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A cf s. 139
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the same doth not Exceed Three Thousand Dollars giving Bond with
one or more Sureties at the Discretion of the said Commissioners
and where such Loan doth Exceed Three Thousand Dollars giving a
Seperate Bond for every Three Thousand Dollars of such Loan
with one or more Sureties as aforesaid who at the Time thereof shall
not be bound as Sureties in the said Office for any Sums to the
amount in the whole of more than Four Thousand Dollars to the
Intent that not more than Four Thousand Dollars in the whole may
at any Time rest on the Solvency or Sufficiency of the same Sureties
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Liber R. G.
1769
Months,
and at the
Expiration
thereof on
Condition,
&c.]
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All which Bonds shall be Payable to the said Commissioners for the
Time being in Double the Principal Sum Conditioned for the Pay-
ment of the sum Lent with Interest at the rate of Four per Cent
by the Year at some short day to be agreed upon, and it is hereby
Declared to be the Duty of the said Commissioners not to regard
applications for the Loan of Money or Transacting any other Busi-
ness in their Office but only in Course and according to their Priority
which Applications shall be Personally made and at the same Time
that the Loan of Money or the doing any other Business in the said
Office shall be required
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[Bonds to be
payable to
the Commis-
sioners, at 4
per cent In-
terest. Ap-
plication to
be regarded
according to
Priority.]
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And be it further Enacted that upon all Loans by this Act intended
the Commissioners shall take all Possible care that each of the
Sureties on the said Loans have an Indefeasible Estate in Fee Simple
in Messuages Lands Tenements & Hereditaments situate Lying and
being within this Province in the whole to Double the Value for all
the Sums for which they shall be Sureties free from all Incumbrances
except the Lord Proprietarys Quit Rents. And for the better dis-
covery of Incumbrances which may affect the Real Estate of any
Borrower or Borrowers his her or their Surety or Sureties it shall
and may be Lawful for the said Commissioners or such as they shall
appoint from Time to Time to make Searches in any Offices in this
Province and if there be Occasion take Copies or Transcripts of the
Dockets or Notes of any Judgments Mortgages and Entails or other
Incumbrances kept in any of the said Offices without paying any
Fee or Reward for the same —
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[Each of the
Sureties
upon all
Loans by
this Act, to
have a Fee
Simple Es-
tate to double
the Value
lent clear of
Incum-
brances.]
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And be it further Enacted That all Bonds so entered into as also all
other Bonds taken by the Commissioners aforesaid for Money Bills
of Credit or Bills of Exchange to be Lent by Virtue of this Act shall
be a Lien upon and Bind the Real Estates of the Obligor and his Sure-
ties into whose Hands soever the same may come from the Day of the
Execution of such Bond or Bonds respectively and when any person
or Persons who shall during the Continuance of this Act pass any
Bond or Bonds for any Sum or Sums borrowed in Virtue of this Act
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[The Bonds
entered into,
shall be a
lien upon,
and bind the
Real Estates
of the
Obligor and
his sureties,
&c.]
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payable to the Commissioners aforesaid shall fail in Payment of the
Interest or Principal and need may require Suing any such Bond or
Bonds for the better securing the Sums due it shall & may be Lawful
for the Commissioners for the Time being to cause the Clerk of the
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p. 10
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