Land Tax Act 1693

LXV. 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 moneys which shall be lent to their Majesties on the credit of this Act may be well and sufficiently secured out of the money ariseing and payable by this Act 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 and Register in which all moneys that shall be paid into the Exchequer by virtue of this Act shall be entred and registred apart & distinct from all other moneys paid or payable to their Majesties upon any other branch of their Majesties Revenue or upon any other account 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 im[m]ediatly have a Tally of Loan struck for the same and an Order for his or their repayment beareing the same date with his or their Tally In which Order shall be contained a Warrant for payment of Interest for forbearance thereof not exceeding Seven pounds per centum per annum for his or their considerac[i]on to bee paid every three months until repayment of his or their Principal And that all Orders for repayment of money shall be registred in course according to the date of the Tally respectively without preferrence of one before another And that all and every person and persons shall be paid in course according as their Order shall stand entred in the said Register Book so as the persons natives or foreigners his or their Executors Administrators or Assigns who shall have his or their Order or Orders first entred in the said Book of Register shall bee taken and accounted the first person or persons to bee paid upon the moneys to come in by virtue of this Act And hee or they who shall have his or their Order or Orders next entred shall bee taken and accounted to bee the second person to bee paid and so successively and in course And that the moneys to come in by this Act shall bee in the same order liable to the satisfaction of the said respective parties their Executors Administrators and Assigns respectively and successively without preferrence of one before another and not otherwise and not to be divertible to any other use intent or purpose whatsoever And that no Fee Reward or Gratuity directly or indirectly be demanded or taken of any their Majesties Subjects for providing or making of any such Books Registers Entries Views or Search in or for payment of money lent or the interest thereof as aforesaid by any of Their Majesties Officer or Officers their Clerks or Deputies upon pain of paying treble damages to the party agrieved by the party offending with Costs of Suit or if the Officer himself take or demand any [X1 such Fee] or Reward then to lose his place alsoe And if any undue preferrence 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 agrieved and shall be forejudged from his place or office And if such preferrence be unduely made by any his Deputy or Clerk without direction or privity of his Master then such Deputy or Clerk onely shall be liable to such Action Debt Damages and Costs and shall be forever 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 hee or they shall be adjudged to forfeit and their respective Deputies and Clerks herein offending to bee liable to such Action Debt Damages and Costs in such manner as aforesaid All which said Penalties Damages Forfeitures and Costs to bee 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 noe Essoign Protection Priveledge Wager of Law Injunction or Order of Restraint shall bee in any wise granted or allowed.

Editorial Information

X1 interlined on the Roll.