any

(in respect whereof any duty is hereby made payable) be writ- be stamped
ten or ingroffed thereupon (fuch writing or ingroffing being at with another
any time after the faid fecond day of August, and within the mark.
term of the continuance of this act) be brought to the head of-
fice for stamping or marking of vellom, parchment and paper,
to be stamped or marked with another mark or stamp, over
and befides the marks or ftamps put or to be put thereupon
in pursuance of the faid former acts, or any of them; and that
all vellom, parchment and paper, which hath not been or shall
not before the said second day of August be stamped or marked
in pursuance of the said former acts, or any of them, fhall (be-
fore the matters or things, in respect whereof any ftamp-
duty is payable hereby, and by the faid former acts, or any of
them, fhall be thereupon written or ingroffed, fuch writing or
ingroffing being after the faid fecond day of August, and within
the faid term and the continuance of this act) be brought to
the faid head office, and there marked and ftamped with the
proper marks or ftamps, provided, ufed or appointed, or to be
provided or appointed in pursuance of this act, and of the faid
former acts of parliament, to denote the respective duties here-
by and thereby refpectively charged thereupon; and if any of
the faid matters and things fo to be ingroffed and written as a- writing with-
51. penalty for
forefaid, shall during the term last mentioned be ingroffed or out the
written, contrary to the true intent and meaning hereof, upon ftamps, &c.
vellom, parchment or paper, not appearing to have been duly
marked or stamped according to this act, that then and in every
fuch case there fhall be due, answered and paid (over and a-
bove the stamp-duties payable hereby, and by the faid former
acts, or any of them) for every fuch matter and thing refpec-
tively the fum of five pounds, and that no fuch matter or thing
shall be available in law or equity, or be given in evidence, or
admitted in any court, unless as well the faid duty hereby charg-
ed in respect thereof, as the faid fum of five pounds, fhall be
first paid to the receiver general for the time being of the stamp-
duties, or his deputy or clerk, and until the vellum, parchment
and paper, upon which fuch matter or thing is fo written or
ingroffed, shall be marked or ftamped, according to the tenor
and true meaning hereof: and the faid receiver general, and his
deputy or clerk, are hereby enjoined and required, upon pay-
ment or tender of the faid duties, and of the faid fum of five
pounds, and fuch other fums as by the faid former acts are pay-
able in that behalf, to give a receipt for such monies; and the
other proper officers are thereupon required to mark or stamp
fuch matters or things with the proper marks and ftamps re-
quired in that behalf, which faid fum of five pounds is to be
applied to the fame uses and purposes as the duties hereby grant-
ed are to be applied.

IX. And be it further enacted by the authority aforefaid, That Commissioners every commiffioner and officer who fhall act in and about and officers to the managing or collecting the ftamp-duties hereby granted, be fworn.

fhall

Their oath.

bank.

fhall before he fhall act in or about the fame, take the oath following, that is to fay,

A. B. do fwear, That I will faithfully execute the truft repofed in me, pursuant to the act of parliament made in the twelfth year of the reign of his majesty King George, intituled, An act for relief of the fuitors of the high court of chancery, whereby certain additional duties are charged or made payable, in respect of the several matters and things engrossed or written, as therein is mentioned, without fraud or concealment; and shall from time to time true account make of my doings therein, and deliver the fame to fuch perfon or perfons, as by the faid act are impowered to receive fuch account; and Jhall take no fee, reward or profit whatsoever, for the execution or performance of the faid truft, or the business relating thereto, from any person or perfons whatsoever, other than fuch as by the said act is allowed of.

Which oath shall or may be adminiftred by any two or more of the commiffioners laft mentioned, or any one or more juftices of the peace.

X. And be it further enacted by the authority aforefaid, That The money to be paid to the all and every the officer and officers who fhall be concerned in the levying, collecting or receiving the duties arifing by this act, fhall and do keep feparate and diftinct accounts thereof, and pay the fame to the cashier of the bank of England for the time being, who is hereby required and impowered to receive the fame, and whofe receipt or receipts fhall be, from time to time, to the faid receiver general, his deputy or deputies, a fufficient discharge, which payments are to be made weekly on Wednefday in every week, unless it be an holiday, and then the next day after, which shall not be an holiday.

A book to be kept on ac

count of the fuitors.

