No undue ference. pre shall be first registred, shall be accounted the person or perfons to be first paid, and fo fucceffively in courfe; and that the faid furplus, excess or overplus monies fhall be in the same order liable to the fatisfaction of the faid refpective perfons, their executors, administrators or affigns fucceffively, without undue preference of one before another, and not otherwife, and fhall not be diverted or divertible to any other ufe, intent or purpose whatsoever; and that no fee, reward or gratuity, directly or indirectly, be demanded or taken, for providing or making any fuch books or regifters, or any entries, views or fearch, 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 aggrieved, by the party offending, with full cofts of fuit; or if the officer himself take or demand any fuch fee or reward, then to forfeit his place alfo; and if any undue preference of one before another fhall be made in point of regiftry 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 costs of fuit to the party aggrieved, 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 fhall be liable to fuch action, debt, damages and costs, and fhall be for ever incapable of his place or office; and in cafe the auditor of the receipt fhall not direct, or the clerk of the pells record, or the tellers make payment, according to each person's due place or order as before directed, then he or they thall be adjudged to forfeit, and the refpective deputies. or clerks therein offending to be liable to fuch action, debt, damages and costs in fuch manner as aforefaid; all which faid penalties, forfeitures, damages and cofts to be incurred by any of the officers of the exchequer, or any their deputies or clerks, thall 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 effoin, protection, privilege, wager of law, injunction or order of restraint, fhall be in any wife granted or allowed. Tallies dated the fame day no undue preference. Nor if fubfequent orThis debt is re- ders be paid before such as were not demanded in course. Orders affigndeemed. able. Treasury may iffue new exchequer-bills at 2d. per cent. per diem. 1 Geo. 2. c. 8. Intereft faved on bills in the exchequer, or in the receivers hands. The bills to be registred arithmetically, and paid in courfe. Treasury to direct the course of payment for loans or exchequer-bills, and to appoint cheques, &c. The bills fhall be placed as cash in the exchequer. These bills fhall be fubject to the rules in the land-tax 13 Geo. 1. c. 1. The loans and exchequer-bills charged on the furplus monies to arife from Michaelmas 1726, on the duties on coals. Treafury on Michaelmas yearly to take an account of the furpluffes of the preceding year. If there be more than will pay intereft, &c. principal to be paid off so far as it will extend. Deficiency to be made good out of the firft fupplies, or out of the finking fund. Monies iffued out of the finking fund to be replaced there. If the whole 370,000l. be not raised by Michaelmas 1727, the furpluffes in the exchequer may be iffued as part of the fum, &c. EXP. XVII, Pro XVII. Provided alfo, and be it enacted by the authority aAfter paying forefaid, That from and after the paying off, cancelling and off thefe bills, discharging all the faid loans, exchequer-bills, intereft, Premium the furpluffes or rate and charges, and subject thereto, all the furplus, excefs fhall be refervor overplus monies to arife by, for or upon the said impofitions ed for the difposition of or duties on coals and culm, to be computed quarterly, as by parliament. the said act of the fifth year of his Majefty's reign is directed, Geo. 1. c. 9. shall from time to time be kept apart, and reserved for the difpofition of parliament, and fhall not be applied or difpofed to any ufe or purpose whatsoever, but by the authority of parliament, and according to fuch future act or acts of parliament as shall be made and paffed for the difpofition thereof. 5 XVIII. Provided always, That nothing in this act contained Not to alter fhall extend, or be conftrued to extend, in any manner to alter, the provifions made by the defeat, weaken or impeach the provifions made by the faid feve- acts 5 Geo. I. ral acts of the fifth and fixth years of his Majefty's reign, or c. 9. either of them, for the due payment of the said particular fund 6 Geo. 1. c. 4. of twenty one thousand pounds per annum, or any the principal fums to be raised thereby, or the intereft thereof, or of the faid annuity of seventeen thousand three hundred eighty four pounds four fhillings, fo as aforefaid due and payable to the South-Sea company for or in refpect of the faid fum of four hundred thirty four thousand fix hundred and five pounds fubfcribed into their capital stock, or the additional allowance for charges of management, or any other right or intereft which the faid South-Sea company, or any other perfon or perfons, body or bodies politick or corporate, claiming or to claim by, from or under them, have or ought to have out of the monies arifing by or for the faid impofitions or duties, by virtue of the before recited act of the fixth year of his Majesty's reign, but the fame shall for ever hereafter remain and continue in as full force, to all intents and purposes, as if this act had not been made; any thing herein before contained to the contrary thereof in any wife notwithstanding. stood to be re XIX. Provided alfo, and it is hereby further enacted by the when the duauthority aforesaid, That