Land Tax Act 1692

LV. 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 Money lent; 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 moneyes which shall be lent to Theire Majesties upon the creditt of this Act may be well and sufficiently secured out of the moneyes ariseing and payable by this Act Be it further enacted by the authority aforesaid That there shall be provided and kepte in Theire Majesties Exchequer (that is to say) in the Office of Auditor of the Receipts one Booke and Register in which all moneys that shall be paid into the Exchequer by virtue of this Act shall be entered and registered apart and distinct from all other moneyes paid or payable to Theire Majesties upon any other branch of Theire Majesties Revenue or upon any other account 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 Receipte of the Exchequer shall imediately have a Tally of Loan strucke for the same and an Order for his repayment beareing the same date with his Tally in which Order shall be alsoe conteined a Warrant for payment of Interest for forbearance thereof not exceeding seaven pounds per centum per annum for his considerac[i]on to be paid every three moneths untill repayment of his Principall. And that all Orders for repayment of money shall be registered 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 theire Orders shall stand entered in the said Register Booke soe as the person native or foreigner his Executors Administrators & Assignes who shall have his Order or Orders first entered in the said Booke of Register shall be taken and accounted the first person to be paid upon the moneyes to come in by virtue of this Act and he or they who shall have his or theire Order or Orders next entered shall he taken and accounted to be the second person to be paid and soe successively and in course And that the moneyes to come in by this Act shall be in the same order lyable to the satisfacc[i]on of the said respective Parties theire Executors Administrators or Assignes successively without p[re]ference 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 Gratuitye directly or indirectly be demanded or taken of any Theire Majesties Subjects for provideing or makeing of any such Bookes Registers Entries Viewes or Searche in or for payment of money lent or the interest as aforesaid by any of Theire Majesties Officer or Officers theire Clerkes or Deputies [X1 upon] paine of payment of treble damages to the party greived 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 X2 undue p[re]ference of one before another shall be 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 be lyable by Acc[i]on of Debt or on the case to pay the value of the Debt Damages and Costs to the party agrieved and shall be forejudged from his place or office. And if such p[re]ference be unduely made by any his Deputy or Clerke without direcc[i]on or privity of his Master then such Deputy or Clerke only shall be lyable to such Acc[i]on 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 afore directed then he or they shall be judged to forfeite and theire respective Deputies and Clerks herein offending to be lyable to such Acc[i]on 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 theire Deputies or Clerks shall and may be recovered by Acc[i]on of Debt Bill Plaint or Informac[i]on in any of Theire Majesties Courts of Record att Westminster wherein noe Essoigne Protecc[i]on Priviledge Wager of Lawe Injuncc[i]on or Order of Restrainte 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: on O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2 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]