fuch bills.

[1721. required) for tors in Great Britain, of the customs, excife, or any revenue, aid, tax or supply whatsoever already granted, due or payable, or which fhall or may hereafter be granted, due or payable to his Majefty, his heirs or fucceffors, fhall, and they are hereby directed and required, out of any current coined money as fhall then be in his or their hands, of such revenue, aid, tax or fupply, to pay fuch of the fame bills as fhall be brought to them refpectively, by any perfon or perfons defiring to have money for the fame; and in cafe any fuch receiver or collector shall refuse or neglect to exchange fuch bill or bills for ready money, by the space of twenty four hours, then the perfon or perfons demanding the fame, fhall or may bring an action of debt, or on the cafe, for the principal and intereft-monies due upon fuch bill or bills, against fuch receiver or collector, having money in his hands as aforefaid, in which action the plaintiff fhall or may declare that fuch receiver or collector is indebted to fuch plaintiff in the money demanded upon every fuch bill, according to the form of the ftatute, and hath not paid the fame, which fhall be fufficient; and the plaintiff in every such action shall recover againft the receiver or collector, not only the monies fo refufed or neglected to be paid, but also his full costs of fuit, and fuch receiver or collector fhall be fubject and liable thereunto, and in such action no effoin, protection, privilege or wager of law fhall be allowed, or more than one imparlance; and upon payment of the monies fo to be recovered, the plaintiff, his executors or affigns, shall deliver up such bills to the defendant, his executors or affigns.

On refufal plaintiff may recover, with full costs of fuit.

Upon paypot Peloan of bills into

the exchequer, tallies to

XII. And be it further enacted, That as any of the faid bills fhall, at any time or times hereafter, within the respective times during which they shall be jointly or severally current, purfuant to this or any former act, be paid or lent into the exchequer by any of his Majefty's receivers, or other perfon or perbe delivered, fons, bodies politick or corporate, making any payments or loans at that receipt, the officers there fhall caufe tallies to be levied and delivered to the payers or lenders, as amply and effectually to all intents and purpofes, as if they had made fuch payments or loans in fpecie.

&c.

XIII. And be it enacted by the authority aforefaid, That the Intereft to be allowed, till interest which fhall from time to time be due upon any of the payment, &c. bills fo to be current, as aforefaid, fhall be allowed to all perfons, bodies politick or corporate, paying the fame to any receiver or collector receivers or collectors of any his Majesty's revenues, aids, taxes or fupplies, or by way of exchange as aforefaid, or paying or lending the fame into the exchequer as aforcfaid, to the refpective days whereupon fuch bill or bills fhall be fo paid, exchanged or lent; provided always, That no interest fhall run or be paid upon or for any fuch bill or bills, during the time that any fuch bill or bills fo paid, exchanged or lent, shall remain in the hands of any the said receivers or collectors, or in the hands of any teller or tellers of the exchequer, but for fuch time the intereft on every fuch bill fhall cease.

When to cease.

XIV. And

to fubfcribe their names

XIV. And to the end it may be known for what time fuch bills Lenders, &c. bearing intereft, fhall from time to time remain in the hands of fuch receivers or collectors, or in the exchequer aforefaid; be it further and write on enacted by the authority aforefaid, That the perfon or perfons the bills the who shall pay any fuch bill or bills bearing intereft, to any re- time of loan ceiver or collector of any of his Majefty's revenues, aids, taxes or payment. or supplies, by way of exchange, or otherwise, or shall pay or lend fuch bill or bills fo bearing intereft, into the exchequer as aforefaid, shall at the time of making fuch payment, exchange or loan, on each bill bearing intereft, and fo paid, exchanged or lent, put his or their name or names, and write thereupon in words at length, the day of the month and year, in which he, fhe or they fo paid, lent or exchanged fuch bill or bills bearing interest, all which the faid receivers and collectors refpectively, and also the respective tellers in the exchequer, thall take care to fee done and performed accordingly, to which respective days the said receivers and collectors fhall be allowed again the Receivers, &c. interest which he, fhe or they shall have allowed or paid upon to be allowed fuch respective bill or bills, upon his or their paying the fame interest by into the receipt of exchequer as aforefaid.

them paid, &c

XV. Provided also, and be it further enacted by the authoriBills may be ty aforesaid, That the faid bills, or any of them, may be re- re-iffued, &c. iífued and paid again out of his Majesty's exchequer, and when the fame fhall be re-iffued or paid again out of his Majefty's exchequer, the respective teller there, from whofe office fuch bill Tellers to inor hills bearing interest shall be so re-iffued, or again paid out, &c. when redorfe the days, shall indorfe on the fame bill and bills fo re-iffued, in words at iffued, and on length, the day of the month and year, in which the fame were what account fo re-iffued or repaid out of the exchequer, and alfo on what ac- received. count the fame were last received into the receipt of the exchequer, and fign the fame, from which time the intereft of such bill or bills fo re-iffued or paid again, fhall revive, and fuch bill or bills fhall again run and pass at intereft, as the fame did before they were paid unto, or received by the said receivers or collectors, or before the fame were paid or lent into the exchequer as aforefaid.

