In Proceedings aai Oligos,

no Writ of Scire Facias requifite.

A.D.1811. Cashiers of the Bank of England, towards fatisfying the Sum or Sums directed by fuch Commiffioners to be raised thereby; and the Refidue thereof fhall be referved at the faid Bank of England, and carried to the Account of future Payments to be made by fuch Defaulter or Defaulters, if any fhall remain to be made; and the Overplus (if any be after fatisfying all Sums advanced on fuch Wares or Merchandize, with the Intereft, Cofts and Charges as aforefaid) fhall be paid to fuch Defaulter or Defaulters, or fuch other Perfon or Perfons as fhall appear to fuch Commiffioners to be entitled to the fame, or fuch Perfon or Perfons as he or they fhall refpectively appoint to receive the fame; and further, that in cafe any fuch Default fhall be made, and no Wares or Merchandize fhall be depofited with the faid Commiffioners, or that the fame fhall be found or fhall become infufficient in Value to fatisfy the whole of the Demand from fuch Defaulter or Defaulters, it fhall alfo be lawful for the faid Commiffioners, and they are hereby required, without further Delay, to issue their Warrant or Warrants from time to time to the proper Officer or Officers of the Crown having the Direction or Management of Proceedings upon Obligations to His Majefty,. requiring fuch Officer or Officers prefently to proceed against all or any of the Perfons who fhall have entered into any Security for the Sum advanced, his, her and their Heirs, Executors and Adminiftrators, for the Recovery of fuch Parts of the Sums advanced on fuch Securities as fhall be then due, together with Interest as aforefaid; and fuch Cofts and Charges attending fuch Proceeding as fhall be by Law payable for the fame, the Amount of which Principal Sums fo to be levied, the said Commiffioners fhall caufe from time to time to be teflified by their Note in Writing under the Hands of any Two or more of them to fuch Officer or Officers, and which Sum fhall be inferted in the Writ of Procefs, and the like Procefs fhall and may from time to time iffue as aforefaid, as Occafion fhall require; and the Sums fo recovered (the Cofts and Charges aforefaid excepted) fhall be paid to the faid Cafhier or Cashiers of the Bank of England, without Abatement, Deduction or Delay, in Satisfaction of fuch Demands; and it fhall be in the Difcretion of the faid Commiffioners to direct against which of the Obligors in fuch Security fuch Proceedings fhall be from time to time commenced or profecuted; and the faid Commiffioners fhall have the Controul and Superintendance of fuch Profecutions, and the fame fhall not be difcontinued, quafhed or abated upon any Pietence whatever, without the Authority of the faid Commiffioners, teftified under the Hands and Seals of any Two or more of them, and exhibited to the Barons of His Majefty's Court of Exchequer at Westminfler, or to the Court of Exchequer in Scotland, as the Cafe may require.

XXXVIII. Provided always, and be it further enacted, That where any Proceeding fhall be directed by the faid Commiffioners as aforefaid, against any of the Obligors or Obligor named in any fuch Obligation, no Writ or Writs of Scire Facias fhall be required to be iffued; but that upon the Production of the Warrant or Warrants of the faid Commiffioners as before mentioned, before any of the Barons of the faid refpective Courts of Exchequer; and in cafe any fuch intended Proceeding fhall be against any Sureties or Surety, then upon Proof of Notice having been ferved upon fuch Party or Parties, or left at his or their ufual Place or Places of

Abode

Abode refpectively, Ten Days at least before fuch Application fhall be made to fuch Baron, an Extent fhall and may iffue in the firft Process upon the Fiat of fuch Baron, without any Affidavit or other Verification or Proof of the Caufe of fuch Proceeding than fuch Warrant or Warrants as aforefaid.

tions cancelled.

XXXIX, And be it further enacted, That after the due Pay- After Payment ment of the Sums advanced with Intereft as aforefaid at the Times of Sums adand in the Manner herein specified, every fuch Obligation entered vanced, with into in pursuance of this Act, being fully fatisfied according to Intereft, Obligathe true Intent and Meaning of this Act, fhall be forthwith delivered up to be cancelled; and in cafe any fuch Obligation fhall have been profecuted according to the Directions of this Act, the faid Commiffioners, or any Two or more of them, fhall by their Warrant or Warrants direct the proper Officer or Officers of the faid refpective Courts of Exchequer, to enter up Satisfaction on fuch Obligation or Obligations, fo being fatisfied as aforefaid, upon the Record or otherwife, to deliver up the fame to be cancelled, as the Cafe may require.

XL. Provided always, and be it further enacted, That the Pay- How Inftalments ment of any of the Instalments of the Sums advanced by virtue of paid. this Act, may be made either in Money, or in any of the Exchequer Bills to be iffued by virtue of this Act, which fhall have become due at the Time of fuch Payment, or which fhall be payable at a Period not later than Fifteen Days next after the Day appointed by this Act for the Payment of fuch Inftalment, in Difcharge of which fuch Exchequer Bills fhall be paid.

XLI. And whereas the Parties to whom Exchequer Bills may be iffued by virtue of this Act, may not have Occafion to make ufe of all their Bills: Be it further enacted, That fuch Exchequer Bills as may be tendered in Payment or Part of Payment of any of the Sums advanced by virtue of this Act, fhall be returned to the Office at the Exchequer from which they were iffued, and forthwith cancelled by the proper Officer or Officers by whom the faid Bills were iffued, he or they giving a Certificate to the Person returning such Exchequer Bills, for the Information of the Commiffioners for carrying this Act into Execution.

Bills iffued and

not uted re

turned to Exchequer, and cancelled.

Commissioners
may authorize
Monies paid, in
Purchate of
Exchequer Bills,

Bank to employ

XLII. Provided alfo, and be it further enacted, That it fhall be lawful for the faid Commiffioners appointed by this Act, by Writing under the Hands and Seals of any Seven or more of them, to authorize the Cashier or Cafhiers of the Bank of England, to employ any Monies which fhall be paid as aforefaid, in the Purchase of any Exchequer Bills which fhall be payable at the Period then next enfuing, and fhall write thereon in Words at Length, the Day of the Month and Year in which he or they so purchased fuch Bills; to which respective Days the faid Cafhier or Cafhiers fhall be allowed the Intereft, upon his or their paying the fame into the Receipt of Exchequer as aforefaid: Provided that no Intereft fhall run or be paid Proviso. upon or for any fuch Bills during the Time they fhall remain in the Hands of fuch Cafhier or Cafhiers,, but for fuch Time the Interest on every fuch Bill fhall ceafe.

XLIII. And be it further enacted, That every Obligation with After Payment any Sureties or Surety to be taken according to this Act, after Pay- of Sums adment or Recovery thereupon by the faid Commiffioners of the Sums Vanced by Comadvanced or lent, with all Interefts and Cofts, in the Manner re- gations with

miffioners, Obliquired Sureties to fland

rities.

as further Secu- quired by this Act, fhall ftand and remain as a further Security for the Purpofes and in the Manner hereinafter mentioned; that is to fay, if any Surety or Sureties upon fuch Obligation, his, her or their Executors or Adminiftrators, fhall have paid or fatisfied any Part of fuch Sums, Intereft or Colts, then fuch Obligation, as againft the principal Obligor or Obligors, his or their Heirs, Executors or Administrators, hall ftand as a Security as aforefaid for the Re-imbursement of fuch Sureties respectively, their Executors or Adminiftrators, of the whole of the Sums fo paid or fatisfied; and so from Time to Time until fuch Re-imbursement fhall be fully made, according to the Intent of this Act; and if any fuch Sureties or Surety, their or his Executors or Adminiftrators, fhall have paid or fatisfied a Sum which fhall bear a greater Proportion to the whole of the Sums recovered upon fuch Obligation than the Sum for which fuch Surety refpectively fhall have been bound, fhall bear to the total Amount of the feveral Sums of Money for which all the feveral Sureties fhall have been bound by fuch Obligation, then fuch Obligation, as against each and every of the Sureties who fhall not have paid or fatisfied an equal Proportion of the whole Sum recovered, according to the Sum for which he shall have been refpectively bound, their and every of their Heirs, Executors and Adminiftrators relpectively, fhall ftand as a Security for the Benefit of fuch Sureties or Surety, their Executors or Adminiftrators refpectively, who fhall have paid or fatisfied any fuch Sums as aforefaid, for the Purpose of enforcing a Contribution amongft fuch Sureties in an equal Proportion to the feveral Sums for which they fhall have been refpectively bound; and fo from time to time until fuch Contribution shall be fully made according to the Intent of this Act; and that in every fuch Cafe, upon the Application of any Sureties or Surety to the faid Commiffioners for any of the Purposes aforefaid, the faid Commiffioners fhall cause the respective Claims of fuch Sureties or Surety refpectively, and the Sums to be recovered from fuch Principals or Sureties refpectively, their and every of their Heirs, Executors or Adminiftrators, to be adjusted and fettled as herein is mentioned, fo that the whole Sum recovered fhall be diftributed in an equal Proportion, according to the Sums for which each Surety respectively thall have been bound in the fame Obligation, and fo from time to time as the Cafe fhall require; and thereupon the faid Commiffioners, or any Seven or more of them, by Warrant or Warrants in Writing under their Hands, fhall from time to time direct Procefs to iffue for the Recovery of fuch Sums as they fhall have fo adjutted and fettled, to be refpectively recovered from and paid to fuch Perfons refpectively, as they fhall fpecify in fuch Warrant or Warrants, under and fubject to the feveral Regulations ard Directions in this Act contained as aforefaid.

