Taxation (Liquor) Act 1689

VI. Commissioners neglecting to pay or misapplying Monies.

Punishment; Officer or Deputy taking Fee for Books, Entry, &c; Penalty; Undue Preference by Officer; Punishment; By Deputy; Punishment; Auditor, &c. not directing or making Payment; Penalty; Penalties how recovered.

And if the said Commissioners or Governours of the Excise for the time being shall refuse or neglect to pay into the Exchequer the said three parts of the Money ariseing as aforesaid in such manner as they are before required or enjoyned to doe or shall divert or misapply any part of the same Then they for any such Offence shall forfeit their Offices of Commissioners and Governours for the management of the Receipt of the Excise and be uncapable of any Office or place of trust whatsoever and shall be lyable to pay the full Value of any Summe or Summes soe diverted or misapplyed to any person or persons who will sue for the same by any Action of Debt Bill Plaint or Information in any of their Majestyes Courts of Record at Westminster where noe Essoigne Protection Wager of Law or Priviledge or more then one Imparlance shall be granted or allowed And that noe Fee Reward or Gratuity directly or indirectly be demanded or taken of any of their Majestyes Subjects for provideing or makeing of any such Books Registers Entryes View or Search as aforesaid or in or for the Payment of Money lent or the Interest as aforesaid by any of their Majestyes Officer or Officers their Clerks or Deputies on paine of payment of treble Damages to the Partie grieved by the Partie offending with Costs of Suite Or if the Officer or Officers themselves take or demand any such Fee or Reward then to lose their Places 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 Party grieved and shall be forejudged from their Places or Offices And if such preference be unduely made by any their Deputies or Clerks without direction or privity of the Officer or Officers then such Deputy or Clerke onely shall be lyable 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 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 forfeit 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 aforesaid 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 Essoigne Protection Priviledge Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed