Officers to

and accounted to be the first person or persons to be paid out of the faid furpluffes, exceffes, and overplus monies; and he, she, and they, who fhall have his, her, or their order or orders next entred, thall be taken and accounted to be the fecond person to be paid, and fo fucceffively and in course; and that the monies to come in of or for the faid furpluffes, exceffes, and overplus monies, commonly called The finking fund, as aforesaid, fhall be in the fame order liable to the fatisfaction of the said refpective perfons, and body or bodies politick or corporate, their executors, adminiftrators, fucceffors, or affigns refpectively, without undue preference of one before another, and not otherwise; and shall not be diverted or divertible to any other ufe, 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 intake no fees. directly thall be demanded or taken of any of his Majefty's fubjects for providing or making of any fuch books or registers, or any entries, views, or fearches in or for payment of money lent, or the interest thereof as aforesaid, 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 offending, with full costs of fuit; or if the officer himself take or demand any such fee or reward, then to lose his place also; 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 shall be liable by action of debt, or on the cafe, to pay the value of the debt with full costs of suit to the party grieved, and shall be forejudged of his office or place; and if fuch preference be unduly made by any his deputy or clerk, without direction or privity of his master, then fuch deputy or clerk only fhall be liable to fuch action, debt, damages, and cofts, and fhall be for ever after incapable of his office or place; and in cafe the auditor of the receipt fhall not direct the faid orders of loan, or the clerk of the pells record, or the tellers make payment upon fuch order, according to each person'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 cofts, in fuch manner as aforePenalties how faid; all which faid penalties, forfeitures, damages, and costs, to be recover- to be incurred by any the officers of the exchequer, or any

Penalty for taking fees,

and for undue preference.

ed.

No undue preference.

their deputies or clerks, fhall and may be recovered by action of debt, bill, plaint, or information, in any of his Majesty's. courts of record at Westminster; wherein no effoin, protection, privilege, wager of law, injunction, or order of restraint shall be in any wife granted or allowed.

IV. Provided always, and it is hereby declared, That if it fhall 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

preference which of those be entred first, so as he enters them

all the fame day.

V. Provided alfo, That it fhall not be interpreted an undue Subfequent preference, to incur any penalty, in point of payment, if the orders may be auditor direct, and the clerk of the pells record, and the tellers paid when due do pay fubfequent orders, to perfons that come and demand their and apply'd for, if money monies, and bring their orders, before other perfons that did be left to pay not come to take their monies, and bring their orders in courfe; precedent orfo as there be so much money referved as will fatisfy precedent ders when deorders, which shall not be otherwife difpofed of, but kept for them, interest upon loan being to cease from the time the money is so reserved and kept in bank for them.

manded.

VI. And be it further enacted, That all and every person and Transfers alperfons to whom any money fhall be due for loans to be regi- low'd. ftred by virtue of this act, after order entred in the book of register as aforefaid, his, her, or their executors, administrators, or affigns, by proper words of affignment to be indorfed and written upon his, her, or their order, may affign or transfer his, her, or their right, title, interest and benefit of such order, or any part thereof, to any other; which being notified in the office of the auditor of the receipt aforesaid, and an entry or memorial thereof also made in the book of registry aforefaid for orders (which the officers fhall upon request 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 fo toties quoties; and afterwards it fhall not be in the power of fuch perfon or perfons who have or hath made fuch affignment, to make void, release, or discharge the fame, or any the monies thereby due, or any part thereof.

VII. 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 one million, to be raised either by fuch loans as aforefaid, or by issuing 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 aforefaid, That in cafe the commiffionTreasury may ers of his Majefty's treasury, or any three or more of them raife the fum now being, or the high treasurer, or any three or more of the by exchequer commiffioners of the treasury for the time being, fhall judge it bills, more adviseable to raise the faid fum of one million, or any part thereof, by exchequer bills inftead of fuch loans as aforefaid; that then they respectively are hereby authorized and impowered at any time or times to prepare and make, or cause 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 one million, together with fuch loans as aforefaid, in the fame or like manner, form, or order, and according to be made. to the fame or like rules and directions, as in and by a certain out according act of parliament for continuing the duties upon malt, mum, to the rules of the malt act. cyder, and perry, for the fervice of the year one thousand seven

B 3

hundred

1

The exche

quer bills to be
paid out of the
inking fund.

hundred and forty two, are enacted and prescribed concerning the exchequer bills to be made in pursuance of the faid act.

