Billeting Act 1679

XVI. Orders for Repayment of Loan entered according to Date of Tally.

Orders for Payment of Officers to be registeredin Course.; Persons to be paid in Course as their Orders stand entered.; Monies raised by Assessments to be liable in the same Order.; No Fee for providing or making Books, &c. or for Payment of Money lent.; Penalty.; Punishment.; Undue Preference by Officer; Penalty.Undue Preference by Deputy; Penalty, Auditor, Clerk of the Pells, or Teller not making Payments in due Order; Penalty.How all such Penalties shall be recovered.

And it is hereby further enacted That all Orders for the repayment of Loanes on this Act shall be entred according to the dates of the respective Tallyes of Loane And all Orders for payment of Commission Officers of the Army and the discharge of Quarters and payment for Cloathes shall be registred in course according to their respective dayes and times of bringing thereof and none of the Orders abovementioned shall have preference one before another but shall be entred in their Course according to the dates of [X1 their] said Tallyes and the times of bringing their other Orders as they are in point of time respectively before each other And that all and every person and persons shall be paid in Course according as their Orders shall stand entred in the said Register Booke soe as that the Person Native or Forreigner his Executors Administrators and Assignes who shall have his Order or Orders first entred in the said Booke of Register shall be taken and accounted as the first person to be paid upon the Two hundred six thousand fower hundred sixty two pounds seaventeene shillings three pence to come in by vertue of this Act [X2 And he she or they that shall have his her or their Order or Orders next entred shall be taken and accounted to be the second person to be paid and soe successively and in course And that the two hundred six thousand fower hundred sixty two pounds seaventeene shillings three pence to come in by vertue of this Act] shall be in the same Order lyeable to the satisfaction of the said respective Partyes their Executors Administrators or Assignes successively without preference of one before another and not otherwise and not to be divertible to any other use intent or purpose whatsoever and that noe Fee or Reward or Gratuity directly or indirectly be demanded or taken of any of your Majeftyes Subjects for provideing or makeing any such Bookes Registers Entryes View Searches or Certificate in or for Payment of money lent or the Interest thereof or for Payment of any money upon any Order by any of your Majestyes Officer or Officers their Clerkes or Deputyes on paine of payment of Treble Damages to the party grieved by the partie offending with costs of Suite or if the Officer himselfe take or demand any such Fee or Reward then to loose his Place alsoe And if any undue preference of one before another shall be made either in point of Registry or of Payment contrary to the true meaning of this Act by any such Officer or Officers then the partie offending shall be lyable by Action of Debt or on the case to pay the value of the Debt Damages and Costs to the partie grieved and shall be forejudged from his Place or Office, And if such preference be unduely made by any his Deputy or Clerke without direction or privity of his Master then such Deputy or Clerke onely shall be lyable to such Action Debt Damages and Costs and shall be for ever after incapeable of his Place or Office And in case the Auditor shall not direct the Order or the Clerke of the Pells record or the Teller make Payment according to each persons due Place and Order as afore-directed then he or they shall be adjudged to forfeite and their respective Deputyes and Clerkes herein offending to be lyeable to such Action Debt Damages and Costs in manner as aforesaid all which said Penalties Forfeitures Damages and Costs to be incurred by any of the Officers of the Exchequer or any their Deputyes or Clerks shall and may be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record at Westminster wherein noe Essoigne Protection Priviledge Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: the O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2 annexed to the Roll in a separate Schedule.