Taxation (No. 3) Act 1694

LXXVII.

Books provided, and Payments into Exchequer on said yearly £300,000 kept separate; No Preference; 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; Undue Preference by Officer; Penalty; Punishment. By Deputy, Penalty. Punishment. Auditor, Clerk of the Pells, or Teller not making Payment in due Order; Penalty; How all such Penalties to be recovered.

And to the end that all the moneyes hereby appropriated or appointed as aforesaid towards the satisfacc[i]on of the said su[m]me not exceedeing Twelve hundred and fifty thousand pounds hereby authorized to be borrowed and the interest thereof may be duely applyed thereunto and not diverted to any other use: Be it further enacted by the authority aforesaid That there shall be provided and kept in the Office of [X1 the] Auditor of the receipte of Exchequer one Booke and Register in which all the weekely and other payments which shall be made into the Exchequer for or upon the said yearely su[m]me of Three hundred thousand pounds payable out of the said Customes Subsidyes, or other Dutyes as aforesaid shall be entered and registered a parte and seperate from all other moneys payable into the said receipt and that a distinct register shall be there kepte for all the orders of repayment for the said su[m]me not exceedeing Twelve hundred and fifty thousand pounds in which the said orders shall be registered in course according to the date of the Tallyes respectively without any other p[re]ferrence 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 a person native or forreigner his Executors Administrators and Assignes who shall have his order or orders first entered in the said booke of register shall be taken & accompted the first person to be paid upon the moneyes to come inn by virtue of this Act and he or they who shall have his or theire order or orders next entered shall be taken and accompted to be the second person to be paid, and soe successively and in course; And that the moneyes to come in by the purport [X2 and] direc[i]ons of this Act of or for the said yearely su[m]me of Three hundred thousand pounds shall be in the same order lyable to the satisfacc[i]on of the respective Lenders theire Executors Administrators and Assignes successively according to the dates of theire Tallyes without any other p[re]ferrence of one before another; and shall not be diverted or divertible to any other use, intent or purpose whatsoever And that noe Fee, Reward or Gratuitye directly or indirectly be demanded or taken for provideing or makeing of any Bookes Entryes Registers Viewes or Search, in or for payment of money lent upon the said yearely su[m]me of Three hundred thousand pounds or interest as aforesaid by any of His Majesties Officer or Officers theire Clerks or Deputyes on paine of payment of Treble Damages to the party [X3 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 any undue p[re]ferrence of one before another shall be made either in pointe of registry or payment contrary to the true meaneing of this Act, in referrence to the said yearely su[m]me of Three hundred thousand pounds or the principall or interest to be paid out of the same 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 or^o costs to the party agrieved and shall be fore-judged from his place or office: And if such p[re]ferrence 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 in referrence to the said yearely su[m]me of Three hundred thousand pounds or the said principall and interest to be paid out of the same, then he or they shall be adjudged to forfeit and theire respective Deputyes 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 and damages to be incurred by any of the Officers of the Exchequer or any theire Deputyes or Clerks shall and may be recovered by acc[i]on of debt bill plainte or informac[i]on in any of his 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 interlined on the Roll.

X2 Variant reading of the text noted in The Statutes of the Realm as follows: or O. [O. refers to a collection in the library of Trinity College, Cambridge]

X3 Variant reading of the text noted in The Statutes of the Realm as follows: aggreived O. [O. refers to a collection in the library of Trinity College, Cambridge]