Preamble,

One million

granted out of the Sinking

Fund.

CAP. XXXV.

An act to indemnify perfons who have omitted to register their letters of attorney, appointing them agents for prizes, within the time limited by law; and for allowing further time for that purpose. EXP.

Time given to x Aug. 1747•

CA P. XXXVI.

An act for granting to his Majefty a certain fum of money out of the finking fund, for the fervice of the year one thonfand feven hundred and forty feven; and also for enabling his Majefty to raise a further fum of money for the ufes and purposes therein mentioned, and for the further appropriating the fupplies granted in this feffion of parliament; and for applying a certain fum of money, for defraying the charge of the allowances to feveral officers and private gentlemen of the two troops of horse guards, and three regiments of horse, lately reduced, for the year one thousand feven hundred and forty feven, and for continuing the bounties on the exportation of British and Irish coarfe linens:

Moft gracious Sovereign,

WE

E your Majefty's moft dutiful and loyal fubjects the commons of Great Britain in parliament affembled, being defirous to raise the neceffary supplies which we have cheerfully granted to your Majesty in this feffion of parliament, for the fervice of the year one thousand seven hundred and forty feven, in the easiest manner we are able, for the benefit of your Majefty's fubjects, and alfo to ufe fuch ways and means therein, as that your Majefty may have the better and more speedy effect of the faid fupplies, have refolved to give and grant unto your Majesty the fum of one million, out of the furpluffes, exceffes, and overplus monies, commonly called The Sinking Fund: and to that end and purpose do most humbly befeech your Majefty that it may be enacted, and be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That by or out of fuch monies as now are, or fhall from time to time be and remain in the receipt of the exchequer, of the faid furpluffes, exceffes, or overplus monies, commonly called The Sinking Fund (after paying or referving fufficient to pay all such sum and fums of money as have been directed by any former act or acts of parliament to be paid out of the fame) there shall and may be iffued and applied, a fum not exceeding the said sum of one million, for and towards the fupply granted to his Majefty for the fervice of the faid year one thousand seven hundred and forty feven; and the commiffioners of his Majefty's treasury, three or more of them now being, or the high treasurer,

or any

or

or any three or more of the commiffioners of the treasury for the time being, are hereby authorized and impowered to iffue and apply the fame accordingly.

cent.

II. And it is hereby enacted by the authority aforefaid, That Clause of loan in cafe the faid commiffioners of his Majefty's treasury, or any at 41. per three or more of them now being, or the high treasurer, or any' three or more of the commiffioners of the treasury for the time being, fhall think it adviseable to raise the faid fum of one million, or any part thereof, by loans or exchequer bills, in manner herein after mentioned, that it fhall and may be lawful to and for any person or persons, natives or foreigners, bodies politick or corporate, to advance or lend to his Majefty, at the receipt of his Majesty's exchequer, any fum or fums of money not exceeding the faid fum of one million, upon the credit of the faid furpluffes, exceffes, or overplus monies, commonly called The Sinking Fund; and to have and receive for the forbearance of the money lent, interest after a rate not exceeding four pounds per centum per annum, so as fuch loans be allowed to be made by the faid commiffioners of the treasury, or any three or more of them now being, or the high treasurer, or any three or more of the commiffioners of the treasury for the time being, who are hereby authorized to iffue their warrants for that purpofe as faft as fuch loans fhall be wanted for the publick service; and moreover that no money so to be lent on the fecurity of this act shall be rated or affeffed to any tax or affeffinent whatfoever.

III. And be it further enacted, That all and every perfon Tallies and and perfons who fhall lend any money upon the credit of this orders for act as aforefaid, and pay the fame into the receipt of the exche- repayment. quer, fhall immediately have a tally or loan ftruck for the fame, and an order for his, her, or their repayment, bearing the fame date with his, her, or their tally, in or upon which order fhall be alfo contained a warrant for payment of interest for the forbearance thereof, not exceeding the faid rate of four pounds per centum per annum, and to be paid every three months, until the repayment of the principal; and all fuch orders for repayment Orders to be of money fo to be lent fhall be regiftred in courfe according to register'd, and the dates respectively; and that all and every perfon and per-paid in course, fons fhall be paid in course, according as their orders shall stand regiftred in the said register books, fo as the perfon or perfons, natives or foreigners, his, her, or their executors, adminiftrators, or affigns, who fhall have his, her, or their order or orders first entered in the faid books of register, fhall be taken and accounted to be the first perfon or perfons to be paid out of the faid furpluffes, exceffes, or overplus monies; and he, she, or they, who fhall have his, her, or their order or orders next entered, fhall be taken and accounted to be the fecond person to be paid, and fo fucceffively and in courfe; and that the monies to come in, of, or for the faid furpluffes, exceffes, or overplus monies, commonly called The Sinking Fund, as aforefaid, fhall be in the fame order liable to the fatisfaction of the faid refpec

No fee for registering, &c.

