Taxation (No. 6) Act 1690

XIV. Entry of Monies distinct.

Tally, Orders, &c. granted to Lenders.; Orders for Repayment registered and paid in course.; No Fee, &c. for providing, &c. Books, nor for View or Search; Penalty.; Undue Preference by Officer; Penalty.; By Deputy; Penalty.; Auditor, &c. offending; Penalty.

And to the end that all Moneys which shall be soe lent to their Majesties may be well and sufficiently secured out of and by the Moneys ariseing by this or the said former Act and appointed by this present Act to be paid into the Exchequer as aforesaid (other then and besides the said one third part appropriated as aforesaid) together with the Interest for the Money soe lent not exceeding the rate aforesaid 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 Receipt one Booke in which all Moneys which shall be paid into the Exchequer as aforesaid shall be entred apart and distinct from all other Moneys paid or payable to their Majestyes upon any accompt 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 beareing the same Date with the Tally in which Order shall be alsoe contained a Warrant for Payment of Interest for Forbearance not exceeding the Rate aforesaid for his or their Consideration to be paid every three months untill Repayment of the 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 entred in the said Register Booke soe as 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 (other then and besides the said one third part appropriated as aforesaid) 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 aforesaid two third parts (the whole in three equall parts being divided) of all the Moneys before mentioned shall be in the same Order lyable 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 that noe Fee Reward or Gratuity directly or indirectly be demanded or taken of any of their Majestyes Subjects for providing or makeing of any such Books Registers Entryes View or Search as aforesaid by any of their Majestyes Officer or Officers their Clerks or Deputyes on paine of Payment of treble Damages to the Partie grieved by the Partie offending with Costs of Suit Or if the Officer or Officers themselves take or demand any such Fee or Reward then to lose their places 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 their Places or Offices And if such preference be unduely made by any their Deputies or Clerks without direction or privity of the Officer or Officers then such Deputy or Clerke onely shall be lyable to such Action Debt Damages and Costs and shall be for ever after uncapeable 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 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 and may be recovered by Action of Debt Bill Plaint or Information in any of Their Majestyes 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