Page:Ruffhead - The Statutes at Large - vol 7.djvu/80

36 C. "lb. Anno vicefimo Georgii II. A. D. 1747. One min:on granted out of the SiBKrrr.g Fund. Chufe of Loan at 4I, per Cent, Ta!lies and Or- c'crs IcrRepay- nicnt. Orders to be regilter'd, and paid in Courie, M'ithout undue Preference, ^0 Fee for regi' Jiering, &c. Penalty of undue I'lefcrcncc, y^ jefty in this Seffion of P.;iliamcnt, for tlie Service of the Year one thoiifand fcven hundred and forty-feven, ill ihe eariefl Manner we are able, for the Ecncfit of your Majefly's Subjeds, and alfo to ufe fuch Ways and Means therein, as that your Majcfty may have the better and more fpeedy EfFccb of the faid Sup- plies, have refolved to give and grant unto your Mnjefty the Sum of one million, out of the SurpluiTes, ExcefTcs and Overplus Monies, commonly called Tbe Sinking Fund : And to that End and Purpofe do moft humbly befeech your Majefty that it may be ena£}cd, and be it enasSted by the King's moft Excellent Ma- jcfty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prei'ent Parliament afTembled, and by the Authority of die fame. That by or out of fuch Monies as now are, or fhall from time to time be and icmziii in the Receipt of the Exchequer, of the faid Surplufles, Ex'- cefl'es or Overplus Monies, commonly called The Sinking Fund (after paying or refervirg fufficient to pay all fuch Sum and Sums of Money as have been directed by any former Aft or Afts of Parliament to be paid out of the fame) there ftiall and may be iffued and applied, a Sum not exceeding the faid Sum of one million, for and towards the Supply granted to his Majefty for the Service of the faid Year one thoufaiid feven hundred and forty-feven ; and the Commiflloners of his Majefty's Treafury, or any three of them now being, or the High Treafurer, or any three or more of the Commiflloners of the Treafury for the time being, are hereby authorized and impowered to ilfue and apply the fame accordingly. II. And it is hereby enafled by the Authority aforefaid. That in cafe the faid CommiiTioners of his Ma- jefty's Treafury, or any three or more of them now being, or the Pligh Treafurer, or any three or more of the Commiffioners of the Treafury for the time being, fhail think it advifcable to raife the faid Sum of one million, or any Part thereof, by Loans or Exchequer Bills, in Manner herein after mentioned, that it fhall and may be lawful to and for any Perfon or Perfons, Natives or Foreigners, Bodies Politick or Corporate, to advance or lend to his Majefty, at the Receipt of his Majefty's Exchequer, any Sum or Sums of Money not exceeding the faid Sum of one million, upon the Credit of the faid Surpluftes, Excefles or Overplus Monies, commonly called T7;^ 5/«.^zh^ iv»Z(^; and to have and receive for the Forbearance of the Money lent, Intereft after a Rate not exceeding four Pounds per Centr/m per Annum, fo as fuch Loans be allowed to be made by the faid Commiffioners of the Treafury, or any three or more of them now being, or the High Treafurer, or any three or more of the Commiffioners of the Treafury for the time being, who are hereby •authorized to iffue their Warrants for that Purpofe as faft as fuch Loans fhall be wanted for the publick Service ; and moreover that no Money fo to be lent on the Security of this A£f fhall be rated or afTeffed to any Tax or Affeffment whatfoever. III. And be it further enacted. That all and every Perfon and Perfons who fhall lend any Money upon the Credit of this KSk as aforefaid, and pay the fame into the Receipt of the Exchequer, fhall immediately have a Tally of Loan ftruck for the fame, and an Order for his, her or their Repayment, bearing the fame Date with his her or their Tally, in or upon which Order fhall be alfo contained a Warrant for Payment of Intereft for the Forbearance thereof, not exceeding the faid Rate of four Pounds per Centum per Anniauy and to be paid every three Months, until the Repayment of the Principal ; and all fuch Orders for Repay- ment of Money fo to be lent fliall be regiftred in Courfe according to the Dates refpecfively ; and that all and every Perfon and Perfons fhall be paid in Courfe, according as their Orders fliall ftand regiftred in the faid Regiftcr Books, fo as the Perfon or Perfons, Natives or Foreigners, his her or their Executors, Admi- niftriitors or Affigns, who fliall ha^ e his, her or their Order or Orders firft entered in the faid Books of Re- fifter, fliall be taken and accounted to be the firft Perfon or Perfons to be paid out of the faid Surpluffes, 'xceffts or Overplus Monies ; and he, (he or they who fliall have his, her or their Order or Orders next entered, fhall be taken and accounted to be the fecond Perfon to be paid, and fo fucceffively and in Courfe ; and that the Monies to come in, of or for the faid Surplufles, Exceffes or Overplus Monies, commonly called The Sinking Fund, as aforefaid, fhall be in the fame Order liable to the Satisfaction of the fiiid refpec- tive Perfons, and Body or Bodies Politick or Corporate, their Executors, Adminiftrators, Succeftbrs or Af- figns refpeftively, without any undue Preference of one before another, and not othervvife ; and fliall not be diverted or divertible to any other Ufe, Intent or Purpofe whatfoever (other than fuch LTfes and Purpofes as are appointed by any other Adt or A£fs of Parliament in that Behalf as aforefaid ;) and that no Fee, Re- ward, or Gratuity direftly or indiredlly fhall be demanded or taken of any of his Majefty's SubjeiSfs for providing or making of any fuch Books or Regifters, or any Entries, Views or Searches in or for Payment of Money lent, or the Intereft thereof as aforefaid, by any of his Majefty's Officer or Officers, their Clerks or Deputies, on Pain of Payment of treble Damages to the Party grieved by the Party oftending, with Full 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 fhall be made either in Point of Regiftery or Payment, contrary to the true Meaning of this Acr, by any fuch Officer or Officers, then the Party of- fending fhall be liable by Aftion of Debt, or on the Cafe, to jiay the Value of the Debt with Full Cofts of Suit to the Party grieved, and fliall be forejudged of his Place or Office ; and if fuch Preference be unduly made by any his Deputy or Clerk, without DireiStion or Privity of his Maltcr, then fuch Deputy or Clerk only fhall be liable to fuch A6lion, Debt, Damages and Cofts, and fliall be I'or ever after incapable of his Place or Office ; and in cafe the Auditor of the Receipt: fliall not direiff the faid Orders of Loan, or the Clerk of the Pells record, or the Teller make Payment upon fuch Order, according to each Perfon's due Place and Order as before direfted, then he or they fliall be adjudged to forfeit, and the refpeftive Deputies and Clerks therein offending, to be liable to fuch AiTtion, Debt, Damages and Cofts, in fuch Manner as aforefaid ; all which faid Penalties, Forfeitures, Damages and Cofts, to be incurred by any the Officers of the Exchequer, or any their Deputies or Clerks, fliall and may be recovered by Adfion of Debt, Bill, Plaint or Information, in any of his Majeliy's Courts of Record at IJ'eftininficr ; wherein no Effoin, Pro- teilion. Privilege, Wager of Law, Injunclion or Order of Rellraint fliall be in any wife granted or al- lowed. 3 IV. Provided