XLIV. And be it further enacted; That fuch Process as aforefaid fhall and may lawfully iffue on any fuch Obligation as aforefaid, against any fuch Principals or Principal, their or his Heirs, Executors or Administrators, for the Benefit of any fuch Sureties or Surety, their or his Executors or Adminiftrators, and against any fuch Suretics or Surety, their or his Heirs, Executors or Adminiftrators as afore. faid, for the Benefit of any Co-fureties or Co-furety, their or his Executors or Adminiftrators, notwithstanding the whole Sum which fhall have been advanced to fuch Principals or Principal fhall have been

6

been repaid; and in cafe any Sureties or Surety fhall become bound by diftinct Obligations or Obligation for the fame Perfons or Perfon, and for and on account of the fame Advancement, all and every the Provifions aforefaid fhall be applied in like Manner, as well for the Benefit of as against fuch Sureties or Surety and against fuch Principals or Principal, as if all fuch Sureties and Principals refpectively were named in the fame Obligation.

XLV. And be it further enacted, That if any Perfon, as Surety, In what cafe fhall give any fuch additional Security as in this Act is mentioned, Surety intitled to Remedy over and above fuch Obligation or other Security, for any Loan as against original is required by this Act, and if any Payment fhall be made of any Debtor and Co Part of fuch Loan, in confequence of fuch additional Security being Sureties. fe given, and in Difcharge thereof, every fuch Payment fhall be deemed and taken to be made under the Obligation entered into by fuch Surety, and in Difcharge, or in Part Discharge thereof, for the Purpose of entitling fuch Surety, his Executors or Administrators, and fuch Payment fhall entitle fuch Surety, his Executors and Adminiftrators refpectively, to the like Remedy from the principal Debtor or Debtors in the said Loan, his or their Heirs, Executors or Adminiftrators, for the Re-imbursement of the Sums fo paid or fatisfied, and from the Co-fureties in the faid Loan, for the like Contribution as if fuch Payment or Satisfaction had actually been made upon the Obligation entered into by fuch Surety; and if any Perfon, not being a Party to any Obligation entered into by virtue of this A&t, fhall give fuch further Security for any Loan as in this A& is particularly mentioned; and any Payment or Satisfaction of fuch Loan or any Part thereof, fhall be made in confequence of fuch further Security being fo given; and in Difcharge thereof, every fuch Payment or Satisfaction fhall entitle the Party making the fame, his Executors or Administrators, to the like Remedy from the principal Debtor or Debtors in the faid Loan, his or their Heirs, Executors or Administrators, for the Re-imbursement of the Sums fo paid or fatisfied, as if fuch Perfon had entered into an Obligation as Surety, and fuch Payment had been made thereupon; and that in every Cafe of fuch Payment upon or in confequence of fuch additional Security, as well the Obligation or Obligations of fuch principal Debtor or Debtors entered into by virtue of this Act, as all and every the additional Securities which may have been given by fuch principal Debtor or Debtors by virtue of this Act, fhall feverally and refpectively ftand and remain as Securities for the Purpofe of fuch: Reimbursement, in the Manner directed by this Act, in Cafes of Payment by Sureties upon Obligations, and until the whole of the Suns fo paid or fatisfied fhall be fully re-imbursed; and that fuch Proceedings fhall be had upon any additional Securities given by fuch principal Debtor or Debtors, for the Recovery of the Sums fo paid, for the Benefit of the refpective Parties making fuch Payments, their Executors or Adminiftrators, as might lawfully have been had for the Recovery of the Sums due and payable to the said Commiffioners, notwithstanding the faid Loan shall have been fully repaid to the faid Commiffioners.