The penalties,

&c. of act 9

force.

XI. And be it further enacted by the authority aforesaid, That there fhall be provided and kept, in the bank of England, a book or books, wherein all the monies to be paid in weekly as aforefaid, fhall be entred, and the fame fhall be entred apart and distinct from all other monies paid or payable upon account of the fuitors of the faid court of chancery; and when the faid monies fhall be paid to the cashier of the bank as aforefaid, the fame shall be, and be confidered as part of the general and common cash of the faid court of chancery, and as such shall be iffued and applied in and for the payment of the refpective demands of the fuitors of the faid court, in fuch manner as the faid court fhall direct.

XII. And it is hereby further enacted, That all receivers. geW. 3. to be in neral, comptrollers, collectors and other officers, who are or shall be concerned in the managing, raifing, levying, receiving, collecting or paying the duties arifing by this act, or in keeping the accounts thereof, or accounting in refpect of the fame, thall perform their feveral and respective duties therein, as to them refpectively fhali appertain, under fuch and the like penalties, forfeitures and difabilities, for any offence or neglect therein, or for detaining or mifapplying any part of the faid monies, as are prefcribed and to be inflicted by virtue of an act

of

of parliament made and paffed in the ninth year of the reign of his late majesty King William the Third, intituled, An act for 9 W. 3. C. 448 raising a fum not exceeding two millions upon a fund for payment of annuities, after the rate of eight pounds per centum per annum, and for fettling the trade to the East-Indies, for the like offence or neglect, in relation to the duties upon falt, and other duties upon stampt vellom, parchment and paper thereby granted, or for detaining, diverting or mifapplying any part of the monies which were granted by the act laft mentioned.

XIII. And be it further enacted by the authority aforesaid, All the powers That all powers, provisions, articles, claufes, pains of death in the stamp and other penalties and forfeitures, diftribution of penalties acts to be in and forfeitures, and all other matters and things prefcribed, ap- force. pointed or contained in or by an act of parliament made in the said ninth year of the reign of his said late majesty King William 9 W. 3, C. 2§. the Third, intituled, An act for granting to his Majesty, his heirs and fucceffors, further duties upon ftampt vellom, parchment and paper, or in any other act of parliament relating to the like duties, which are now in force, and not hereby altered or otherwise provided for, shall in the fame manner and form as they now stand in force, with relation to the faid duties or any of them, be of full force and effect, with relation to the faid ftamp-duties hereby charged, during all the faid term of fixteen years, and shall be applied, practifed, made and executed for the fecuring, raifing, levying, collecting, executing, anfwering and paying the said stamp-duties hereby charged, according to the true intent and meaning of this act, as fully to all intents and purpofes, as if the fame powers, provifions, articles, claufes and things, and every of them, had feverally and respectively been particularly enacted in this act, with relation to the ftampduties hereby charged, and as if the ftamp-duties hereby charged had been charged by the faid last mentioned act of the ninth year of his faid late Majefty's reign or in any other fuch act or acts as aforefaid.

XIV. And be it enacted by the authority aforefaid, That the Receivers, &c, receiver or receivers general, comptroller or other perfon or to exhibit perfons, who are or shall be refpectively employed in the direct- their yearly ing, receiving, collecting or paying the duties by this act grant- accounts to ed, fhall and are hereby required, between the fecond day of the auditor of the imprefts. Auguft and the twenty fifth day of December in every year, during the continuance of this act, to exhibit their refpective yearly accounts thereof to his Majefty's auditors of the impreft for the time being, or one of them, who fhall and are hereby from time to time respectively authorized to examine upon oath the faid receiver or receivers general, comptroller or other perfon or persons, accountant or accountants, which fhall be employed in raifing, receiving or collecting the faid duties hereby granted, of and concerning what fum or fums of money was or were by them or any of them refpectively raised, collected or received within the time of fuch their accounts, and likewife what part thereof was by them or any of them paid to the cashier VOL. XV.

A a

of

of the bank of England aforefaid, and in making the faid accounts to and before the faid auditors or one of them they are to produce proper vouchers for every fum ór fums of money fo by them or any of them received or paid, and the faid auditor fhall have and receive of the perfon accounting, the fum of twenty fhillings, and no more, for every thoufand pounds the faid accounts (hall amount unto; the which accounts so audited fhall be figned by the faid auditor, and the fame fhall be at all times to the faid receiver general, his deputy or deputies, comptroller and all other officers therein concerned, a full and fufficient warrant and discharge to all intents and purposes.

