Taxation (No. 3) Act 1692

IV. 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.; by Deputy, Penalty.; Auditor, Clerk of the Pells, or Teller, not making Payments in due Order.; Penalty.

And to the end that all moneys which shall be lent unto Their Majesties upon the creditt of this Act and of the before mentioned Acts may be well and sufficient secured out of the moneys ariseing and payable by this Act or by any of the said before mentioned Acts from and after the several Sums charged upon the said Acts or any of them att any time before the Fifth day of March One thousand six hundred ninety two shall be respectively answered and paid Be it further enacted by the Authority aforesaid That there shall be provided and kept in Their Majesties Exchequer (that is to say) in the Office of the Auditor of the Receipts one Book or Register in which all moneys that shall be paid into the Exchequer by vertue of this Act or any of the before mentioned Acts shall be entred and registred apart and distinct from all moneys paid or payable to Their Majesties vpon any other branch of Their Majesties Revenue or any other accompt whatsoever. And that all and every person and persons who shall lend any money to Their Majesties upon the credit of this Act and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his Repayment bearing the same date with his Tally In which Order shall be also contained a Warrant for payment of Interest for forbearance after the rate so to be allowed for the same so as such Interest do not exceed the rate of Eight pounds per centum per annum for his consideration to be paid every three months vntil repayment of his Principal 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 entred in the said Register Book so as that the person native or foreigner his Executors Administrators and Assigns who shall have his Order or Orders first entred in the said Book of Register shall be taken and accounted as the first person to be paid vpon the moneys to come in by virtue of this Act or any the before mentioned Acts from and after payment of the several Sums respectively charged upon the said Acts before mentioned and he or they who shall have his or their Order or Orders next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act or by the said former Acts shall be in the same order liable to the satisfaction of the said respective parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise and not to be diverted to any other use intent or purpose whatsoever And that no Fee Reward or Gratuity directly or indirectly be demanded or taken of any of Their Majesties Subjects for providing or makeing of any such Books Registers Entries Views 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 upon pain of payment of treble damages to the party greived by the party offending with Costs of Suit or if the Officer himselfe take or demand any such Fee or Reward then to lose his place also 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 party offending shall be liable 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 his place or office And if such preference be unduly made by any his. Deputy or Clerk without direction or privity of his Master then such Deputy or Clerk only shall be liable to such Action [X1 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 Clerk 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 forfeit and their respective Deputies and Clerks herein offending to be liable 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 Informac[i]on in any of Their Majesties Courts of Record att Westminster wherein no Essoign Protection Priveledge-Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed.

Editorial Information

X1 omitted in King's Printer's Copy.