Land Tax Act 1698

LXXIII. Persons may lend Monies to His Majesty on this Act, not exceeding, with Monies transferred, £1,400,000 at £7 per Cent. per Ann.; Not to be taxed; Tally, Order, &c. granted to Lenders; Order for Repayment registered, and paid in course; Monies raised under this Act, liable to Lenders; Officer or Deputy taking Fee for Books, Entry, &c; Penalty; Undue Preference by Officer; Punishment; by Deputy; Punishment; Auditor, &c. not directing or making Payment,; Penalty; Penalties how recovered.

Provided alsoe and it is hereby further enacted by the Authority aforesaid That it shall and may be lawfull to and for any Person or Persons Natives or Forreigners Bodies Politick or Corporate to advance and lend to His Majesty at the Receipt of His Majesties Exchequer upon the Credit of this Act any Sum or Sums of Money which together with the severall Sums by this Act appointed to be transferred as aforesaid shall not exceed in the whole Fourteene hundred thousand Pounds and to have and receive for the Forbearance thereof Interest after the Rate of Seaven Pounds per Centum per Annum And moreover that no Money so lent upon the Security of this Act shall be rated or assessed by virtue of this Act or any other Act of Parliament whatsoever And that all and every Person or Persons who shall lend any Money to His Majesty on the Credit of this Act and pay the same into the Receipt of the Exchequer shall immediately have a Talley of Loan struck for the same and an Order for his her or their Repayment bearing the same Date with his or their Talleys in which Order shall be alsoe contained a Warrant for Payment of Interest for the Forbearance thereof not exceeding Seaven Pounds per Centum per Annum to be paid every Three Months untill the Repayment of the Principall And that all such Orders for Repayment of Money to be lent shall (after the Orders before by this Act directed) be registred in course according to the Date of the Talleys respectively without other Preferrence of one before another And that all and every Person and Persons shall be paid in course according as their Orders shall stand registred in the said Register Book so as the said Person Native or Forreigner his Executors Administrators or Assignes who shall have his Order or Orders first entred in the said Book of Register shall be taken and accounted the first Person to be paid out of the Moneys to come in by virtue of this Act And he or they who shall have his or their Order or Orders next entred shall be taken and accounted to be the Second Person to be paid and so successively and in course 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 undue Preference of one before another and not otherwise and shall not be diverted or divertible to any other Use Intent or Purpose whatsoever And that no Fee Reward or Gratuity directly or indirectly be demanded or taken of any of His Majesties Subjects for providing or making of any such Books or Registers or any Entries Views or Search in or for Payment of Money lent or the Interest thereof as aforesaid by any of His Majesties Officer or Officers their Clerks or Deputies on paine of Payment of Treble Damages to the Party aggrieved by the Party 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 Payment 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 with Damages and Costs to the Party grieved and shall be forejudged of his Place or Office and if such Preference be unduly made by any his Deputy or Clerke without Directions or Privity of his Master then such Deputy or Clerke only shall be lyable to such Action Debt Damages and Costs and shall be for ever after uncapable of his Place or Office And in case the Auditor of the Receipt shall not direct the Order or the Clerk 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 the 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 Deputies 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 no Essoigne Protection Priviledge Wager at Law Injunction or Order of Restraint shall be in any wise granted or allowed