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Penalty.

and not otherwise, and fhall not be diverted or divertible to any other use, intent, or purpose whatsoever (other than such uses and purposes as are appointed by any other act or acts of parliament in that behalf as aforefaid;) and that no fee, reward, or gratuity directly or indirectly fhall be demanded or taken of any of his Majefty's fubjects for providing or making of any fuch books or regifters, or any entries, views, or fearches in or for payment of money lent, or the intereft thereof as aforesaid, by any of his Majesty's officer or officers, their clerks, or deputies, on pain of payment of treble damages to the party grieved by the party offending, with full cofts of fuit; or if the officer himself take or demand any fuch fee or reward, then to lofe his place alfo; and if any undue preference of one before another shall be made either in point of registry or payment, contrary to the true meaning of this act, by any fuch officer or officers, then the party offending fhall be liable by action of debt, or on the cafe, to pay the value of the debt with full cofts of fuit 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 direction or privity of his mafter, then fuch deputy or clerk only shall be liable to fuch action, debt, damages, and cofts, and shall be for ever after incapable of his office or place; and in case the auditor of the receipt shall not direct the faid orders of loan, or the clerk of the pells record, or the teller make payment upon fuch orders, according to each perfon's due place and order as before directed, then he or they fhall be adjudged to forfeit, and the respective deputies and clerks therein offending, to be liable to fuch action, debt, damages, and cots, in fuch manPenalties how ner as aforefaid; all which faid penalties, forfeitures, damages, to be recover- and cofts, to be incurred by any the officers of the exchequer, ed. or any 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 at Westminster; wherein no essoin, protection, privilege, wager of law, injunction, or order of restraint fhall be in any wife granted or allowed.

No undue pre

tallies are

VIII. Provided always, and it is declared, That if it fhall ference, where 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 regiftred, then, it fhall be interpreted no undue preference which of those be entered firft, fo as he enters them all the fame day.

dated the fame day, &c.

Nor if fubfe

fuch as were

ed.

IX. Provided alfo, That it fhall not be interpreted any unquent orders due preference to incur any penalty in point of payment, if the be paid before auditor direct, and the clerk of the pells record, and the tellers not demand- do pay fubfequent orders to perfons that come and demand their monies, and bring their orders, before other persons that did not come to take their monies, and bring their orders in course, so as there be fo much money referved as will fatisfy precedent orders, which thall not be otherwife difpofed of, but kept for them; interest upon loan being to cease from the time the money is fo referved and kept in bank for them.

X. And be it further enacted, That all and every person and Orders afsignperfons to whom any money fhall be due for loans to be regi- able. ftred by virtue of this act, after order entered in the book of registry as aforefaid, his, her, or their executors, administrators, or affigns, by proper words of affignment to be indorsed and written upon his, her, or their order, may affign and transfer his, her, or their right, title, intereft, and benefit of fuch order, or any part thereof to any other; which being notified in No fee for the office of the auditor of the receipt aforefaid, and an entry or entry. memorial thereof also made in the book of registry aforesaid for orders (which the officers fhall upon requeft without fee or charge accordingly make) shall intitle fuch affignee, his, her, or their executors, adminiftrators, fucceffors and affigns, to the benefit thereof, and payment thereon, and fuch affignee may in like manner affign again, and so toties quoties; and afterwards it The affignfhall not be in the power of such person or perfons who have or ment not to be hath made fuch affignment, to make void, release, or discharge the fame, or any the monies thereby due, or any part thereof.

voided.

make new ex

XI. And to the end there may be no want or failure of a certain fum not to exceed in the whole the faid fum of nine hundred thousand pounds, to be raised either by fuch loans as aforefaid, or by iffuing exchequer bills as is herein after mentioned, or by both or either of those ways or means for the publick fervice; be it further enacted by the authority aforesaid, That in cafe the commiffioners of his Majefty's treafury, or any Commiffionthree or more of them now being, or the high treasurer, or any ers of the three or more of the commiffioners of the treasury for the time treafury may being, fhall judge it more adviseable to raise the said fum of chequer bills nine hundred thousand pounds, or any part thereof, by exche- for the faid quer bills, instead of fuch loans as aforefaid, that then they re- fum of spectively are hereby authorized and impowered at any time or 900,000l. times to prepare and make, or caufe to be prepared and made at the exchequer, any number of new exchequer bills, for any fum or fums of money not exceeding in the whole the said sum of nine hundred thousand 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 granting an aid to his Majesty, by a land tax, for the fervice of the year one thousand seven hundred and fifty) are enacted and prescribed concerning the exchequer bills to be made in pursuance of the said act.