Chancery may XV. And be it further enacted by the authority aforefaid, borrow money That in cafe the faid court of chancery fhall judge it neceffary, on this fund. for the payment of the demands of the fuitors of the faid court, to borrow money upon the duties or fund hereby granted, that then it shall and may be lawful for the faid court to borrow any fum of money thereupon, not exceeding in the whole the sum of fixty thousand pounds, at fuch times, and in fuch proportions, and to make or grant fuch order or fecurity on the faid fund for repayment of the money fo borrowed, with intereft, not exceeding five pounds per centum per annum, at such 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 cash of the faid court, for the benefit of the faid fuitors, and (hall be iffued and iffuable, from and by the faid bank, for the like benefit of the faid fuitors, as the faid court of chancery shall likewife direct.

A book to be kept in the bank, of the monies bor. rowed.

XVI. And be it further enacted by the authority aforefaid, That there fhall be provided and kept in the bank of England, one or more book or books, in which an account of the monies. that shall be borrowed upon the credit of this act shall be fairly and orderly entred and regiftred, containing and expreffing the feveral fums fo borrowed, and the times when they were refpectively advanced, together with the names of the perfons, bodies politick or corporate, lending or advancing the fame; and that all and every perfon or perfons, bodies politick or corporate, who shall 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 cashier or cashiers 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 such principal fum, and to be payable by half-yearly payments, until the repayment of his, her, or their principal money; and that fuch orders for repayment shall be registred in a book to be kept for that purpofe with fuch perfon or perfons, as the court of chancery fhall direct, in due courfe of Monies to be time, according to the date of the faid orders refpectively; and paid in course. that all and every person and perfons, bodies politick or corporate, shall be paid in course, according as their orders fhall

ftand

stand registred in the faid book or books, so as that the person,
bodies politick or corporate, his, her, or their executors, admini-
ftrators, fucceffors or affigns, who shall have his, her, or their or-
der or orders first entred in the said book, shall be taken and
accounted as the first to be paid out of the monies to arife or
come by virtue of this act; and he, she, or they, who shall have
his, her, or their order or orders next entred, shall be taken and
accounted to be the fecond to be paid, and so successively and in
course; and that the monies to arife or come in by this act shall
be in the fame order liable to the fatisfaction of the faid refpec-
tive parties, their executors, adminiftrators, fucceffors, or affigns
fucceffively, without any undue preference one before another,
and not to be divertible or diverted to any other ufe, intent or
purpose whatsoever; and that no fee, reward or gratuity, di-
rectly or indirectly be demanded or taken of any perfon or per-
fons whatsoever, for providing or making any fuch books, re-
gisters or entries, or for any view or fearch of the same, 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 da-
mages to the party grieved by the party offending, with cofts
of fuit; or if the officer himself take or demand any fuch fee or
reward, then to lose his place alfo and if any undue preference No undue pre-
fhall be made, either in point of regiftry or payment, contrary ference.,
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 case, to pay the value of the debt, damages and costs to the
party grieved, and fhall be forejudged from his place or office :
and if fuch preference be unduly made by any his deputy or
clerk, without the direction or privity of his mafter, then fuch
deputy or clerk only fhall be liable to fuch like action, debt,
damages and cofts as aforesaid, and shall be for ever after in-
capable of his place or office; all which faid penalties, for-
feitures, damages and cofts, to be forfeited and incurred by any
of the last mentioned officers or any of their deputies or clerks,
fhall and may be recovered by action of debt, bill, plaint or in-
formation in any of his Majefty's courts of record at Westminster,
wherein no effoin, protection, privilege, wager of law, injunc-
tion or order of restraint shall be in any ways granted or al-
lowed.

What shall be

XVII. Provided always, and it is hereby enacted, That if it happen that several orders for payment as aforefaid, bear date interpreted no or be brought the fame day to the officer to be regiftred, then undue prefeit fhall be interpreted no undue preference which of thofe he rence. enters first, so as he enters them all the same day.

XVIII. Provided alfo, that it fhall not be interpreted to incur any penalty, in point of payment, 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

A a 2

orders,

...

2