Taxation: Members of Parliament Act 1700

LXXX. [X1 LXXX. Tally of Loan to Lender, and Warrant for Interest.

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; Officer or Deputy taking Fee for Books, &c. Entry, &c; Penalty; Undue Preference by Officer; Punishment; By Deputy; punishment; Auditor, Clerk of the Pells, or Teller not making Payments in due Order, Penalty.; How all such Penalties to be recovered.

And it is hereby further enacted That all and every Person or Persons who shall lend upon the Creditt of the said Third Part or of the said Two Third Parts of the Moneys ariseing by this Act and pay the same into the said Receipt of Exchequer shall imediately 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 conteined a Warrant for Payment of Interest for the Forbearance thereof not exceeding the Rate or Rates aforesaid 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 be registred in course according to the Dates of the Talleys respectively without other Preference 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 Bookes so as the said Person Native or Foreigner his Executors Administrators or Assigns who shall have his Order or Orders first entred in the said respective Books 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 either of the said Third Part or the said Two third Parts respectively 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 of or for the said Tax or Assessments and in such Proportions as aforesaid shall be in the same Order liable to the Satisfaction of the said respective Parties their Executors Administrators or Assigns 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 [X2 of] His Majesties Subjects for provideing or makeing of any such Books or Registers or any Entryes Views or Search in or for Paiment of Money lent or the Interest thereof as aforesaid by any of His Majesties Officer or Officers their Clerks or Deputies on Pain of Paiment of Treble Damages to the Party aggreived by the Party offending with Treble Costs of Suit Or if the Officer himselfe take or demand any such Fee or Reward then to loose his Place also 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 liable by Action of Debt or on the Case to pay the Value of the Debt with Damages [X3 and Costs] to the Partie grieved and shall be forejudged of his Place or Office And if such Preference be unduly made by any his Deputy or Clerk without Directions or Privity of his Master then such Deputy or Clerk onely shall be liable to such Action Debt Damages and Costs and shall be for ever after incapable 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 Paiment according to each Persons due Place and Order as afore directed then hee or they shall be adjudged to forfeit and the respective Deputies and Clerks herein offending to be liable to such Action Debt Damages and Costs in such Manner as aforesaid All which said Penaltyes Forfeitures Damages and Costs to bee 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 noe Essoigne Protection Privilidge Wager at Law Injunction or Order of Restraint should be in any wise granted or allowed]

Editorial Information

X1 interlined on the Roll.

X2 O. omits.

X3 interlined on the Roll.