from and after payment and difcharge, ties on coals as well of all the loans and exchequer-bills to be created by this shall be underact, with all the intereft, Præmium, rate and charges thereon, deemed. as of all former or other fum or fums of money charged on the faid impofitions and duties on coals and culm, then and not till then the fame impofitions and duties fhall be understood to be redeemed by parliament, and fhall not be iffued, paid or applied to any use, intent or purpose whatsoever, but by authority of parliament; any provifion in any former or other act or acts of parliament to the contrary notwithstanding. The 370,000l. XX. And be it enacted by the authority aforefaid, That the faid fum of three hundred and feventy thousand pounds, to be appropriated raised in manner as aforefaid, fhall be appropriated and applied, for the fervice and is hereby appropriated for and towards the fame uses, intents of the year and purposes, that the fums of money already granted in this 1727. feffion of parliament, for the fupply or fervice of the year one thou thousand seven hundred and twenty feven, are appropriated or directed to be issued by an act of this present feffions of parliament for) continuing the duties on malt, mum, cyder and perry for the fervice of the year one thousand seven hundred and twenty feven) or by any other act or acts of this present feffions of parliament, and to and for none other ufe, intent or purpofe whatfoever. CAP. XXII. An act for enlarging the times for hearing and determining claims by the trustees for raifing money upon the estates of the late directors of the South-Sea company, and others; and for relief of the creditors of Robert Knight, efquire, late cashier of the faid company, and for relief of perfons who have entred claims for contingent debts and incumbrances; and for giving time to Ralph Gulfton, and other creditors of Edward Gibbon, efquire, to enter claims before the faid trustees, for a debt specified in the inventory of the faid Edward Gibbon; and for impowering the trustees to difmifs claims for want of profecution; and for applying the produce of the faid eftates for the benefit of the South-Sea company. WH HEREAS by an act of parliament made in the feventh year of his Majesty's reign, intituled, An act for raifing money upon the eftates of the late fub-governor, deputy governor, directors, cashier, deputy-cafhier, and accountant of the South-Sca company, and of John Aiflabie, efquire, and likewife of James Craggs fen. efquire, deceafed, towards making good the great lofs and damage fuftained by the faid company; and for difabling fuch of the faid perfons as are living to hold any office or place of truft under the crown, or to fit or vote in parliament for the future; and for other purposes in the faid act expreffed; it is amongst other things enacted, That all and every the caftles, honours, lordships, manors, meffuages, lands, tenements, rents, reverfions, fervices, remainders, poffeffions, royalties, franchises, jurifdictions and privileges whatsoever, and all appurtenances to them, every or any of them belonging or appertaining, and all rights of entry, rights of action, titles, conditions, uses, trufts, powers and aúthorities, and all leafes for life, lives or years, penfions, annuities, rent-charges aud hereditaments whatsoever, and of what nature or kind foever they be, and all and every the share and shares in the capital stock or flocks of any corporation, company or fociety whatsoever, and all monies due upon any account or accounts balanced or to be balanced, and all other debts and fecurities for debts, and all ready monies, jewels, plate, goods, merchandizes, perfonal eftate and effects whatfoever, and of what nature or kind foever, in Great Britain, Ireland, or elsewhere, which Sir John Fellowes, baronet, (late fub-governor) Charles Joye, efquire, (late deputy governor) and William Aftell, efquire, Sir Lambert Blackwell, baronet, Sir John John Blunt, baronet, Sir Robert Chaplin, baronet, Sir William Chapman, knight and baronet, Robert Chefter, efquire, Stephen Child, efquire, Peter Delaporte, efquire, Francis Eyles, efquire, James Edmondfon, efquire, Edward Gibbon, efquire, John Gore, efquire, Sir William Hammond, knight, Francis Hawes, efquire, Richard Horfey, efquire, Richard Houlditch, esquire, Sir Theodore Janffen, knight and baronet, Sir Jacob Jacobson, knight, Arthur Ingram, efquire, Sir John Lambert, baronet, Sir Harcourt Mafter, knight, William Morley, efquire, Ambrofe Page, efquire, colonel Hugh Raymond, Samuel Read, junior, efquire, Thomas Reynolds, efquire, Jacob Sawbridge, efquire, William Tillard, efquire, and John Turner, efquire, (late directors of the corporation of the governor and company of merchants of Great Britan trading to the South-Seas, and other parts of America, and for encouraging the fishery) and alfo Robert Knight, late treasurer or cashier, Robert Surman, late deputy-cashier, John Grigsby, late accountant to the faid corporation, and John Aiflabie, efquire, every or any of them, upon the first day of June anno domini one thousand feven hundred and twenty, or at any time or times afterwards, or which James Craggs the elder, deceased, or any person or persons in trust for him at the time of his death, was or were feifed or possessed of, or interested in, or entitled unto, in law or equity in their or any of their own rights, or to his or their own ufe or ufes, or in partnership with any others (except as in