Penalty of undue prefer

ence.

tive perfons, and body or bodies politick or corporate, their executors, adminiftrators, fucceffors, or affigns refpectively, without undue without any undue preference of one before another, and not preference. otherwife; and shall not be diverted or divertible to any other ufe, intent, or purpose whatsoever (other than fuch ufes 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 aforefaid, by any 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 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 of one before another fhall be made either 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 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 fhall be liable to fuch action, debt, damages, and cofts, and fhall be for ever after incapable of his place or office; 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 teller make payment upon fuch order, according to each perfon's due place and order as before directed, then he or they fhall be adjudged to forfeit, and the refpective deputies and 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 the officers of the exchequer, 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 effoin, protection, privilege, wager of law, injunction, or order of reftraint, fhall be in any wife granted or allowed.

No undue IV. Provided always, and it is declared, That if it fhall happreference, where tallies pen that several tallies of loan or orders for payment as aforeare dated, &c. faid, bear date, or be brought the fame day to the auditor of the the fame day. receipt to be regiftred, then it fhall be interpreted no undue preference which of those be entered first, so as he enters them all the fame day.

Nor if fubfe

quent orders be paid before fuch as were not demand

ed.

V. Provided also, That it fhall not be interpreted any undue preference to incur any penalty in point of payment, if the auditor direct, and the clerk of the pells record, and the tellers do pay fubfequent orders to perfons that come and demand their monies, and bring their orders, before other perfons that did not come to take their monies, and bring their orders in course, fo as there be fo much money reserved as will fatisfy precedent

orders,

orders, which fhall not be otherwise disposed of, but kept for them; interest upon loan being to cease from the time the mo

ney is fo referved and kept in bank for them.

VI. And be it further enacted, That all and every person and Orders affign. perfons to whom any money fhall be due for loans to be regi- able toties quoftred by virtue of this act, after order entered in the book of ties. regiftry 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 or transfer his, her, or their right, title, intereft, and benefit of fuch order, or any part thereof to any other; which being notified in the office of the auditor of the receipt as aforefaid, and an entry or 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, administrators, 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 The affignnot be in the power of such person or perfons who have or hath ment not to be made fuch affignment, to make void, 'releafe, or difcharge the voided. 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 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 aforefaid, That in cafe the commiffioners

faid one mil

of his Majesty's treasury, or any three or more of them now Treasury may being, or the high treasurer, or any three or more of the com- make new exmiffioners of the treasury for the time being, fhall judge it more chequer bills adviseable to raise the faid fum of one million or any part there- for raifing the of, by exchequer bills, inftead of fuch loans as aforefaid, that lion, &c. 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 faid fum of one million, 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 Majefty by a land tax, 20 Geo.2. C. 2. for the service of the year one thousand seven hundred and forty seven) 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 aforesaid, The excheThat all and every the claufes, provifoes, powers, privileges, quer bills to advantages, penalties, forfeitures, and difabilities, contained in be fubject to the faid last-mentioned act relating to the loans or exchequer the fame regubills authorized to be made by the fame act, except fuch claufes lations. as do charge the fame on the aids, taxes, or affeffiments granted by the fame act, fhall be applied and extended to the exchequer bills to be made in purfuance of this act, as fully and effectually

to

to be repaid out of the

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

IX. And be it enacted by the authority aforefaid, That all finking fund. the exchequer bills as shall 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 thall be repaid and borne by or out of the growing produce of the faid furpluffes, exceffes, or overplus monjes, 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 fait as the fame can be regularly stated and afcertained, for and towards the paying off, cancelling, and discharging fuch exchequer bills, intereft, premium, rate, or charges, until the whole of them thall 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.

The further

fum of 500,000 1. granted to his Majelty;

to be raised by

loans or exchequer bills.

Regulations
concerning
the exchequer
bills.

X. And for the better enabling your Majesty to carry on the war with vigour, both by fea and land, and to make good fuch treaties as are or (hall be made with your Majefty's allies, your faid dutiful and loyal commons have alfo freely given and granted unto your Majesty the further fum of five hundred thoufand pounds, to be raised in manner herein after mentioned; be it therefore enacted by the authority aforefaid, That it fhall and may be lawful to and for the King's most excellent majesty, by warrant or warrants under his royal fign manual, to authorize and impower the commiffioners of his Majesty's treafury, now or for the time being, or any three or more of them, or the lord high treafurer for the time being, at any time or times before the twenty fifth day of December, one thoufand feven hundred and forty seven, to caufe or direct any loans to be taken or received at his Majefty's exchequer, from any perfon or perfons, natives or foreigners, body or bodies politick or corporate, or any number of exchequer bills to be made out there, for any fum or fums of money, not exceeding in loans and exchequer bills together, in the whole, the faid fum of five hundred thoufand pounds, in the fame or like manner, form, and order, and according to the fame or like rules and directions, as in and by the before mentioned act of this prefent feffion of parliament (for granting an aid to his Majefty by a land tax, for the service of the year one thoufand feven hundred and forty seven) are enacted and prescribed, concerning the loans or exchequer bills to be taken or made in purfuance of the faid act.

XI. And be it further enacted by the authority aforefaid, That all and every the claufes, provifoes, powers, privileges, advantages, penalties, forfeitures, and difabilities, contained in the faid laft mentioned act, relating to the loans or exchequer