XII. And be it further enacted by the authority aforefaid, Subject to the That all and every the claufes, provifoes, powers, privileges, regulations advantages, penalties, forfeitures, and difabilities, contained in contained in the land tax, the faid laft-mentioned act relating to the loans or exchequer &c. bills authorized to be made by the fame act (except fuch clauses as do charge the fame on the aids or affeffments, granted by the fame act) (hall be applied and extended to the exchequer bills to be made in pursuance of this act, as fully and effectually to all intents and purposes as if the faid exchequer bills had been originally authorized by the faid last mentioned act, or as if the

D 4

faid

Exchequer bills, &c. to

faid feveral claufes or provifoes had been particularly repeated or re-enacted in the body of this present act.

XIII. And be it enacted by the authority aforefaid, That all the exchequer bills as fhall be made in pursuance of this act, be repaid out and the intereft, premium, rate, and charges incident to, or atof the finking fund, tending the fame, fhall be and are hereby charged and chargeable upon, and fhall be repaid and borne by and out of the growing produce of the faid furpluffes, exceffes, and overplus monies, commonly called The Sinking Fund (except fuch monies of the faid finking fund as are appropriated to any particular ufe or uses by any former or other act or acts of parliament in that behalf) and fuch monies of the faid finking fund fhall and may be iffued and applied, as fast as the fame can be regularly ftated and afcertained, for and towards the paying off, cancelling, and discharging such exchequer bills, interest, premium, rate, or charges, until the whole of them thall be paid off, cancelled, and discharged, or money fufficient for that purpose be kept and referved in the exchequer, to be payable on demand to the refpective proprietors thereof.

Land tax, &c.

Malt tax,

XIV. Provided always, and be it enacted by the authority aforefaid, That all the monies coming into the exchequer, either by loans or exchequer bills, upon one act of this feffion of parliament (intituled, An act for granting an aid to his Majefly by a land tax, to be raised in Great Britain, for the fervice of the year one thousand feven hundred and fifty) and fo much money, if any fuch be, of the tax thereby granted, as shall arise or remain, after all the loans or exchequer bills made or to be made on the fame act, and all the interest, Præmium, rate and charges thereupon, and the charges thereby allowable for raifing the faid land tax, fhall be fatisfied, or money fufficient fhall be referved in the exchequer to discharge the fame; and alfo all the monies coming into the exchequer, either by loans or exchequer bills, upon one other act of this feffion of parliament (intituled, An act for continuing and granting to his Majesty cer tain duties upon malt, mum, cyder, and perry, for the fervice of the year one thousand feven hundred and fifty) and fo much money, if any fuch be, of the duties thereby granted, as fhall arife or re'main after all the loans or exchequer bills made, or to be made on the fame act, and all the intereft, Præmium, rate, and charges thereon, and the charges thereby allowable for raising the faid duties, fhall be fatisfied, or monies fufficient fhall be reserved in the exchequer to discharge the fame; and also all and annuities, the monies coming into the exchequer, for contributions for annuities after the rate of three pounds per centum per annum, granted by one other act of this prefent feffion of parliament, intituled, An act for granting to his Majesty the fum of one million, to be raised by annuities at three pounds per centum per annum, and charged on the finking fund, transferrable at the bank of England; and the fum of feventeen thousand five hundred and fifty three pounds, ten fhillings, and ten pence, remaining in the exchequer at Christmas last, being the furplus of the additional

duties upon all wines imported, over and above fufficient to fatisfy the annuities charged thereupon; and the fum of twenty nine thousand eight hundred and fifty fix pounds, one fhilling, and eleven pence halfpenny, being the furplus monies remaining in the exchequer at Michaelmas laft, one thousand seven hundred and forty nine, of the rates and duties upon houses, windows, and lights, and of the duties on coaches and other carriages, after fatisfying all payments due thereupon; and the fum of seventy one thousand one hundred and fixteen pounds, seventeen shillings and fix pence, being the furplus monies remaining in the exchequer at Michaelmas laft, one thousand feven hundred and forty nine, of the fubfidy of poundage on goods and merchandizes imported, after fatisfying all payments due thereupon; and alfo the fum of nine hundred thousand pounds, by this act granted, thall be further appropriated, and are hereby appropriated for and towards the feveral uses and purposes herein after expreffed (that is to fay) it is hereby enacted and declared by the authority aforefaid, That out of all or any the to be paid, aids or fupplies aforefaid, there fhall and may be iffued and applied any fum or fums of money, not exceeding one million ele- 1,11,5211. 58. ven thousand five hundred and twenty one pounds, five fhillings, rod. towards and ten pence, for or towards the naval fervices herein after naval services. more particularly expreffed; that is to fay, for or towards defraying the charges of the ordinary of his Majesty's navy, and for half-pay to fea officers; and for or towards victuals, wages, wear and tear of the navy, and the victualling thereof, performed and to be performed, and for or towards fea fervices in the office of ordnance, performed and to be performed; and for or towards the buildings, rebuildings, and repairs of his Majesty's fhips for the year one thousand seven hundred and fifty.

out of the aids

XV. And it is hereby alfo enacted by the authority aforefaid, 10,000l. to That out of all or any the aids or fupplies aforefaid, there fhall Greenwich and may be iffued and applied any fum or fums of money, not hospital. exceeding ten thousand pounds, upon account, towards the fupport of the royal hofpital at Greenwich, for the better maintenance of the seamen of the said hospital, worn out and become decrepit in the service of their country.

