10 C. 3. Anno tricesimo nono Georgii III. A.D. 1798.
ami to he replaced out of the first Supplies.
Deficiency of J.and Tax 37 Geo. 3. how to be supplied.
Recovery and
Application of Pena ties where <sued for in six Months.
If not sued for in that Time, to be recovered in the Name of the Attorney General* &c.
Limitation of Actions.
[General Issue.]
charged with the Interest due for the same, shall be, and are hereby charged and chargeable upon the Consolidated Fund (except such Monies of the said Consolidated Fund as are appropriated to any particular Use or Uses by any former Act or Acts of Parliament in that Behalf); and such Monies of the said Consolidated Fund shall and may be issued for supplying Money to the said Paymaster, for discharging the said unsatisfied Orders of Loan or Exchequer Bills in Course, as the said Commissioners of the Treasury, or the High Treasurer for the Time being, shall direct, until all the Principal and Interest which shall be or remain due upon the said Ciders of Loan or Exchequer Bills, or any of them, shall be fully cleared and paid off, or Money sufficient shall be reserved for that Purpose: And if at any Time or Times, before or after any Money of the said Rates, Duties, or Assessments hereby granted, shall be brought into the Exchequer as aforesaid, there shall happen to be a Want of Money for paying Interest which shall be actually incurred and grown due upon the said Orders of Loan or Exchequer Bills, or any of them, or for Payment of any Premium or Rate which shall be incurred or grown due by any Contract or Contracts to be made by virtue of this Act for exchanging the same Bills, that then and in every such Case, the Money so wanted shall and may be supplied out of the said Rates, Duties, and Assessments hereby granted, remaining in the said Receipt of the Exchequer as aforesaid, if there shall be sufficient of those Monies in the said Receipt, otherwise the same shall and may be supplied out of the Monies of the said Consolidated Fund, (except as before excepted,) and be issued accordingly.
XXXVIII. Provided always, and be it enacted, That whatever Monies shall be issued out of the said Consolidated Fund shall, from Time to Time, be replaced by and out of the first Supplies to be then after granted in Parliament; any Thing herein contained to the contrary notwithstanding.
XXXIX. And whereas several Orders of Loan or Exchequer- Bills made upon and in pursuance of an Act of Parliament of the thirty-seventh Year of the Reign of his present Majesty, (intituled, An Act for granting an Aid to his Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year one thousand JeV'en hundred and ninety -/even,) still remain unpaid, for Want of sufficient Money arising by the said Act being come into the Exchequer to answer and pay the same, and it is uncertain how much thereof the Monies arising by the said Act will be able to answer and discharge be it enacted, That if the Money arisen or to arise into the Exchequer, for or on Account of the said Aids, on or before the twenty-ninth Day of September, which will be in the Year of our Lord one thousand seven hundred and ninety-nine, shall not be sufficient to discharge the whole Principal and Interest due, or to grow due, on the several Orders of Loan or Exchequer Bills made upon or in pursuance of the said Act, that then so much Money as shall then appear to be deficient or wanting for answering the Purposes aforesaid, shall and may be supplied and made good out of any of the Monies arising into the Exchequer by or from the Loans or Exchequer Bills on this Act, or any other Monies or Loans that are or shall be appropriated for the Service of the Year one thousand seven hundred and ninety-nine, and the Commissioners of the Treasury, or any three or more of them, or the High Treasurer for the Time being, shall direct and apply the same accordingly; any Thing herein-before contained to the contrary notwithstanding.
XL. And be it further enacted, That all Penalties and Forfeitures hereby imposed shall, if sued for within six Calendar Months from the Time of such Penalties or Forfeitures being incurred, be to his Majesty, his Heirs and Successors, and the other Moiety thereof, with full Costs of Suit, to the Person or Persons who shall inform or fuc for the same within the Time aforesaid, and which shall and may be sued for in his Majesty's Court of Exchequer at Westminster for Offences committed ill England, or in his Majesty's Court of Exchequer in Scotland for Offences committed in Scotland, by Action of Debt, Bill, Plaint, or Information, wherein no Essoign, Protection, Privilege, Wager of Law, nor more than one Imparlance shall be allowed; but nevertheless it shall be lawful for his Majesty's Attorney General in England, or his Majesty's Advocate in Scotland, in case it shall appear to his oatisfadion that any such last mentioned, Penalty or Forfeiture was incurred without Intention or Fraud, to flay all further Proceedings, by entering a Noli profeqni, or otherwise, with respect as well to the Share of such Penalty or Forfeiture claimed by such Informer or Informers, as to the Share thereof belonging to his Majesty.
XLI. Provided always, and be it further enacted, That in default or Prosecution within the Time hereinbefore limited, no such last mentioned Penalty or Forfeiture shall be afterwards recoverable, except in the Name of his Majesty's Attorney General in England, and of his Majesty's Advocate in Scotland, by Information in the Court of Exchequer in England or Scotland respectively, in which Case the Whole of such Penalty or Forfeiture shall belong to his Majesty, his Heirs and Successors; and that all Penalties and Forfeitures, and Shares of Penalties and Forfeitures, incurred as aforesaid, belonging to his Majesty, his Heirs or Successors, shall be paid into the Hands of such Person or Persons as the Commissioners for the Affairs of Taxes shall appoint to receive the same, to the Use of his Majesty; and that in all Cases where the Whole of such pecuniary Penalties or Forfeitures shall be recovered to the Use of his Majesty, his Heirs or Successors, it shall be lawful for the said Commissioners to cause such Reward as they shall think fit, not exceeding one Moiety of such Penalty or Forfeiture so recovered, after deduding all Charges and Expences incurred in recovering the same, to be paid thereout to or amongst any Person or Persons who shall appear to them entitled thereto as Informers in respect of such Penalties or Forfeitures so recovered* any Thing, herein contained to the contrary notwithstanding.
XLII. And be it further enacted, That if any Action or Suit shall be brought against any Person or Persons for any Thing done in pursuance of this Act, such Action or Suit shall be commenced within six Calendar Months next after the Fad committed, and not afterwards; and (halt be laid in the County or Piace where the Caufo of Complaint did arise, and not elsewhere; and the Defendant or Defendants in every such Action or Suit may plead the General Blue, and give this Act and the Special Matter in Evidence
