Land Tax Act 1691
3 Will. & Mar. c. 5
An Act for Granting an Aid to Their Majesties of the Sum[m]e of Sixteene hundred fifty one thousand seven hundred and two pounds eighteen shillings towards the Carrying on a Vigorous Warre against France.
Annotations to the whole text
Editorial notes
- X1
Abbreviated title derived from Chronological Table of the Statutes: Covering the Period from 1235 to the End of 1971 (London: Her Majesty's Stationery Office. 1972)
Contents
- Section
- IICommissioners named.
- IIICommissioners to meet in the several Counties, &c. on the 2d Day of February next, to execute this Act; and may subdivide themselves.
- IVCommissioners to set down in Writing what Number of them shall act in each Division, and deliver Copy thereof to Receiver General.
- VReceivers General to give Commissioners a Receipt for Monies received by them from their Division.
- VI£412,925. 14s. 6d. to be paid to Receiver General 25th March 1692.
- VIIAssessors to deliver Copy of Assessment to Commissioners; Commissioners to sign, &c. Two Duplicates thereof, and to deliver One to Collector, which they are to nominate, with Warrant for Collection.
- VIIINotice of money received by Receiver General or his Deputy to Commissioners.
- IXAllowance to Collectors.
- XPersons charged refusing, &c. to pay; Distress.
- XITenant paying, acquitted to Amount of Payment.
- XIIPersons not executing Act, Commissioners may fine.
- XIIICollector neglecting to pay or detaining Monies; Proceedings by Commissioners.
- XIVAt Expiration of times for Quarterly Payments Commissioners are to call Collectors before them, &c. and, in case of Failure, to cause same to be levied.
- XVOn Questions respecting Assessments, in which Commissioners concerned, they are to withdraw.
- XVIPrivileged Places, Persons, &c. not exempt.
- XVIIProviso for Colleges in the Two Universities, Colleges of Windsor, Eton, Winchester, and Westminster, and for Hospitals, in respect of Sites of Colleges, &c.
- XVIIILands, &c. held by Lease from Hospitals, &c. to be rated at their yearly Value.
- XIXPersons having a House in one Parish, &c. and Goods in another, charged where they dwell.
- XXNo Clause in this Act to extend to lessen the Rate.
- XXIProceedings in case assessing by Pound Rate found to obstruct speedy bringing in Assessment.
- XXIIProviso for Contracts between Landlord and Tenant as to Payment of Taxes.
- XXIIIPlaces assessed in such County, &c. as heretofore.
- XXIVIn Actions brought touching Execution of this Act,
- XXVReceivers General and their Deputies to give Acquittances to Collectors, without Fee.
- XXVIWhen Lands, &c. unoccupied, and no Distress found, Collectors, Constables, &c. may enter and distrain.
- XXVIIWhere Woodland assessed, and no Distress had, Collectors, &c. may cut and sell Wood growing.
- XXVIIIProceedings where Assessment charged on Tithes and other Property not distrainable.
- XXIXReceivers General certifying Arrears to be due where the Monies have been received.
- XXXQuarterly Payments to be made to Receiver General and by them into the Exchequer within 20 Days after the times before mentioned.
- XXXIReceivers General to become bound.
- XXXIIWhat Persons not to be Receivers General under this Act.
- XXXIIICommissioners not liable for Penalties of 25 Car. II. c. 2.
- XXXIVCommissioners to take the Oath of 1 W. & M. Sess. 1. c. 8.
- XXXVReceivers General before the end of Trinity Term.; 1693 to finish their Accounts.
- XXXVIRents, Charges, &c. to be assessed in the Proportion as the Lands out of which they issue.
- XXXVIIProviso respecting King's Bench Prison; and the Marshalsea.
- XXXVIIIPersons may lend Money to Their Majesties on this Act at £7 per Cent. per Ann.
- XXXIXRepayment of such Monies how secured.
- XLProviso where several Tallies bear Date the same Day.
- XLIOrders for Payment of Money lent may be assigned by Indorsement.
- XLIIOut of the Monies raised by this Act £1,000,000 applied to the Payment of Seamen and Stores, Office of Ordnance and other necessary Naval Services.
- XLIIICollector keeping Money in hand, or paying to Persons other than the Receiver General.
- XLIVTreasury not to direct Warrant to Collectors, &c. for Payment to Persons other than into Exchequer; nor to the Officers of Exchequer for striking of Tally of Pro, &c.
- XLVOfficers of Exchequer to keep Accounts of the said £1,000,000 distinct.
- XLVITreasurer of the Navy and Treasurer of the Ordnance to keep Monies apart.
- XLVIIAnd for Commissioners of Navy as to signing Navy Bills, &c. for issuing such Money.
- XLVIIIOfficers appointed to receive the said £1,000,000 misapplying same.
- XLIXOfficers of Exchequer, Navy, or Ordnance misapplying the same Monies.
- LNo Stay of Prosecutions, &c. in Actions for Penalties.
- LIOut of Monies appropriated to Navy Stores and Naval Ordnance, Naval Stores and Provision other than Victualling paid in course.
- LIIPrincipal Officers of the Ordnance may pay by Imprest.