Intereft when

to revive.

XVI. And it is hereby enacted, That the fame bills to be re- Bills re-iffued iffued from time to time, or at any time, at the exchequer as a- at exchequer, foresaid, shall be so re-iffued for the principal money to be con- fhall be fo retained therein, and for fo much intereft as was due thereon, and allowed by the teller at the respective time and times when intereit due, principal and fuch bill and bills were laft paid into the exchequer.

iffued for

&c.

monies receiv

XVII. And be it enacted, That every receiver general of any Receivers to the revenues, aids, taxes or fupplies, belonging or to belong to keep a fair his Majesty, his heirs or fucceffors, fhall keep a fair book or book of acbooks of accounts in writing of all the monies by him received, counts, of in which he or his deputy or deputies fhall truly enter all the fums which shall have been received by him or them for every fuch revenue, aid, tax or fupply, together with the names of the feveral collectors from whom the fame, or any part thereof was received, the days when, and the fums paid, how much thereof,

Ff 2

ed, &c,

Persons concerned, to

have free accefs to fuch

thereof in money, and how much thereof in fuch exchequerbills, and what exchequer-bills fhall have been exchanged by every fuch receiver general, pursuant to this act, to which accounts every person concerned fhall have free access at all feafonable times, without fee or charge; and the faid accounts. shall constantly lie open at one certain place, within the limits accounts with- of his receipt for that purpose; and if fuch receiver fhall neglect to keep fuch book or books, or to enter therein any fum or fums of money by him received and paid as aforefaid, by the fpace of three days after the receipt or payment of the same, or fhall refuse any perfon or perfons concerned to infpect fuch book or books without fee or reward as aforefaid, every fuch receiver, for every such offence, fhall forfeit the fum of one hundred pounds, to any perfon or perfons who fhall fue for the fame, to be recovered by action of debt, or upon the cafe, bill, fuit or information, in any of his Majefty's courts of record at Weftminster, wherein no effoin, protection, privilege or wager of law fhall be allowed, or more than one imparlance.

out fee, &c. Penalty on receiver neglecting or retufing, &c.

New bills to

be made forth in lieu of bills filled up or defaced, and to have like

currency, &c

Treasury may cause exchequer-bills, for

any fum not exceeding 5000l. each,

to be made

forth in lieu of principal for bills of less

XVIII. Provided always, and it is hereby enacted by the authority aforefaid, That in cafe any of the exchequer-bills, which fhall be current as aforefaid, shall be filled up by writing or endorsements made thereon as aforefaid, or fhall by any accident be defaced, it fhall and may be lawful for the commiffioners of the treafury, or any three or more of them, or the high treafurer for the time being, and he or they are hereby authorized and impowered, by their or his difcretion, from time to time, to caufe new bills to be made forth at the receipt of exchequer, in lieu of fuch bills which shall be so filled up or defaced, which bills fo filled up or defaced, fhall be cancelled at the receipt of exchequer, and kept there on a file or files for that purpose; and fuch bills so to be made forth in lieu thereof, fhall have a like currency, and fhall in all respects be fubject to the fame rules, methods and continuance, as the bills fo filled up were intended to have been by this or any other act, and fhall bear the fame numbers, dates, and principal fums, and carry the like interest, as were born and carried by the bills fo cancelled respectively.

XIX. And it is hereby enacted, That for the greater eafe and difpatch of publick business at the exchequer, it fhall and may be lawful to and for the commiffioners of the treafury, or any three or more of them, or the high treasurer for the time being, and he or they are hereby authorized and enabled in case he or they fhall fo think fit, to caufe exchequer bills, for any large fums not exceeding five thousand pounds each, to be made forth at the receipt of exchequer, and to be placed as cafh in the faid receipt, in lieu of the like value of the principal contained in the faid exchequer-bills made forth for leffer fums, which at the time of making such large bills fhall happen to be in the faid receipt, which fhall be at the fame time cancelled and currency, &c. discharged, and be kept there on a file for that purpose; and as if originally fuch new bills for fuch large fums fhall or may be issued at illued. the faid receipt, and have the fame currency, and be in all re

value in the exchequer, &c.

Such new bills

to have like

fpects

spects fubject to the fame rules, methods, continuance, and carry the like interest, and have the fame fecurity, benefits and advantages, and the fame pains of death, and other pains, penalties and forfeitures, for any crime or offence relating thereunto, shall be inflicted, incurred, and put in execution, as if they had been originally iffued by virtue of this or any other act for the faid leffer bills; any thing herein contained to the contrary notwithstanding.

