Taxation (Tonnage and Poundage) Act 1689

VI. Tally, Order, &c. granted to Lenders.

Orders for Repayment registered and paid in course; Monies raised under this Act liable to Lenders; Reciever neglecting to pay, or misapplying Monies; Punishment; Officer or Deputy taking Fee for Entry, &c; Penalty; Undue Preference by Officer; Punishment; By Deputy; Punishment; Auditor, &c. not directing or making Payment; Penalty; Penalties how recovered.

And bee it further enacted by the authority 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 in which all moneys that shall be paid into the Exchequer of or for the said parts as aforesaid shall be entred apart and distinct from all other moneys paid or payable to their Majestyes upon any account whatsoever and that all and every person and persons Natives or Forreigners Bodies Politicke or Corporate 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 Tally of Loane strucke for the same and an Order for his or their Repayment bearing the same date with the Tally in which Order shall be alsoe contained a Warrant for payment of Interest for forbearance not exceeding the respective Rates aforesaid for his or their 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 Tally 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 registred in the said Booke soe as [X1 that] the Person Native or Forreigner his her or their Executors Administrators and Assignes who shall have his her or their Order or Orders first entred in the said Booke 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 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 liable to the satisfaction of the said respective Parties 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 if the said Receiver or Receivers Generall 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 he or they are before required or enjoyned to doe or shall divert or misapply any part of the same then he or they for any such offence shall forfeit his or their Office of Reciever or Recievers Generall and be uncapable of any Office Imployment or Place of Trust whatsoever and shall be lyable to pay the full value of any Summe or Summes soe diverted or misapplied to any person or persons who will sue for the same by any Action of Debt Bill Plaint or Information in any of their Majesties Courts of Record at Westminster wherein 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 their Majestyes Subjects for providing 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 Majesties 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 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 [X2 for ever after be] 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 [X1 and may] be recovered by Action of Debt Bill Plaint or Information in any of their Majesties 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

Editorial Information

X1 interlined on the Roll.

X2 Variant reading of the text noted in The Statutes of the Realm as follows: be for ever O. [O. refers to a collection in the library of Trinity College, Cambridge]