fo recovered Ihall go and be to and for the Ufes ■aforefaid, iii like Manner as the fame (if not mifapplied] fliould or might have been, excepting the Cofts of fuch Suit, which fiiall be to and for the Benefit of him, her or them ib fuing, XXI. Provided always, and be it enafted, 1 hat all Amerciaments, Fines, IfTues, or Diftreffes againft the faid Corporation of the faid Mayor, Commonalty and Citizens, and their Succeflbrs refpeftivcly, had, charged or levied, in or upon Account of fuch Suit or Aftions brought, fhall be applied to the Ufes afore- faid, and to no other Uls whatfoever, nor fhall the fame be pardoned, acquitted or difcharged by any J Letters of Signet, Privy Seal, or Great Seal, of their Majefties, their Heirs or Succeflbrs, or otherwite^ I howfoever; any Law or Ufage to the contrary notwithftanding. xxn.