Taxation Act 1685

VII. Persons lending any Money not exceeding £400,000 on Credit of Act to have a Tally of Loan, &c.

Orders for Repayment registered and paid in course.

And bee it further Enacted and Ordained by the Authoritie aforesaid That all and every Person and Persons who shall Lend any Moneys not exceeding Foure hundred thousand Pounds in the Whole to Your Majestie upon the Credit of this Act and Pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loane Strucke for the same and an Order for his Repayment beareing the same Date with his Tally in which Order shall be alsoe contained a Warrant for Payment of Interest for Forbearance not exceeding the Rate of Eight Pounds per Centu[m] per Annu[m] for his Consideration to bee paid every Three Months untill the repayment of his principall. And that all Orders for Repayment of Money Lent shall be Registred in course according to the Date of the Tally respectively And that all and every Person and Persons shall be paid in Course according as their Orders shall stand Entred in the Register Booke bee it Orders for [X1 Payment] Directed by His Majestie or of Moneys Lent as aforesaid soe as that the Person Native or Forreigner his Executors Administrators and Assignes who shall have his Warrant or Order Warrants or Orders first entered in the said Booke of Register shall be taken and Accounted as the first Person to be paid upon the Moneys to come in by vertue of this Act And he and he or they that shall have his or their Warrants or Orders Warrant or Order next Entred shall be taken and Accounted to be the Second Person to be paid And soe successively and in course.

Monies liable in Order without Preference; No Fee for Search; Penalty; Undue Preference by Officer; Penalty; By Deputy; Penalty; Auditor, &c. not directing or making Payments according to the aforesaid Order; Penalty.

And that the Moneys to come in by this Act shall be in the same Order lyable to the Satisfaction of the said Respective Parties their Executors Administrators or Assignes successively without Preference of one before another and not otherwise and not be divertible to any other use intent or Purpose whatsoever. And that noe Fee Reward or Gratuity directly or indirectly be demanded or taken of any Your Majestyes Subjects for provideing or makeing of any such Books Registers Entryes View or Search in or for Payment of Money Lent or the Interest thereof as aforesaid by any of Your Majestyes Officer or Officers their Clerks or Deputies on paine of Payment of treble Damages to the partie grieved by the party offending with Costs of Suite or if the Officer himselfe take or demand any such Fee or Reward then to lose his Place alsoe. And if any undue Preference of one before another shall be made either in point of Registry contrary to the true meaning of this Act by any such Officer or Officers then the party 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 fore-judged from his Place or Office. And if such Preference be unduely made by any his Deputy or Clerke without Direction or Privitie 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 uncapeable of his Place or Office. And in case the Auditor shall not direct the Order or the Clerke of the Pells Record and the Teller make Payment according to each Persons due place and order as afore directed Then he or they shall be judged to forfeite and their respective Deputies and Clerks herein offending to be lyable to such Action Debt Damages and Costs in such 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 Majestyes 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: Payments O. [O. refers to a collection in the library of Trinity College, Cambridge]