No. VI. c. 79. kingdom of Ireland or in any of the said colonies plantations or dominions or any estate or interest therein to any of his Majesty's subjects 14 Geo. III. for securing the repayment of the sums of money thereon respectively really and bona fide advanced and lent with interest for the same; and all bonds covenants and securities for payment of the same sums of money and interest respectively and all transfers or assignments which have been made and executed in Great Britain of such mortgages securities or bonds to any of his Majesty's subjects; shall be as good valid to be as effecand effectual to all intents and purposes whatsoever as such mortgages tual, as if exesecurities bonds covenants transfers or assignments would have been if cuted in the the same had been made and executed in the kingdom island plantation Place, &c. country or place where the lands tenements hereditaments slaves cattle or other things mentioned and comprised in any such mortgage security transfer or assignment as aforesaid severally lie or are; and that none of and no British his Majesty's subjects in Great Britain shall be subject or liable to any Subject liable of the penalties or forfeitures in the said Act made in the twelfth year to Penalties. of her said late Majesty's reign, by receiving or taking interest for the sum or sums of money really and bona fide advanced or lent on any such mortgage security bond covenant transfer or assignment as aforesaid at the rate of interest allowed and established by the law of the kingdom colony plantation country or place wherein the mortgaged premises respectively lie or are. II. And be it further enacted by the authority aforesaid, That all Transfers of mortgages and securities which by any of his Majesty's subjects, after such Mortthe passing of this Act, shall be made and executed in Great Britain gages, &c. valið. of or concerning any lands tenements hereditaments slaves cattle or other things lying and being in the kingdom of Ireland, or in any of the said colonies plantations or dominions or any estate or interest therein, to any of his Majesty's subjects for securing the repayment of the sums of money thereon respectively to be really and bona fide advanced and lent, with interest for the same; and all bonds covenants and securities for payment of the same sums of money and interest respectively, and all transfers or assignments which, after the passing of this Act, shall be made and executed in Great Britain of such mortgages securities or bonds to any of his Majesty's subjects shall be as good valid and effectual to all intents and purposes whatsoever, as such mortgages securities bonds covenants transfers or assignments would be if the same were made and executed in the kingdom island plantation country or place where the lands tenements hereditaments slaves cattle or other things to be mentioned or comprised in any such mortgage security transfer or assignment as aforesaid severally lie or are; and that none of his Majesty's subjects in Great Britain shall be subject or liable to any of the penalties or forfeitures in the said Act made in the twelfth year of her said late Majesty's reign by receiving or taking interest for the sum or sums of money to be really and bona fide advanced or lent on any such mortgage security bond covenant transfer or assignment as aforesaid, so as the interest so to be received or taken do not exceed the rate of six pounds for one hundred pounds for a year; the aforesaid Act of Parliament or any other law or statute to the contrary notwithstanding. worth. III. Provided always, and it is hereby declared, That this Act shall not Not to make make good valid or effectual any such mortgage security bond covenant good such Morttransfer or assignment where the lender or lenders of any sum or sums of gage, if admoney has or have knowingly advanced or lent or shall knowingly advance vanced more or lend thereon more money than the lands tenements hereditaments than Lands slaves cattle or other things in such mortgages securities transfers or assignments mentioned or comprised, or to be mentioned or comprised, was were or shall be at the time or times of advancing or lending such sum or sums of money as aforesaid really and bona fide worth, to be sold. IV. And be it enacted by the authority aforesaid, That all and every Borrowing person or persons borrowing any sum or sums of money under the autho- Sums exceedrity of this Act upon any such lands tenements hereditaments slaves cattle ing the Value, or other things as aforesaid, exceeding the value which the same shall be, &c. to forfeit at the time of borrowing such sum or sums of money really and bona file triple the VOL. II. U Value. No. VI. 14 Geo. III. c. 79. worth to be sold over and above all incumbrances which shall then affect the same, shall forfeit triple the value of the sum borrowed; the one half to be paid to the informer the other half to the treasurer of the Royal Hospital for seamen at Greenwich, in the county of Kent, or to his sufficient deputy or agent, for the use of the said hospital. Mortgages to V. Provided also, and be it enacted, That all such mortgages or other be registered in securities granted under the authority of this Act, by which such lands the Colony, &c. tenements hereditaments slaves cattle or other things are intended to be charged or affected shall be registered within the kingdom island colony plantation country or place where the said lands tenements hereditaments slaves cattle or other things severally lie or are within the time limited by the laws of such kingdom island colony plantation country or place, otherwise the same shall be subject to the several provisions and penalties contained in the said Act, made in the twelfth year of her late Majesty Queen ANNE, in such manner as the same would have been if this Act had never been passed, unless the mortgagee or other person or persons for whose behoof such mortgage or other security shall have been made or granted shall have bona fide used his or their utmost endeavour to cause the same to be registered within the time hereinbefore limited for that purpose. [ No. VII. ] 1 & 2 Geo. IV. c. 51.