XX. And it is hereby enacted by the authority aforefaid, Forging fuch That if any perfon or perfons fhall forge or counterfeit any ex- bills, &c. felony. chequer-bill, made forth by virtue of this or any other act of parliament, before the fame fhall be paid off and cancelled, or any exchequer-bill to be renewed, or made forth in pursuance of this act, or any indorsement or writing thereupon or therein, or tender in payment any fuch forged or counterfeit bill, or any exchequer-bill, with fuch counterfeit endorsement or writing thereon, or shall demand to have fuch counterfeit bill or any fuch exchequer-bill, with fuch counterfeit endorsement or writing thereupon or therein, exchanged for ready money by any person or persons, body or bodies politick or corporate, who fhall be obliged or required to exchange the fame, or by any other perfon or persons whatsoever, knowing the bili fo tendered in payment or demanded to be exchanged, or the endorsement or writing thereupon or therein, to be forged or counterfeit, and with intent to defraud his Majefty, his heirs or fucceffors, or the persons to be appointed to circulate or exchange the fame or any of them, or any other perfon or perfons, body or bodies politick or corporate, then every fuch perfon or perfons fo offending, being thereof lawfully convicted, fhall be adjudged a felon, and thall fuffer as in cases of felony without benefit of clergy.

Undertakers

XXI. And it is hereby further enacted, That the undertakers for circulating the said bills or fuch of them as fhall be current, fhall, for circulating from time to time, have the use and cuftody of one part of all bills to have the cheques, indents or counterfoils, of all the exchequer-bills cuftody of to be circulated or exchanged by them, from which the faid cheques, &c. bills are or shall be cut, in order to prevent their being impofed upon by counterfeit or forged bills, and that fuch parts of the faid cheques, indents or counterfoils fhall be delivered back to be deliverinto the exchequer by fuch undertakers, when the fame bills are ed into exto be cancelled and difcharged. chequer when bills are to be

XXII. Provided always, and it is hereby enacted, That as cancelled. often as any intereft upon the exchequer-bills, made forth or to Interest upon be made forth by virtue of this or any former act or acts of par- bills remainliament, and remaining undischarged, fhall be demanded to be ing undif paid by any undertakers for circulating or exchanging the fame, charged not for the time being, they fhall not be obliged to pay for fuch in- paid to leffer terest any leffer fum than one penny upon fuch bill, in cafe a fum than one fingle bill be produced for payment; or for the total of the intereft of fuch bills, where two or more fhall be offered at one time by the fame perfon; any thing herein contained to the contrary notwithstanding. XXIII. And

Ff 3

penny, &c.

Principal of one million

lent to South

XXIII. And to the end all the exchequer-bills, not exceeding one million, by this act authorized to be made forth, for or towards his Sea company, Majesty's fupply as aforefaid, may effectually be paid off, discharged to be a fund and cancelled, on or before the faid feventh day of June one thousand for difcharg- feven hundred and twenty three; it is hereby further provided and ing fums con-enacted by the authority aforefaid, That the faid principal fum tained in bills, of one million owing by the faid South-Sea company for fo much

&c.

Intereft due upon bills to be fupplied out of finking

fund.

After repay ment by South-Sca, bills to be cancelled.

Publick notice in the Gazette, &c. to be given when bills

lent to them as aforesaid, is and shall be a fund and fecurity for paying off, discharging and cancelling the principal fums, not exceeding one million, which fhall be contained in the bills to be made forth by virtue of this act; and that fo much as fhall then be due or unpaid for interest upon the said bills to be made forth by virtue of this act (if any fuch intereft shall be then due or unpaid) fhall be fupplied and made good out of the monies then arifen or to arife, of or for the faid fund, called the finking fund; and that the commiffioners of the treasury, or any three or more of them, or the high treasurer for the time being, as foon as conveniently may be, after the repayment of the faid fum of one million by the faid South-Sea company into the exchequer, fhall, out of that money, and out of the monies of the faid finking fund as aforefaid, cause all the bills which fhall have been made forth by virtue of this act, for the said fum not exceeding one million, and the intereft remaining due thereupon (if any fuch intereft fhall be then due and unpaid) to be paid off, difcharged and cancelled accordingly; and for that end and purpose fhall, by publick notice in writing, to be affixed upon the Royal Exchange in London, and published in the London Gazette, prefix a certain day, by or before which all the said bills, not exceeding one million, which fhall have been made forth by virtue of this act, and be then standing out, fhall be brought in and delivered to fuch perfon or perfons as the commiffioners of the treasury, or any three or more of them, or the high treasurer for the time being, fhall appoint to receive the fame at or near the exchequer, to be paid off, discharged and cancelled accordingly; and if any of the faid bills which shall have been made forth pursuant to this act, for the faid fums not exceeding one million, shall then be in the office or offices of any teller or tellers of the exchequer as cash, the said commiffioners of the treasury, or the high treasurer for the time being, fhall cause so much of the money so repaid, to be placed in the exchequer instead of such bills, upon the account or accounts of fuch teller or tellers refpectively; and that all fuch of the faid brought in by bills, not exceeding one million, to be made forth by this act, time prefixt, as fhall not be brought in upon fuch notice as is last mentioned, &c. to lofe their currento be paid off, discharged and cancelled as aforefaid, within the cy, &c. time or times therein to be prefixed, fhall lose their currency, and no interest shall grow due thereupon, after the time prefixed by fuch notice.

ftanding out, shall be deli

vered to be cancelled.

Bills not

XXIV. Provided always, That in cafe proof shall be made upon oath of one or more credible witneffes, before the lord chief baron, and other the barons of the coif of his Majefty's

court