Page:Ruffhead - The Statutes at Large - vol 5.djvu/639

A. D. 1725. Anno duodecimo Ge org 1 1 Regis. C. 33. 6ot beted orreceivecl within the Time of fuch their Accounts, and likewffe what Part thereof was hy them pr any of them paid to the Cafhier of the Bank of England aforefaid, and in making the faid < and before the faid Auditors or one of them they are to produce proper Vouch :rs fot every Sum or . i Money to by them or any of them received or paid, and the faid Auditor fhall have and receive of rhe Per- fon accounting, the Sum of twenty Shillings, and no more, for every thoufand Poun Is the fai i Accounts fhall amount unto ; the which Accounts fo audited fhall be figned by the faid Auditor, and the , be at all times to the faid Receiver General, his Deputy or Deputies, Compi I other Officers — """ therein concerned, a full and fufficicnt Warrant and Dilcharrro to all Intents and 1' ' ', ° , ftt 9 Geo. 2. <-. 3z. 16 Geo, i. c. 26. 19 Gu. 7.. t, la Gf •. . idjtGa. *. e 3-. XV. And be it further enacted by the Authority aforefaid, That in Cafe the faid Court of Chancery fh all Chancery rosy Judge it neceflary, for the Payment of the Demands of the Suitors of the faid Court, to bi row M borrow M ney upon the Duties or Fund hereby granted, that then it fhall and may be lawful for the (aid Court to bon Fund «  any Sum of Money thereupon, not exceeding in the whole the Sum pf fixty thoufand Pi unds, at fuch Times, and in fuch Proportions, and to make or giant fuch Order or Security on the faid V<..:u for Repay- ment of the Money fo borrowed, with Intereft, not exceeding five Pounds per Centum per Annum, at fuch Times and in fuch Manner as the faid Court fhall think fit to direct; which Money fo borrowed fhall be paid into the faid Bank of England, and be made Part of the general and common Cafh of the faid Court, for the Benefit of the faid Suitors, and fhall be iflucd and iffuable, from and by the faid Bank, for the like Benefit of the faid Suitors, as the faid Court of Chancery fhall likewife direct. XVI. And be it further enacted by the Authority aforefaid, That there fhall be provided and kept in the A- Ro .o k '0 be Bank of England, one or more Book or Books, in which an Account of the Monies that fnall be borrowed p Cpt . ln '!? e . upon the Credit of this Act fhall be fairly and orderly entred and regiftred, containing and exprefling the ^^nhot- feveral Sums fo borrowed, and the Times when they were reflectively advanced, together with the Names rowed. of the Perfons, Bodies Politick or Corporate, lending or advancing the fame; and that all and every Per- fon or Perfons, Bodies Politick or Corporate, who fhall lend any Money upon the Credit of this Act,' and pay the fame into the Bank of England, fhall, upon producing a Receipt of the fame under the Hand of any Cafhier or Cafhiers of the Bank, have an Order of the Court of Chancery for Repayment of his, her or their Principal Money, with Intereft for the fame, to be accounted from the Time of the advancing fuch Principal Sum, and to be payable by Half-yearly Payments, until the Repayment of his, her or their Prin- cipal Money; and that fuch Orders for Repayment fhall be Regiftred in a Book to be kept for that Pur- pofe with fuch Perfon or Perfons as the Court of Chancery fhall direct, in due Courfe of Time, according to the Date of the faid Orders reflectively; ar*i that all and every Perfon and Perfons, Bodies Politick or Monies to be Corporate, fhall be paid in Courfe, according as their Orders fhall fland regiftred in the faid Book or P aldlnCour fc- Books, fo as that the Perfon, Bodies Politick or Corporate, his, her or their Executors, Adminiftrators, Succeffors or Afligns, who fhall have his, her or their Order or Orders fir ft entred in the faid Book, fhall be taken and accounted as the firft to be paid out of the Monies to arife or come by Virtue of this Act; and he, fhe or they who fhall have his, her or their Order or Orders next entred, fhall be taken and ac- counted to be the Second to be paid, and fo fucceffively and in Courfe; and that the Monies to arife or come in by this Act fhall be in the fame Order liable to the Satisfaction of the faid refpective Parties, their Exe- cutors, Adminiftrators, Succeffors or Affigns fucceffively, without any undue Preference one before ano- ther, and not to be divertible or diverted to any other Ufe, Intent or Purpofe whatfoever; and that no Fee, Reward or Gratuity, directly or indirectly be demanded or taken of any Perfon or Perfons whatfoever, for providing or making any fuch Books, Regifters or Entries, or for any View or Search of the fame, or for the Payment of any Money lent upon the Credit of this. Act, or the Intereft thereof as aforefaid, by any Officer or Officers, their Clerks or Deputies, on Penalty of Payment of treble Damages to the Party griev- ed hy the Party offending, with 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 fhall be made, either in Point of Regiftry No undue Pre r . or Payment, contrary to the true Meaning of this Act, by any fuch Officer or Officers, then the Party of- ference - fending fhall be liable, by Action 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 un- duly made by any his Deputy or Clerk, without the Direction or Privity of his Mafter, then fifth Deputy or Clerk only fhall be liable to fuch like Action, Debt, Damages and Cofts as aforefaid, and fhall be for ever after incapable of his Place or Office ; all which faid Penalties, Forfeitures, Damages and Cofts, to be forfeited and incurred by any of the laft mentioned Officers or any of their Deputies or Clerks, fhall and may be recovered by Action of Debt, Bill, Plaint or Information in any of his Majefty's Courts of Record zxWcftminJler, wherein no Effoin, Protection, Privilege, Wager of Law, Injunction or Order of Reftraint fhall be in any ways granted or allowed. XVI!. Provided always, and it is hereby enacted, That if it happen that feveral Orders for Payment as What (hail be aforefaid, bear Date or be brought the fame Day to the Officer to be Regiftred, then it fhall be interpreted ~ .' r ; d r ° no undue Preference whii h of thofe he enters firft, fo as he enters them all the fame Day. rence. XVIII. Provided alfo, That it fhall not be interpreted to incur any Penalty, in Point pf Pavment, to pay fubfequent Orders of the Perfons that come and demand their Money, and bring" their Order before other Perfons that did not come'and demand their Money, and bring their Order in their Courfe, fo as there may be fo much 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. XIX. And be it further enacted by the Authority aforefaid, That every Perfon or Perfons, Bodies Poli- ■AfligriaMeand tick or Corporate, to whom any Money fnall be due by Virtue of this Act, after Order entred for Payment "'""""able. thereof as aforefaid, his, her or their Executors, Adminiftrators, Succeffors or Affigns, by Indorfement of Vol. V. 4 H his,