the faid act is excepted) were, by force and virtue of the faid act, vefted and fettled in Sir John Eyles, baronet, Sir Thomas Cross, baronet, John Rudge, efquire, Matthew Lant, efquire, Roger Hudfon, efquire, now Sir Roger Hudfon, knight, Edmund Halfey, efquire, John Lade, efquire, Gabriel Roberts, esquire, and Richard Hopkins, efquire, now Sir Richard Hopkins, knight, thereby nominated and appointed truflees for the ufes and purposes in the faid act expreffed of and concerning the fame, and the heirs, executors, adminiftrators and affigns of the fame trustees, from the reSpective times in the faid act named, to the intent the fame might be fold and difpofed of, or otherwife applied to and for the ufes and purpofes in the faid act expreffed concerning the fame, and that the clear monies arifing thereby fhould be appropriated to and for the use of the South-Sea company, in fuch manner as therein is expreffed: and it is thereby further enacted, That the entries of fuch claims, as by the 7 Geo.1. stat.1, faid act are directed, by or for any person or corporation in Great Bri- c. 28. tain, should or might be made at any time before the twenty fifth day of December one thousand seven hundred and twenty one, and by or for any person or perfons refiding or being beyond the feas, or out of Great Britain, should and might be made at any time before the twenty fifth day of March one thousand feven hundred and twenty two: and by the faid act it is further enacted, That the faid trustees, or any three or more of them, should and might inquire and inform themselves, by or upon the teftimony of witnesses upon oath, or by the examination of the perfons making fuch claims upon oath (all which oaths they, or any one or more of them, had power to administer) or by the infpection of any mortgages, bonds, bills, notes or other fecurities, or any accounts relating to the faid debts, or any of them so claimed, or by in infpection of any grants, gifts, fettlements, conveyances, transfers or affurances relating to the faid eftates, interefts or incumbrances fo claimed, or any of them, or by all or any of the faid ways and means, or otherwife, according to their difcretions, as foon as conveniently might be, touching all or any of the debts, eftates, interefts, or incumbrances fo claimed, and should make a report or reports in writing of their proceedings therein, with their opinions thereon, from time to time, to the court of directors of the faid South-Sea company for the time being; and if the faid court of directors for the time being Should be fatisfied in the justice of fuch claim or claims, or that any debt or fum of money ought to be paid thereon, or that the estate, intereft, or incumbrance fo claimed, or any part thereof, ought to be allowed, and should declare their fatisfaction therein, by any refolution or refolutions of that court; and if the party or parties, by or for whom fuch claim should be made, fhould likewife, in a book or books to be kept in the said trustees publick office for that purpose, declare in writing under his, her or their hands, his, her or their acquiefcence in fuch refolution or refolutions of the faid court of directors for the time being, touching his, her or their debt, estate, intereft, or incumbrance fo claimed, at any time or times before the first. day of August one thousand seven hundred and twenty two; then in all and every fuch cafe and cafes the faid trustees, or any three or more of them, should give warrant for the payment and discharge of every such debt or fum of money fo liquidated or adjusted, out of fuch monies as fhould come to the hands of the cashier of the faid South-Sea company for the time being, for the purposes in the faid att expressed: and it was by the faid act further enacted, That the justices of the courts of King's bench and common pleas, and barons of the coif of the exchequer for the time being, or any three or more of them, fitting at the fame time and place, and not otherwife, fhould, and they were thereby authorized, from time to time, to hear and determine all differences, difputes and controverfies touching or concerning any debts, eftates, interefts, or incumbrances, which should be claimed within the respective times therein before limited for making fuch claims, and could not or should not be liquidated or adjusted between the faid court of directors for the time being, and the reffective claimants within the time before limited in that behalf, and all incidents relating thereunto, in fuch manner, as by the faid act is directed and by the faid act it is further enacted, That the faid juftices and barons, or any three or more of them, upon a complaint to be made by or for any claimant of any fuch debt, eftate, intereft, or incumbrance, whofe claims should not be liquidated or adjusted as aforesaid, (fo as fuch complaint be made on or before the twenty fifth day of December one thousand feven hundred and twenty two) should proceed in fuch manner as by the faid act is directed; and the faid juftices and barons, or any three or more of them, in all cafes where they should find that any debt or fum of money ought to be paid to fuch claimant upon fuch claims, or that the eftate, intereft, or incumbrance fo claimed, or any part thereof ought to be allowed, fhould and might, at any time or times before the twenty fifth day of March one thousand seven hundred and twenty three, tranfmit a certificate or certificates thereof to the faid trustees in the |