Land Tax Act 1688

XXV. 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 the Money lent, or Interest. Penalty.; Undue Preference by Officer.; Penalty.; Uudue Preference by Deputy. Penalty.; Auditor, Clerk of the Pells, or Teller, not making Payments in due Order.; Penalty.; How such Penalties to be recovered.

And to the end that all Moneys which shall be Lent unto Their Majesties upon the Credit of this Act may be well and sufficiently Secured out of the Moneys ariseing and payable by this Act Bee it further Enacted by the Authoritie aforesaid That there shall be provided and kept in Their Majestyes Exchequer (That is to say) in the Office of the Auditor of the Receipts one Booke or Register in which all Moneys that shall be paid into the Exchequer by vertue of this Act shall be Entred and Registred apart and distinct from all other Moneys paid or payable to Their Majesties upon any other Branch of their Majestyes Revenue or upon any other Accompt whatsoever And that all and every Person and Persons who shall Lend any Money to their Majestyes upon the Credit of this Act and pay the same into the Receipt of the Exchequer shall immediately have a Talley of Loane strucke for the same and an Order for his Repayment beareing the same Date with his Talley in which Order shall be alsoe contained a Warrant for Payment of Interest for Forbearance after the Rate of Seven pounds per Centu[m] per Ann[um] for his Consideration to be paid every Three months untill Repayment of his Principall And that all Orders for Repayment of Money shall be Registred in Course according to the Date of the Talley 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 Entered in the said Register Booke soe as that the Person Native or Forreigner his Executors Administrators and Assignes who shall have his Order or Orders first Entred in the said Booke of Register shall be taken and accounted as the first Person to be paid upon the Moneys to come in by vertue of this Act And he or they who shall have his or their [X1 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 shall be in the same Order lyable to the satisfaction of the said respective Partyes their Executors Administrators or Assignes successively without preference of one before another and not otherwise and not to be divertible to any other use intent or purpose whatsoever And that noe Fee Reward or Gratuity directly or indirectly be demanded or taken of any Their Majestyes Subjects for provideing or makeing of any such Books Registers Entries View or Search in or for payment of Money lent or the Interest as aforesaid by any of Their Majesties Officer or Officers their Clerks or Deputies on paine of payment of treble Damages to the Partie grieved by the Party offending with Costs of Suite Or if the Officer himselfe take or demand any such Fee or Reward then to lose 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 lyable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the Partie grieved and shall be forejudged from his Place or Office and if such Preference be unduely made by any his Deputy or Clerke without Direction or Privity of his Master Then such Deputy or Clerke onely shall be lyable to such Action Debt Damages and Costs and shall be for ever after uncapeable of his Place or Office And in case the Auditor 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 aforedirected Then he or they shall be judged to forfeite and their 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 their Majestyes Courts of Record at Westminster wherein noe Essoine Protection Priviledge Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: forthwith to be O. [O. refers to a collection in the library of Trinity College, Cambridge]