Land Tax Act 1691

XXXIX. Repayment of such Monies how secured.

Register 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, &c.; 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 bee lent unto Theire Majesties upon the Creditt of this Act may bee well and sufficiently secured out of the Moneys ariseing and payable by this Act Bee it further enacted by the Authority aforesaid That there shall bee provided and kept in Theire Majesties Exchequer (that is to say) in the Office of the Auditor of the Receipts one Booke or Register in which all Moneys that shall bee paid into the Exchequer by Vertue of this Act shall bee entred and registred apart and distinct from all other Moneys paid or payable to Theire Majesties upon any other Branch of Theire Majesties Revenue or upon any other Accompt whatsoever And that all and every Person and Persons who shall lend any money to Theire Majesties upon the Creditt of this Act and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loane struck for the same and an Order for his Repayment beareing the same Date with his Tally In which Order shall bee also contained a Warrant for payment of Interest for Forbearance thereof not exceeding Seaven pounds per Centum per Annum for his Consideration to bee paid every Three Moneths until repayment of his Principall And that [X1 all] Orders for repayment of money shall bee 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 bee paid in course according as theire Orders shall stand entred 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 Book of Register shall bee taken and accounted as the first Person to bee paid upon the moneys to come in by vertue of this Act And hee or they who shall have his or theire Order or Orders next entred shall bee taken and accounted to bee the second Person to bee paid and soe successively and in course And that the moneys to come in by this Act shall bee in the same Order lyeable to the satisfacc[i]on of the said respective Parties theire Executors Administrators or Assignes successively without preference of one before another and not otherwise and not to bee divertible to any other Use Intent or Purpose whatsoever And that noe Fee Reward or Gratuity directly or indirectly bee demanded or taken of any Theire Majesties Subjects for provideing or makeing of any such Bookes Registers Entryes View or Search in or for payment of money lent or the Interest as aforesaid by any of Theire Majesties Officer or Officers theire Clerkes or Deputies on Paine of payment of Treble Damages to the Party grieved by the Party offending with Costs of Suite Or if the Officer himselfe take or demand any such Fee or Reward then to loose his Place also And if any undue preference of one before another shall bee made either in point of Registry or Payment contrary to the true meaneing of this Act by any such Officer or Officers then the Party offending shall bee lyeable by Action of Debt or on the case to pay the Value of the Debt Damages and Costs to the Party grieved and shall bee forejudged from his Place or Office And if such preference bee unduely made by any his Deputy or Clerke without direc[i]on or privity of his Master then such Deputy or Clerke onely shall bee lyeable to such Action Debt Damages and Costs and shall bee 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 afore directed then hee or they shall bee judged to forfeite and theire respective Deputies and Clerkes herein offending to bee lyeable to such Action Debt Damages and Costs in such manner as aforesaid All which said Penalties Forfeitures Damages and Costs to bee incurred by any of the Officers of the Exchequer or any theire Deputies or Clerkes shall and may bee recovered by Action of Debt Bill Plaint or Informac[i]on in any of Theire Majesties Courts of Record att Westminster wherein noe Essoigne Protection Priviledge Wager of Law Injunction or Order of Restraint shall bee in any wise granted or allowed.

Editorial Information

X1 interlined on the Roll.