VIII. And be it further enacted by the authority aforefaid, That all and every the clauses, provifoes, powers, privileges, advantages, penalties, forfeitures, and difabilities contained in the faid last-mentioned act relating to the loans or exchequer bills authorized to be made by the fame act (except fuch claufes as do charge the fame on the duties or impofitions granted or continued by the fame act) shall 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 faid feveral clauses or provifoes had been particularly repeated and re-enacted in the body of this present act. IX. And be it enacted by the authority aforefaid, That all the exchequer bills which fhall be made in purfuance of this act, and the intereft, premium, rate, and charges incident to or attending the fame, fhall be and are hereby charged and chargeable upon and fhall be repaid and born by or out of the growing produce of the faid furplufies, exceffes, and overplus monies commonly called The finking fund (except fuch monies of the faid finking fund as are appropriated to any particular use 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 issued and applied, as faft as the fame can be regularly ftated and afcertained, for or towards paying off, cancelling, and difcharging fuch exchequer bills, intereft, premium, rate, and charges, until the whole of the fhall be paid off, cancelled, and difcharged, or money fufficient for that purpose be kept and referved in the exchequer, to be payable on demand to the respective proprietors thereof.

CAP. IV.

An act for punishing mutiny and desertion; and for the better payment of the army and their quarters. EXP.

CAP. V.

An act for continuing and making more effectual an act made in the feventh year of the reign of his late majefty King George the First, intituled, An act for repairing the road from Wendover to the town of Buckingham in the county of Bucks; and for building a bridge at Padbury, and making it a county bridge.

The tolls altered, and continued for 21 years.

CAP. VI.

An act for enlarging the term and powers granted by two acts of parlia ment, one of the eighth year of the reign of her late majesty Queen Anne, and the other of the ninth year of the reign of his late majefty King George the Firft, for repairing the highways between the house commonly called The Horfhoe Houfe, in the parish of Stoke Goldington in the county of Bucks, and the town of Northampton, and the road from the north bridge of Newport Pagnel in the county of Bucks, to the Horfhoe House.

The two acts continued for 21 years.

CAP.

CAP. VII.

An act for enlarging the term and powers granted by an act paffed in the thirteenth year of the reign of his late majefty King George the First, intituled, An act for repairing the roads leading from the town of Bromf grove to the town of Dualey in the county of Worcester; and from the said town of Bromsgrove to the town of Birmingham in the county of Warwick; fo far as the faid act relates to repairing the roads leading from the town of Dudley to the town of Bromsgrove in the county of Worcester; and for making the fame more effectual.

Continuance for 21 years.

CAP. VIII.

An act for laying a duty of two pennies Scots, or one fixth part of a penny fterling, upon every Scots pint of ale and beer which shall be brewed for fale, brought into, tapped, or fold within the town of Kirkcaldy, and liberties thereof.

CAP. IX.

An act for enlarging the term and powers granted by two acts of parliament, one of the firft, and the other of the twelfth year of the reign of his late majesty King George the First, for repairing the highways between Tyburn and Uxbridge in the county of Middlefex; and for amending the road leading from Brent Bridge, over Hanwell-Heath, through the parishes of Hanwell, New-Brentford, and Ealing, to the great western road in the said county.

The acts continued for 21 years.

CAP. X.