XVI. And it is hereby also enacted, That out of all or any 144,7081. 16s. the aids or fupplies aforefaid, there fhall and may be iffued and 4d. towards applied any fum or fums of money, not exceeding one hundred the office of forty four thousand feven hundred and eight pounds, fixteen Ordnance. fhillings and four pence, for or towards defraying the charge of the office of ordnance for the land fervice, for the service of the year one thousand feven hundred and fifty, performed and to be performed, and for defraying the extraordinary expence of the office of ordnance for land fervice, not provided for by parliament.

XVII. And it is hereby likewise enacted, That out of all or any the aids or fupplies provided as aforefaid, there fhall and 1,238,7041. may be issued and applied any fum or fums of money, not ex- the land forceeding one million two hundred thirty eight thousand feven ces.

hun

9s, 11d. to

of which

628,230l. 45. 7d. for guards

Britain, Guernsey, and Jersey ;

hundred and four pounds, nine fhillings and eleven pence, for and towards maintaining his Majesty's land forces, and other services herein after more particularly expreffed; (that is to fay) any fum or fums of money, not exceeding fix hundred twenty eight thoufand two hundred and thirty pounds, four fhillings, and feven pence, for defraying the charge of the eighteen thoufand eight hundred and fifty feven effective men, including commiffion and non-commiffion officers, and one thousand eight hundred and fifteen invalids, for guards, garrisons, and other his Majefty's land forces, in Great Britain, Guernsey, and Jersey, for the service of the year one thousand seven hundred and fifty; and any fum or fums of money, not exceeding two hundred thirty fix thousand four hundred and twenty pounds, eighteen Garrisons, &c. in the planta fhillings, and fix pence halfpenny, for maintaining his Majefty's tions, Minor- forces and garrifons in the plantations, Minorca, and Gibraltar, ca and Gibral- and for provifions for the garrifons in Nova Scotia, Newfoundland tar, Nova Sco- Gibraltar, and Providence, for the year one thousand seven hun

236,420l. 18s. 6d. 29. for

tia, New

foundland, and Providence.

buttle;

elector of

varia.

in 1749. 49,8481. 75. 6d. to out

dred and fifty; and any fum or fums of money, not exceeding twenty nine thoufand nine hundred and ninety three pounds, three thillings and feven pence, to make good his Majesty's en29.9931. 35. gagements with his moft ferene highnefs the duke of Brunswick 7d. to the duke of Brunf- Wolfenbuttle, pursuant to treaty; and any fum or fums of mowick Wolfen- ney, not exceeding eight thoufand fix hundred and twenty pounds, to make good his Majesty's engagements with the elec8,620l to the tor of Mentz, purfuant to treaty; and any fum or fums of moMentz. ney, not exceeding twenty two thousand three hundred and fe22,3721. 35. venty two pounds, three fhillings, and one penny halfpenny, d. 2q. to the to make good his Majefty's engagements with the elector of Baelector of Ba- varia, purfuant to treaty; and any fum or fums of money, not 65,4811. 45. exceeding fixty five thousand four hundred eighty one pounds, 7d. for extra four fhillings, and feven pence, for defraying the extraordinary ordinary land- expences of his Majefty's land forces, and other fervices incurforces, &c. red in the year one thousand feven hundred and forty nine, and not provided for by parliament; and any fum or fums of money, not exceeding forty nine thoufand eight hundred forty eight pounds, feven fhillings, and fix pence, upon account, towards defraying the charge of out-penfioners of Chelsea Hofpital, for the year one thousand seven hundred and fifty; and any fum or fums of money, not exceeding five thousand one hundred feventeen pounds, eleven fhillings, and eight pence, for defrayguards, &c. ing the charge for allowances to the feveral officers and private gentlemen of the two troops of horse guards, and regiment of horfe, reduced; and to fuperannuated gentlemen of the four troops of horse guards, for the year one thoufand feven hundred and fifty; and any fum or fums of money, not exceeding fixty feven thousand pounds, upon account of the reduced officers of his Majesty's land forces and marines, for the year one thousand feven hundred and fifty, subject to fuch rules to be observed in 3.3741. to re- the application of the faid half-pay, as are hereafter prescribed duced officers concerning the fame; and any fum or fums of money, not exwidows, &c. ceeding three thoufand three hundred feventy four pounds, for

penfioners of Chelsea Hof pital;

5,1171. 118. 8d. to the

two troops of horse

$7,000l. to reduced officers

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