shall have

XLVI. Provided always, and be it further enacted, That no fuch How far ExExchequer Procefs under the Warrant of the Commiflioners under chequer Process this A&t in Favour of any Sureties against their Principal, or against Priority over any Co-fureties, fhall have any Priority over any other Debts to other Debts, 51 GEO. III.

F

which

Deposits vefted in Commiffioners, who may fue and be fued in the Name of their Secretary.

Securities of

Perions becoming Bankrupts in England.

Proceedings.

In Scotland, &c.

A.D.1811. which fuch Process would be by Law entitled, unless the faid Procefs fhall iffue within Six Months after the Date of the last Instal ment, for which such Surety shall have given Security; any Thing in this Act or in any Law contained to the contrary notwithstanding.

XLVII. And be it further enacted, That all Wares and Merchandize depofited with the faid Commiffioners under the Authority and for the Purposes of this Act, fhall be for fuch Purposes vefted in the faid Commiffioners, by the Name of "The Commiffioners for "the flue of certain Exchequer Bills," and that the faid Commif, fioners fhall and may fue and be fued in the Name of their Secretary for the Time being; and that no Action or Suit in Law or Equity to be brought or commenced by or againft the faid Commiffioners, on account of this Act, in the Name of their Secretary for the Time being, fhall abate or be difcontinued by the Death or Removal of fuch Secretary, or by the Act of such Secretary, without the Confent of the faid Commiffioners, but the Secretary to the faid Commiffioners for the Time being fhall always be deemed the Plaintiff or Defendant in fuch Action or Suit, as the Cafe may be; and no Action or Suit fhall be brought against the said Commiffioners collectively or individually, or againft their Secretary, except in One of the faid Courts of Exchequer, and with the Leave of fuch Court firft had and obtained, and upon fuch Terms and Conditions as the faid Courts fhall direct.

XLVIII. And be it further enacted, That every Obligation or other Security entered into or given from and after the paffing of this A&t, by any Perfon or Perfons, either as Principal or Surety, who fhall afterwards become Bankrupt within the true Intent and Meaning of the feveral Statutes made and now in force concerning Bankrupts, and against whom a Commiffion of Bankrupt fhall be awarded, and iffued out in that Part of Great Britain called England, fhall by reafon and force of fuch Bankruptcy, and from the Time of fuch Bankruptcy become and be forfeited, and due and payable as against fuch Bankrupt or Bankrupts, and that all the Eftate and Effects of fuch Bankrupt or Bankrupts which would be liable to fatisfy the Demands of the Creditors feeking Relief under fuch Commiffion of Bankrupt, fhall be liable and fubject to, and are hereby made chargeable with the Payment of the Principal and Intereft due upon fuch Obligation or other Security, and all Cofts attending the Recovery of the fame; and that the Claims of the faid Commiffioners shall be first paid and fatisfied out of the Estate and Effects of fuch Bank. rupt or Bankrupts, and in Preference to the Claim of any other Creditor or Creditors; and it fhall be lawful for the faid Commif. fioners, in the Name of their Secretary for the Time being, to apply by Petition in a fummary Way to the proper Courts in England, having Jurifdiction of the Matters of fuch Commiffion of Bankruptcy, to make due Order accordingly; which fuch Courts refpectively are hereby authorized and required to make.

XLIX. And be it further enacted, That every Obligation or other Security entered into or given from and after the palling of this A&, by any Perfon or Perfons, either as Principal or Surety, who fhall afterwards become Bankrupt, and against whofe Eftate Sequeftration fhall be awarded in Scotland, fhall by reafon and force of fuch Bankruptcy, and from the Time of the Date of the firft Deliverance op

tha