Page:Ruffhead - The Statutes at Large - vol 6.djvu/467

A. D. 1740. Anno dccimo tertio Georgii II. C. 23. 401 Value of the Debt with full Cofts of Suit to the Party grieved, and (hall be forejudged of his Office or Place ; and if fuch Preference be unduly made by any his Deputy or Clerk without Direction or Privity of his Matter, then fuch Deputy or Clerk only (hall be liable to fuch Action, Debt-, Damages and Cofts, and (hall be for ever after incapable of his Office or Place ; and in cafe the Auditor of the Receipt (hall not direct the faid Orders of Loan, or the Clerk of the Pells record, or the Tellers make Payment upon fuch Order, according to each Perfon's due Place and Order, as before directed, then he or they (hall 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 Pe- nalties, Forfeitures, Damages, and Cofts, to be incurred by any the Officers of the Exchequer, or any their Deputies or Clerks, (hall and may be recovered by Action of Debt, Bill, Plaint, or Information in any of his Majefty's Courts of Record at JP'eJlmlnfter, wherein no Effoin, Protection, Privilege, Wager of Law, Injunction, or Order of Reftraint, (hall be in any wife granted or allowed. VI. Provided always, and it is hereby declared, That if it (hall happen that feveral Tallies of Loan, What (hail be or Orders for Payment, as aforefaid, bear Date, or be brought the fame Day to the Auditor of the interpreted no Receipt to be regiftred, then it (hall be interpreted no undue Preference, which of thofe be entered enceT firft, fo as he enters them all the fame Day. VII. Provided alfo, That it fliall 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, fubfequent Orders to Perfons that come and demand their Monies, and bring their Orders, before 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 fliall not be otherwife 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. VIII. And be it further enacted, That all and every Perfon and Perfons to whom any Money fliall be Orders afligr.- due for Loans to be regiftred by virtue of this Act, after Order entered in the Book of Regifter as afore- able - faid, his, her or their Executors, Adminiftrators or Affigns, by proper Words of Affignment to be indorfed and written upon his, her or their Order, may affign or transfer his, her or their Right, Title, Intereft and Benefit of fuch Order to any other ; which being notified in the Office of the Auditor of the Receipt aforefaid, and an Entry or Memorial thereof alfo made in the Book of Regiftry aforefaid for Or- ders (which the Officers (hall upon Requeft without Fee or Charge accordingly make) (hall intitle fuch Affignee, hisj her or their Executors, Adminiftrators, Succeffors and Affigns, to the Benefit thereof and Payment thereon, and fuch Affignee may in like Manner affign again, and fo toties quoties ; and afterwards it (hall not be in the Power of fuch Perfori or Perfons who have or hath made fuch Affignment to make void, releafe or difcharge the fame, or any the Monies thereby due, or ■ any Part thereof. IX. And to the end there may be no Want or Failure of a certain Sum not to exceed in the whole the faid Sum of one million two hundred thoufand Pounds to be raifed either by fuch Loans as aforefaid, or by ifluing Exchequer Bills as is herein after mentioned, or by both or either of thofe Ways or Means, for the publick Service ; Be it further enacted by the Authority aforefaid, That in cafe the Commif- Treafury may fioners of his Majefty's Treafury, or any three or more of them now being, or the High Treafurer, or " lfe ^ e ^ in any three or more of the Commiltioners of the Treafury for the time being (hall judge it more advifeable to outnewExchl- raife the faid Sum of one million two hundred thoufand Pounds, or any Part thereof, by Exchequer Bills quer Bills, inftead of fuch Loans as aforefaid; that then they refpectively are hereby authorized and impowered at any Time or Times to prepare and make, or caufe to be prepared and made, at the Exchequer any Number of new Exchequer Bills, for any Sum or Sums of Money, not exceeding in the whole the faid Sum of one million two hundred thoufand Pounds, together with fuch Loans as aforefaid, in the fame or like Manner, Form or Order, and according to the fame or like Rules and Directions as in and by a certain Act of Parliament for continuing the Duties upon Malt, Mum, Cyder and Perry, for the Service of the Year one thoufand feven hundred and forty, are enacted and prefcribed concerning the Exchequer Bills to be made in purfuance of the faid Act. X. And- be it further enacted by the Authority aforefaid, That all and every the Claufes, Pro- Claufes of the vifoes, Powers, Privileges, Advantages, Penalties, Forfeitures and Difabilities contained in the faid Malt Act 1740, laft-mentioned Act, relating to the Loans or Exchequer Bills authorized to be made by the fame Act cheque! BU)s, (except fuch Claufes as do charge the fame on the Duties or Impoiitions granted or continued by the to extend to lame Act) (hall be applied and extended to the Exchequer Bills to be made in purfuance of this Act, thofeofitnia as fully and effectually to all Intents and Purpofes as if the faid Exchequer Bills had been originally authorized by the faid laft-mentioned Act, or as if the faid feveral- Claufes or Provifoes had been par- ticularly repeated and re-enacted in the Body of this prefent Act. XI. And be it enacted by the Authority aforefaid, That all the Exchequer Bills as (hall be made in The Cud Bills purfuance of this Act, and' the Intereft, Premium, Rate and Charges incident to, or attending the ^^f^.?" lame, lhall be and are hereby charged and chargeable upon, and (hall be repaid and borne by or out of f un d," the growing Produce of the faid SurplufTes, Exceffes and Overplus Monies, commonly called The Sink- ing Fund (except fuch Monies of the faid Sinking Fund as are appropriated to any particular Uie or Ui'es by any former or other Act or Ads of Parliament in that Behalf) and fuch Monies of the faid Sinking Fund (hall and may be iffued and applied, as faft as the fame can be regularly ftated and a;cer- tained, for or towards paying off, cancelling and discharging fuch Exchequer Bills, Intereft, Premium, Rate or Charges, until the whole of them fhall be paid oft, cancelled and difcharged, or Money fufri- cient for that Purpofe be referved and kept in the Exchequer, to be payable on Demand to the re- fpective Proprietors- thereof., Voir. VL F if XII, Provided