Crown Lands (Forfeited Estates) Act 1698

CXXXVIII. Persons may lend Money to His Majesty on this Act at £5 per Cent. per Ann,

Money lent on this Tax not to be assessed; Orders for Repayment registered according to Date of Tally, and paid in course; Monies to come in by this Act liable to satisfy such Loans; No Fee for providing or making Books, &c. or for Payment of Money lent; Penalty; Punishment; Undue Preference by Officer; Penalty; By Deputy; Penalty; Auditor, &c. not making Payment in due Order; Penalty; How such Penalties to be recovered.

Provided alsoe and it is hereby further enacted by the Authority aforesaid That it shall and may be lawfull to or for any Person or Persons Natives or Foreigners Bodies Politick or Corporate to advance and lend to His Majesty at the Receipt of His Majesties Exchequer in England upon the Creditt of the Tax and Assessments by this Act granted and to be raised in the Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed as aforesaid any Summe or Summs of Money which together with the severall Summes by this Act appointed to be transferred shall not exceede in the whole Nine hundred thirty three thousand three hundred thirty three Pounds Six Shillings and Eight Pence and to have and receive for the Forbearance thereof Interest after the Rate of Five Pounds per Cent[um] per Annum And moreover that no Money to be transferred or lent upon the Security of this Act as aforesaid shall be rated or assessed by vertue 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 Creditt aforesaid and pay the same into the said Receipt of Exchequer shall immediately have a Talley of Loane 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 Five Pounds per Cent[um] 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 to be transferred) be registred in course according to the Dates 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 Booke soe as the said Person Native or Forreigner his Executors Administrators or Assignes who shall have his Order or Orders first entred in the said Booke of Register shall be taken and accounted the first Person to be paid out of the Moneys to come in by vertue of this Act by the Tax or Assessment aforesaid and he or they who shall have his [X1 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 Moneys to come in by this Act of or for the said Tax or Assessments shall be in the same Order liable 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 provideing or makeing of any such Books or Registers or any Entries Viewes 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 Dammages to the Party agrieved 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 Partie offending shall be liable by Action of Debt or on the Case to pay the Value of the Debt with Damages and Costs to the Partie grieved and shall be forejudged of his Place or Office and if such Preference be unduely made by any his Deputy or Clerke without Directions or Privitie of his Master then such Deputy or Clerke only shall be liable to such Action Debt Dammages 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 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 the respective Deputies and Clerks herein offending to be liable to such Action Debt Dammages and Costs in such Manner as aforesaid All which said Penalties Forfeitures Dammages 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

Editorial Information

X1 interlined on the Roll.