Poll Tax Act 1697

XXXVIII. Repayment of 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, &c. 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; Punishment; By Deputy; Penalty; Punishment; Auditor, Clerk of the Pells, or Teller not making Payment in due Order, Penalty; How all such Penalties to be recovered.

And to the end that all Money that shall be lent to His Majesty as well upon Credit of this Act as also upon Credit of the Act of the said Duties upon Coals and Culm may be well and sufficiently secured out of the Moneys arising by the same 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 Two several Books or Registers in which all the Moneys that shall be paid into the Exchequer for the Quarterly Poll hereby granted and for the said Duties on Coals and Culm shall be entred and registred apart and distinct from all other Money paid and payable to His Majesty upon any Account whatsoever And that all and every Person and Persons who shall lend any Money to His Majesty upon the Creditts aforesaid and pay the same into the Receipt of Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his or their Payment bearing the same Date with his or their Tally in which Order shall be also contained a Warrant for Payment of Interest for the Forbearance thereof not exceeding the Rates aforesaid for his and their Consideration to be paid every Three Months until Repayment of the Principal And that all Orders for Repayment of Money shal be registred in course upon the said respective Registers according to the Date of the Tallys respectively without Preference of one before another and that all and every Person and Persons shall be paid in course according as their Orders shall stand entred in the said Registers so as the Person Native or Foreigner his Executors Administrators or Assigns who shall have his Order [X1 or] Orders first entred in the said respective Registers shall be accounted the first Person to be paid out of the Money coming into the Exchequer for dischargeing thereof (that is to say) by the Quarterly Poll hereby granted for one of the said Registers and by the Dutyes on Coals and Culm for the other Register hereby appointed to be kept as aforesaid And that he or they who shall have his or their Order or Orders next entred on the said respective Registers shall be taken and accounted to be the Second Person to be paid thereupon and so successively and in course And that the Money coming in by this Act and the Duties which from and after the said Four and twentieth [X2 Day] of June One thousand six hundred ninety eight shall arise by the said Act on Coals and Culm shall be in the same Order liable to the Satisfaction of the [X2 said] respective Parties their Executors Administrators or Assigns successively without Preference X3 one before another and not otherwise and not to be 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 himself 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 grieved and shall be forejudged from his Place or Office And if such Preference be unduly made by his X4 Deputy or Clerk without Direction or Privity of his Master then such Deputy or Clerk only shall be liable to such Action Debt Damages and Costs and shall be for ever after uncapable of his Place or Office And in case the Auditor shall not direct the [X2 Order] or the Clerk 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 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 at Westminster wherein no Essoign Protection Priviledge Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed

Editorial Information

X1 interlined on the Roll.

X2 interlined on the Roll.

X3 Variant reading of the text noted in The Statutes of the Realm as follows: of O. [O. refers to a collection in the library of Trinity College, Cambridge]

X4 Variant reading of the text noted in The Statutes of the Realm as follows: any O. [O. refers to a collection in the library of Trinity College, Cambridge]