-An Act to explain an Act made in the Fourteenth Year of his late Majesty King George the Third, for explaining an Act made in the Twelfth Year of Queen Anne, intituled, An Act to reduce the Rate of Interest, without any Prejudice to Parliamentary Securities.-[15th June 1821.] 14 Geo. III. WHEREAS by an Act made in the fourteenth year of the reign of his c. 79. late Majesty king George the Third, intituled An Act for explaining an Act made in the Twelfth Year of Queen Anne, intituled 'An Act to reduce the Rate of Interest, without any Prejudice to Parliamentary Securi'ties,' it was amongst other things enacted, that all mortgages and securities which by any of his Majesty's subjects already had been or which after the passing of the said Act should be made and executed in Great Britain of or concerning any lands tenements hereditaments slaves cattle or other things lying and being in the kingdom of Ireland, or in any of his Majesty's colonies plantations or dominions in the West Indies, or any estate or interest therein, to any of his Majesty's subjects for securing the repayment of the sums of money thereon respectively and bona fide advanced and lent with interest for the same, and all bonds covenants and securities for payment of the same sums of money and interest respectively, and all transfers or assignments which had been or which after the passing of the said Act should be made and executed in Great Britain of such mortgages securities or bonds to any of his Majesty's subjects, should be as good valid and effectual to all intents and purposes whatsoever as such mortgages securities bonds covenants transfers or assignments would have been if the same had been made and executed in the kingdom island plantation country or place where the lands tenements hereditaments slaves cattle or other things mentioned and comprized in any such mortgage security transfer or assignment as aforesaid severally lie or are; and that none of his Majesty's subjects in Great Britain should be subject or liable to any of the penalties or forfeitures in the Act made in the twelfth year of the reign of her late Majesty Queen Anne, by receiving or taking interest for the sum or sums of money really and bona fide advanced or lent on any such mortgage security bond covenant transfer or assignment as aforesaid at the rate of interest allowed and established by the law of the kingdom colony plantation country or place wherein the mortgaged premises respectively lie or are, so as the interest to be received or taken on any such mortgages bonds covenants or securities as should be made and executed after the passing of the said Act, should not exceed the rate of six pounds for one hundred pounds for a year: And whereas doubts have been entertained whether the provisions and declarations of the said recited Act extend to the bonds and covenants of third parties given as a collateral security for the payment in Great Britain of the interest for the sums of money advanced or lent as therein mentioned; for obviating such doubts be it declared and enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That all mortgages and securities which by any of His Majesty's subjects already have been, or after the passing of this Act shall be made and executed in Great Britain, of or concerning any lands, tenements, hereditaments, slaves, cattle, or other things, lying and being in Ireland or in any of the said colonies plantations or dominions respectively or any estate or interest therein to any of His Majesty's subjects for securing the re-payment of the sums of money thereon respectively really and bona fide advanced and lent, with interest for the same, whether payable in Great Britain or in the country island plantation or place where the lands, tenements, hereditaments, slaves, cattle, or other things men. tioned and comprised in any such mortgage, security, transfer, or assignment as aforesaid severally lie or are; and all bonds and covenants which have been or which, after the passing of this Act, shall be made and executed in Great Britain, either by the person borrowing such sums of money or by any other person or persons either residing in Great Britain or elsewhere by way of collateral security for the payment of such interest and all transfers and assignments which have been or which, after the passing of this Act, shall be made and executed in Great Britain of such mortgages securities or bonds to any of His Majesty's subjects, shall be as good valid and effectual to all intents and purposes whatsoever as such mortgages, securities, bonds, covenants, transfers, or assignments, would have been if the same had been made and executed, and the interest thereon had been made payable, and the person or persons entering into such bonds or covenants by way of collateral security had resided in the country, island, plantation, or place where the lands, tenements, hereditaments, slaves, cattle, or other things mentioned and comprized in any such mortgage, security, transfer, or assignment as aforesaid, severally lie or are; and that none of His Majesty's subjects of Great Britain shall be subject or liable to any of the penalties or forfeitures in the said Act made in the twelfth year of the reign of Her late Majesty Queen Anne, by receiving or taking or having received or taken interest for the sum or sums of money really and bona fide advanced or lent or to be advanced or lent on any such mortgage, security, bond, covenant, transfer, or assignment as aforesaid, so as the interest so to be received or taken do not exceed the rate of six pounds for one hundred pounds for a year; the aforesaid Act made in the twelfth year of the reign of Her late Majesty Queen Anne, or any other law or statute to the contrary notwithstanding, [No. VIII.] 3 Geo. IV. c. 47.-An Act to repeal an Act of His present Majesty, for explaining an Act made in the Twelfth Year of Queen Anne, to reduce the Rate of Interest without Prejudice to Parliamentary Securities, and to substitute other Provisions in lieu thereof.