Page:Ruffhead - The Statutes at Large - vol 4.djvu/307

A. D. 1706. Anno quinto Ann^ Reginse. C. 27. 255 Executors, Adminiftrators, or Afligns, who fhall have his or her Order or Orders' fifft entred in the faid refpeiSive Books of Regifter, (hall be taken and accounted the firft Perfon to be paid out of tiie Monies to come in by this Aft; and he, fine, or they who fhall have his or their Order or Orders next entrcd, (hall be taken and accounted to be the fecond Perfon to be paid, and fo fucceilively, and in courfe; and that the Monies to come in, of or for the feveral Subfidies, Impofitions, and Duties by this Act Monies not di- f ranted or continued as aforefaid, and alfo the Monies which by the faid A6t of the firft Year of her "^"•'e- lajefty's Reign {after Satisfaction of the Principal and Intereft thereupon as aforeiaid) fhall arife by the i Annae flat. i. ■Subfidies, Impofitions, and Duties thereby granted as aforefaid, fhall be in the fame Order liable to the =• '3- Satisfadion of the Monies to be lent as aforefaid, to the refpe£live Parties, their Executors, Adminiftra- tors, SuccefTors and Affigns refpedtively, without undue Preference of one before another, and not otherwife; and fhall not be diverted or divertible to any other Ufe, Intent, or Purpofe whatfoever; and NoFeetobets- that no Fee, Reward, or Gratuity, diredly or indiredly, to be demanded or taken of any her Majelly's ken on FenaJty. Subjefls, for providing or making of any fuch Books or Regifters, of any Entries, Views, or Search in or for Payment of Money lent, or the Intereft thereof as aforefaid, by any of her Majefty's OfHceror Offi- cers, their Clerks or Deputies; on Pain of Payment of Treble Damages to the Party grieved by the Party offending, with Treble Cofts of Suit, or if the Officer himfelf take or demand any fuch Fee or Reward, then to lofe his Place alfo; and if any undue Preference of one before another fliall be made, either in Or under Prefs- Point of Regiftry or Payment, contrary to the true Meaning of this Aft, by any fuch Officer or Officers, tence made, ^.-c, then the Party offending fhall be liable by Aftion of Debt, or on the Cafe, to pay the Value of the Debt, with Damages and Cofts to the Party grieved, and fhall be forejudged of 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 incapable of his Place or Office; and in Cafe the Auditor of the Receipt fhall not dire£t, 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 adjudged to forfeit, and the Jrefpeftive Deputies and Clerks herein offending to be liable to fuch Aftion, Debt, Damages, and Cofts, in fuch Manner as aforefaid; all which faid Penalties, Forfeitures, Damages, and Cofts to be incurred by any of the Offi- penalties bow cers of the Exchequer, or any their Deputies or Clerks, fhall and may be recovered by Action of Debt, recoverable. Bill, Plaint, or Information, in any of her Majefly's Courts of Record at Wejhdnjier, v/herein no Ef- foin, Proteftion, Privilege, Wager of Law, Injunftion, or Order of Reftraint fhall be in any wife granted or allowed. XIV. Provided always, and be it hereby declared, That if it happen that feveral Tallies of Loan, or No undoe Pre- Orders for Payment as aforefaid, bear Date, or be brought the fame Day to the Auditor of the Receipt, f=rence, &c. to be regiftred, then it fhall be interpreted no undue Preference, which of thofe be entred firft, fo as he inters them all the fame Day. XV. Provided alfo. That it fhall not be interpreted any undue Preference, to incur any Penalty in ^"'^'^1"=""" Point of Payment, if the Auditor direft, and the Clerk of the Pells Record, and the Tellers do pay fub- ^"^' fequent Orders to Perfons that come and demand their Monies, and bring their Orders, before other Per- fons that did not come to take their Monies, and bring their Orders in their Courfe, fo as there be fo much Money referyed as will fatisfy precedent Orders, which fhall not be otherwife difpgfed, but kept for them, Intereft upon Loan being to ceafe from the Time the Money is fo referved and kept in Bank for them. XVI. And be it further enafted. That all and every Perfon and Perfons, to v/hom any Money fliall Orders aiSgs- be due for Loans to be regiftred by virtue of this Aft, after Order entred in the Book of Regifter as afore- ^^ faid, his Executors, Adminiftrators, or Affigns, by proper Words of Affignment, to be endorfed and written upon his Order, may affign or transfer his Right, Title, Intereft, and Benefit of fuch Order, or any Part thereof, 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 Orders, which the Of- ficers fhall upon Requeft without Fee or Charge accordingly make, fhall entitle fuch Affignee, his Exe- cutors, Adminiftrators, and Affigns, to the Benefit thereof, and Payment thereon, and fuch Affignee may in like Manner affign again, and fo totles quoties, and afterwards it fhall not be in the Power of fuch Per- fon or Perfons who have or hath made fuch Affignment, to make void, releafe, and difcharge the fame, or any the Monies thereby due, or any Part thereof. XVII. And to the End the Contents of the Wine Gallon, whereby the Duties hereby granted are to ^'"« G:il!on be levied, may be afcertained and known to all her Majefty's Subjefts, and that all Difputes and Contro- 3f«f'»'n«<J' verfies touching the Wine Meafures, according to which any Cuftoms, Subfidies, or other Duties, are, from and after the firft Day of May one thoufand feven hundred and feveii, to be paid or payable to her See farther 6 Majefty, her Heirs or Succeflbrs, may be fettled. Be it further enafted and declared by the Authority?'^" '"'^'5. aforefaid. That any round Veflel (commonly called a Cylinder) having an even Bottom, and being feven ,2 Cf/i'^; 8 Inches Diameter throughout, and fix Inches deep from the Top of the Infide to the Bottom, ar any il Geo.z. c.q.' Veffel containing^ two liundred thirty-one cubical Inches, and no more, fhall be deemed and taken to be zeCra. 2. c.jz, a lawful Wine Gcdlon; and it is hereby declared. That two hundred fifty-two Gallons, confifting each 3°G». 2. c. 19. of two- hundred thirty-one cubical Inches, fhall be deemed a Ton of Wine, and that one hundred twenty- ^^ ^"- 2.. c. ig* fix fuch Gallons fhall be deemed a Butt or Pipe of Wine, and that fixty-three fuch Gallons (hail be ^ Cylinder. deemed an Hogfhead of Wine. ■ 252 Gallons a Toa of Wine. 126 a Butt m Pipe. 63 a HcgflieaJ, XVIII. And