An act for explaining, amending, and making more effectual two arts of parliament, one paffed in the ninth and tenth years of the reign of his late majesty King William the Third, for erecting workhouses, and houses of correction, in the town of Kingston upon Hull, for the employment and maintenance of the poor there; and the other paffed in the eighth year of the reign of her late majesty Queen Anne, for the more effectual provision of the poor in the faid town.

CAP. XI.

An act for granting an aid to his Majesty by a land tax to be raised in Great Britain, for the fervice of the year one thousand seven hundred and forty two. Exp. 4 s. in the pound.

CAP. XII.

An act to explain and amend an act paffed in the twelfth year of his prefent Majefty's reign, intituled, An act to enable the parishioners of Saint Catherine Coleman, in Fenchurch Street in the city of London, to rebuild the church of the faid parish; and for making the faid act more effectual for the purposes thereby intended.

CA P. XIII.

An act for establishing an agreement with the governor and company of the bank of England, for advancing the fum of one million fix hundred thousand pounds, towards the fupply for the fervice of the year one thousand feven hundred and forty two.

W

HEREAS by an act of parliament made and paffed in the Preamble, releventh year of the reign of her late majesty Queen Anne citing the acts (intituled, 7 Anne, c. 7.

B 4

(intituled, An act for enlarging the capital stock of the bank of England, and for raising a further fupply to her Majefty, for the service of the year one thousand seven hundred and nine) it was declared and enacted, That the faid governor and company of the bank of England, and their fucceffors for ever, should continue and be one body corporate and politick, and should for ever have, receive, and enjoy the entire yearly fund of one hundred thousand pounds therein mentioned, out of certain rates and duties of excife therein defcribed, and fuch abilities, capacities, powers, authorities, franchises, exemptions, privileges, profits, and advantages, as are therein expressed; fubject nevertheless to a power and condition of redemption in that act contained in that behalf; and it was thereby provided and enacted, That at any time upon twelve months notice after the first day of Auguft, which should be in the year of our Lord one thousand seven hundred and thirty two, and not before, and upon repayment by parliament to the faid governor and company of the bank of England, or their fucceffors, of the several fums amounting to one million fix hundred thousand pounds therein mentioned, without any deduction, difcount, or abatement whatfoever to be made out of the faid fum of one million fix hundred thousand pounds, or any part thereof, and upon payment to the faid governor and company, and their fucceffors, of all arrears of the faid one hundred thousand pounds per annuin, and all the principal and intereft money which should be owing unto them upon all fuch tallies, exchequer orders, or parliamentary funds, which the faid governor and company, or their fucceffors, should have remaining in their hands, or be intitled to, at the time of fuch notice to be given as aforefaid; fuch funds, for redemption whereof other provifion was made in the fame act, only excepted) then, or in fuch cafe, and not till then, the faid yearly fund of one hundred thousand pounds, fhould ceafe and determine; as by the said act (relation being thereunto bad) may more plainly appear: and whereas by an act of parliament and 12 Anne, made and paffed in the twelfth year of her faid late Majesty's reign (intituled, An act to raife one million two hundred thousand pounds for publick ufes, by circulating a further fum in exchequer bills, and for enabling her Majefty to raife five hundred thousand pounds on the revenues appointed for the ufes of her civil government, to be applied for or towards payment of fuch debts and arrears, owing to her fervants, tradefmen, and others, as are therein mentioned) it is, amongst other things, declared and enacted, That the before recited provifo or condition for determining the faid yearly fund of one hundred thousand pounds, upon twelve months notice, after the faid first day of Auguft, one thousand seven hundred and thirty two, upon fuch payments as aforefaid, should be and was thereby repealed and made void; and that the faid governor and company of the bank of England, and their fuccefors, for ever, fhould remain, continue, and be one body corporate and politick, by the name of The governor and company of the bank of England, and fhould for ever have, receive, and enjoy the faid entire yearly fund of one hundred thousand pounds out of the faid rates and duties of excife, together with a perpetual fucceffion, and all abilities, capacitics, powers, authorities, franchifes, exemptions, privileges, profits,

f. I. C. II.

and

.