Land Tax Act 1696

XC. Repayment of such Monies how secured Books provided.

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; 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 to be recovered.

And to the end that all Moneys which shall be so lent to His Majesty may be well and sufficiently secured out of the Moneys ariseing of or for the said Pound Rate or Tax of Three Shillings in the Pound payable by this Act Be it further enacted by the Authority aforesaid That there shall be provided and kept in His Majesties Exchequer (that is to say) in the Office of the Auditor of the Receipt One Book and Register in which all the Moneys that shall be paid into the Exchequer by virtue of this Act of or for the said Pound Rate or Tax of Three Shillings in the Pound shall be entred and registred apart and distinct from all other Moneys paid or payable to His Majesty upon any other Branch of His Majesties Revenue or upon any other Account whatsoever And that all and every Person and Persons who shall lend any Money to His Majesty upon the Creditt of the said Pound Rate or Tax of Three Shillings in the Pound and pay the same into the Receipt of the Exchequer shall im[m]ediately have a Talley of Loan struck for the same and an Order for his or their Repayment bearing the same Date with his Tally in which Order shall be also contained a Warrant for Payment of Interest for the Forbearance thereof not exceeding Eight Pounds per Centum per Annum for his Considerac[i]on to be paid every Three Months until the Repayment of the Principal And that all Orders for Repayment of Money shall be registred in Course according to the Date of the Tally 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 Person Native or Forreigner his Executors Administrators or Assigns 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 upon the Moneys to come in by virtue of this Act of or for the said Pound Rate or Tax of Three Shillings in the Pound and hee 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 [X1 &] in course And that the Moneys to come in by this Act of or for the said Pound Rate or Tax of Three Shillings in the Pound 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 His Majesties Subjects for providing or making of any such Books Registers 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 Pain of Payment of Double Damages to the Party agrieved by the Party offending with Costs of Suit or if the Officer himselfe take or demand any such Fee or Reward then to lose 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 Damages and Costs to the Party agrieved and shall be forejudged from his Place or Office And if such Preferrence be unduely made by any his Deputy or Clerk without Direction or Privity of his Master then such Deputy or Clerk onely shall be liable to such Action Debt Damage and Cost and shall be for ever after uncapable of his Place or Office And in case the Auditor 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 hee or they shall be adjudged to forfeit and their respective Deputies and Clerks herein offending to be liable 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 att Westm wherein no Essoign Protection Privelege Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed.

Editorial Information

X1 interlined on the Roll.