Page:Ruffhead - The Statutes at Large - vol 3.djvu/562

5^4- f: p.i'ticuhr E'iolc to be kept, Tj!lis how to b; g.v?n, Re- giftcr :o )'z in Caiirr^'Without What (hall not f}e an undue TrcfcreBcc. AFoney in t^e EKchequer how jlfigned ov€r. 1,146,5161. 10s, appropri- awd out of this Year'.s Tax to the Navy. Ante, c. I. C, 5. Anno quarto Gulielmi & Mari^.' A. D. 169?. XIX. And be it further enaiTced by the Authority aforefaid, That there {hall be provided and kept in ' tht-ir Iviajefties Exchequer (that is to fay) in the Office of the Auditor cf the Receipts, one Book, in which all Monies, that Ihall be paid into the Exchequer by virtue of this Aft, fhall be entred and rcgiftred apart and di{tin«£l fron all other Monies paid or payable to their Majefties upon any Account vvhatfoevar; and that all and every Perfon and Pcrfons, Natives or Foreigners, Bodies Politick or Corporate, who (hall Isnd ^ny Money to their Majefties upon the Credit of this ACt, and pay the fame into the Receipt of the E:<- cbequer, fliall immediately have a Tailcy of Loan ftruck for the fame, and an Order for his or their Re- payment, bearing the fame Date ^Nz the Talley ; in which Order {hyilt)be aifo contained a Warrant fof Paym.ent ot Intc-rell: for Forbearance, not exceeding the Rates aforefaid, for his or their Confideration, to, bo paid every three Months, until Repayment of his or their Principal ; and that all Orders for Repay- ment of Money Ihall be rcgi-.tred in Courfe, according to the Date of the Talley refpedivcly, without Preference of one before another ; and that all and every Perfon and Perfons fhall be paid in Courfe, ac- (ordinr; as their Orders fhall ftand regiftreii in the faid Book, fo as that the Perfon, Native or Foreigner, his or their Executors, Adminiftrators, or Affigns, who fhall have his, her, or their Order or Orders firft entred in the faid Book, fhall be taken and accounted as the firft Perfon to be paid upon the Monies to come in by virtue of this Aft; and he or they, who fnall have his or their Order or Orders next entred< innll be tiken and accounted to be the fecond Perfon to be paid, and fo fucceflively and in Courfe ; and that the Monies to come in by this Aft fhall be in the fame Order liable to the Satisfaftion of the faid re- fpeftive Parties, their Executors, Adminiftrators, or Affigns, fucceflively, without Preference of one be- fore another, and not otherwife, and not to be divertible to any other tJfe, Intent, or Purpofe whatfo- ever; and that no Fee, Reward, or Gratuity, direftly or indirectly, be demanded or taken of any of their Majefties Subjefts for providing or making any fuch Books, Regifters, Entries, View, or Search as aforefaid, or in or for the Payment of Money lent, or the Intereft: as aforefaid, by any of their Majefties Officer or Officers, their Clerks or Deputies, on pain of Payment of treble Damages to the Party grieved by the Party ofFending, with 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 fliall be made, either in point of Regiftry or Payment, contrary to the true Meaning of this Aft, by any fuch Officer or Officers, then the Party oftending fhall be liable by Aftion of Debt, or on the Cafe to pay the Value of the Debt, Damages, and Cofts, to the Party grieved, and fhall be forejudged from his Place or Office; and if fuch Preference be unduly made by any his Deputy or Clerk, without Direftion or Privity of his Mafter, then fuch Deputy or Clerk only fhall be liable to fuch Aftion, Debt, Damages, and Cofts, and fhall be for ever after incapable of his Place or Office. And in cafe the Auditor fhall not direft the Or- der, or the Clerk of the Pells record, or the Teller make Payment, according to each Perfon's due Place and Order, as before direfted, then he or they fhall be judged to forfeit, and their refpeftive Deputies and Clerks herein ofFending, to be liable to fuch Aftion, Debt, Damages, and Cofts, in fuch Manner as aforefaid. All which faid Penalties, F'orfeitures, Damages, and Cofts, to be incurred by any of the Of- ficers aforefaid, or any their Deputies or Clerks, fhall and may be recovered by Aftion of Debt, Bill, Plaint, or Information, in any of th^ir Majefties Courts of Record at Wejiminjier^ wherein no EfToin; Proteftion, Privilege, Wager of Law, Injunftion, or Order of Reftraint fliall be in any wife granted or allowed. XX. Provided always, and be it hereby declared. That if it happen that feveral Tallies of Loan, or Orders for Payment as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Receipt to be regiilered, then it fhall be interpreted no undue Preference which of thofe he enters firft, fo he enters them all the fame Day. XXI. Provided alfo. That it fhall not be interpreted any undue Preference to incur any Penalty in point of Payment, if the Auditor direft, and the Clerk of the Pells record, and the Teller do pay fub- fequent Orders of Perfons that come and demand their Money, and bring their Order, before other Per- fons that did not come to demand their Money, and bring their Order in their Courfe, fo as there be fo rrjuch Money referved as will fatisfy precedent Orders, which fhall not be otherwife difpofed, but kept for them ; Intereft upon Loan being to ceafe from the Time the Money is fo referved and kept in Bank for them. XXII. And be it further enafted by the Authority aforefaid. That every Perfon or Perfons, to whom any Monies Ihall be due by virtue of this Aft, after Order entred in the Book of Regifter aforefaid for Payment thereof, his Executors, Adminiftrators, or Affigns by Indorfement of his Order, may affign and transfer his Right, Title, Intereft, and Benefit of fuch Order, or any Part thereof, to any other, which' feeing notified m the Office of the Auditor of Receipt aforefaid, and an Entry or Memorial thereof alfo made in the Book of Regifter aforefaid for Orders (which the Officers fhall, upon Requeft, without Fee or Charge accordingly make) fhall intitle fuch Affignee, his Executors, Adminiftrators, and Affigns tc the Benefit thereof, and Payment thereon : And fuch Affignee may in like Manner affign again, and fe totles quoties ; and afterwards it fhall not be in the Power of fuch Perfon or Perfons, who have or hath; made fuch Affignments, to make void, releafe, or difcharge the fame, or any the Monies thereby due, Oi ' any Part thereof. XXIII. And be it enafted by the Authority aforefaid, that out of the Money which fhall be levied anc paid into the Receipt of the Exchequer^ as well upon Loan as otherwife, by virtue of this Aft, or anj other Aft of this Seffion of Parliament for granting Aids or Supplies to their Majefties (other than an Aft.' intituled, jln AB for granting to their Majejiies an Aid of four Shillings in the Pound for one Tear, for carry- Union a vigorous tFar again// FiAnQc) the Sum of twelve hundred twenty-fix thoufand five hundred aw fixteei 3