-[24th June 1822.] WHEREAS it is expedient that an Act, passed in the first and second No. VIII. 3 Geo. IV. c. 47. Securities made in Great Bri tain to be as valid as if made in the Country where the property affected is situate, years of the reign of His present Majesty, intituled An Act to explain 1 & 2 G. 4. an Act made in the Fourteenth Year of His late Majesty King George the c. 51. Third, for explaining an Act made in the Twelfth Year of Queen Anne, intituled An Act to reduce the Rate of Interest, without Prejudice to Parliamentary Securities,' should be repealed, and other provisions substituted in lieu thereof may it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and VOL. II. U No. VIII. 3 Geo. IV. c. 47. Recited Act mises or other in Great Britain liable to the Penalties of 12 Ann. c. 16. provided the Rate of Interest does not exceed that allowed by the Law of the Country where the Property lies. with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the said recited Act shall be and the same is hereby repealed; save and except so far as regards any mortgages or securities which have been executed before the passing of this Act. II. And be it further declared and enacted, That all mortgages and securities which by any of His Majesty's subjects already have been, or after the passing of this Act shall be made and executed in Great Britain, of or concerning any lands tenements or hereditaments, slaves cattle or other things, lying and being in Ireland, or in any of His Majesty's colonies plantations or dominions in the West Indies, or any estate or interest therein, to any of His Majesty's subjects, for securing the repayment of the sums of money thereon respectively really and bona fide advanced and lent, with interest for the same, whether payable in Great Britain or in the country, island, plantation, or place where the lands, tenements, hereditaments, slaves, cattle, or other things mentioned and comprised in any such mortgage or security severally lie or are; and also all conveyances demises or other assurances of any lands, tenements, hereditaments, slaves, cattle, or other things lying and being in Ireland, or in any of His Majesty's colonies plantations or dominions in the West Indies, or any estate or interest therein; and all bonds and covenants which have been, or which after the passing of this Act shall be respectively made executed or entered into, in Great Britain, to or with any of His Majesty's subjects, either by the person or persons borrowing such sum or sums of money, or by any other person or persons residing in Great Britain or elsewhere, whether such conveyances demises or other assurances bonds and covenants shall be respectively made executed or entered into by way of collateral security for the payment of such interest, or for securing the payment of interest on the sum or sums of money so really and bona fide advanced and lent, at any higher rate than the rate of interest which such mortgages or other securities respectively actually bear or carry, or shall bear or carry, or for securing any additional interest over and above the interest which such mortgages or other securities respectively actually bear or carry, or shall bear or carry; and whether such collateral or other securities for such interest, or higher rate of interest, or additional interest, in any of the cases aforesaid, have been or shall be respectively made executed or entered into, at the time or respective times of making and executing such mortgages and other securities, for the sum or sums of money so really and bona fide advanced and lent, or at any time or times subsequent thereto; and whether the same have been or shall be respectively made executed or entered into, to or with the person or persons to whom such mortgages and securities have been or shall be originally made or his her or their representatives or trustees, or to any person or persons to whom any transfers or assignments of any such mortgages or other securities have been or shall be made, or his her or their representatives or trustees; and all transfers and assignments which have been, or which after the passing of this Act shall be made and executed in Great Britain, of such mortgages, securities, conveyances, demises, or other assurances bonds or covenants respectively as aforesaid, to any of His Majesty's subjects, shall be as good valid and effectual, to all intents and purposes whatsoever, as such mortgages, securities, conveyances, demises, or other assurances, bonds, covenants, transfers, or assignments, respectively would have been, if the same had been respectively made executed or entered into, and the interest secured thereby respectively had been made payable, and the person or persons making executing or entering into such conveyances demises or other assurances bonds or covenants respectively, for securing such interest, or higher or additional interest as aforesaid, had resided in the country, island, plantation, or place, where the lands, tenements, hereditaments, slaves, cattle, or other things mentioned and comprised in any such mortgage, security, conveyance, demise, or other assurance transfer or assignment as aforesaid, severally lie or are; and that none of His Majesty's subjects in Great Britain shall be subject or liable to any of the penalties or forfeitures in the said Act made in the twelfth year of the reign of Her late Majesty Queen Anne, by receiving or taking, or having received or taken interest for the sum or sums of money really and bona fide advanced or lent, or to be advanced or lent on any such mortgage, security, conveyance, demise, or other assurance, bond, covenant, transfer, or assignment as aforesaid; so as the total amount of the interest so to be received or taken do not exceed the rate of interest allowed by the law of the country, island, plantation, or place, where the lands, tenements, hereditaments, slaves, cattle, or other things comprised in any such mortgage, security, conveyance, demise, or other assurance transfer or assignment severally lie or are; the aforesaid Act made in the twelfth year of the reign of Her late Majesty Queen Anne, or any other law or statute to the contrary notwithstanding. No. VIII. 3 Geo. IV. c. 47. |