- LIIINot undue Preference to pay subsequent Bills first demanded if sufficient left for preceding Bills.
- LIVAncient legal Fees only allowed.
Grant of £1,651,702. 18s. to be raised in the Counties and Places, and in the Proportions, herein mentioned.
Most Gracious Sovereigns
Wee Your Majesties Most Dutifull and Loyall Subjects the Commons in Parliament Assembled being deeply Sensible of the abundant Care Wisdome and Resolution with which Your Majesties have defended and Preserved these Kingdomes against the Opposition of Open and Secret Enemies and being Resolved Effectually to Support Your Government and Assist Your Majesties for the vigorous carrying on the Warre against France, have towards the Ends and Purposes aforesaid, Cheerefully and Unanimously Given and Granted unto Your Majesties the Rates and Assessments hereafter mentioned And wee doe humbly beseech Your Majesties That itt may be Enacted And be itt Enacted by the King and Queenes most Excellent Majesties by and with the Advice and Consent of the Lords Spirituall and Temporall and Co[m]mons in this present Parliament Assembled and by the Authority of the same That the Su[m]me of Sixteene hundred fifty one thousand seven hundred and two pounds eighteene shillings shall be raised levyed and paid unto Theire Majesties in manner following That is to say The Su[m]me of One hundred thirty seven thousand six hundred forty one pounds eighteene shillings and two pence by the Moneth for Twelve Moneths beginning from the Five and twentieth Day of December in the Yeare of our Lord One thousand six hundred ninety and one shall be assessed taxed levyed and paid by Foure Quarterly Payments in the severall Counties Cityes Boroughs Townes and Places within England and Wales and the Towne of Berwick upon Tweed according to the Proportions following (Vi[z]) For each of the said Twelve Moneths
For the County of Bedford the Su[m]me of One thousand seven hundred ninety three pounds fifteene shillings six pence
For the County of Berks the Su[m]me of Two thousand two hundred sixty foure pounds thirteene shillings two pence
For the County of Bucks the Su[m]me of Two thousand six hundred and thirty pounds twelve shillings tenne pence
For the County of Cambridge the Su[m]me of Two thousand and fourty pounds
The Isle of Ely the Su[m]me of Six hundred ninety nine pounds fifteene shillings ten pence
The County of Chester the Su[m]me of One thousand foure hundred ninety five pounds fourteene shillings foure pence
The City and County of the City of Chester the Su[m]me of One hundred and six pounds sixteene shillings eight pence
The County of Cornwall the Su[m]me of Three thousand eighty one pounds sixteene shillings six pence
The County of Cumberland the Su[m]me of Three hundred thirty six pounds twelve shillings two pence
The County of Derby the Su[m]me of One thousand seven hundred twenty foure pounds sixteene shillings eight pence
The County of Devon the Su[m]me of Six thousand foure hundred fifty nine pounds eighteene shillings foure pence.
The City and County of the City of Exeter the Su[m]me of Two hundred thirty two pounds fourteene shillings eight pence
The County of Dorsett the Su[m]me of Two thousand six hundred eighty nine pounds and ten pence
The Towne and County of Poole the Su[m]me of Twenty one pounds nineteene shillings foure pence
The County of Durham the Sum[m]e of Six hundred fourty seven pounds thirteene shillings six pence
The County of Yorke with the City and County of the City of Yorke and the Towne and County of Kingston upon Hull the Sum[m]e of Six thousand nine hundred thirty eight pounds ten shillings foure pence
The County of Essex the Sum[m]e of Six thousand one hundred ninety six pounds seventeene shillings and eight pence
The County of Gloucester the Sum[m]e of Three thousand six hundred seventeene pounds and six pence
The City and County of the City of Gloucester the Sum[m]e of Seaventy eight pounds sixteen shillings
The County of Hereford the Su[m]me of Two thousand two hundred sixty three pounds six shillings and eight pence
The County of Hertford the Su[m]me of Two thousand six hundred ninety one pounds twelve shillings and six pence
The County of Huntington the Su[m]me of One thousand two hundred sixty seven pounds eight shillings and foure pence
The County of Kent with the City and County of the City of Canterbury the Su[m]me of Six thousand six hundred fifty three pounds seventeene shillings foure pence
The County of Lancaster the Su[m]me of Two thousand and thirteene pounds seven shillings
The County of Leicester the Su[m]me of Two thousand one hundred sixty nine pounds eight shillings six pence
The County of Lincolne with the City and County of the City of Lincolne the Su[m]me of Five thousand one hundred fifty pounds foure shillings
The City of London with the Liberties of St Martins le Grand the Su[m]e of Eight thousand five hundred eighty three pounds two shillings eight pence
The County of Middlesex with the City and Liberty of Westminster the Su[m]me of Six thousand eighty one pounds
The County of Monmouth the Su[m]me of Seven hundred and eighty pounds
The County of Northampton the Su[m]me of Two thousand eight hundred twenty seven pounds sixteene shillings foure pence
The County of Nottingham with the Towne and County of the Towne of Nottingham the Su[m]me of One thousand seven hundred fourty six pounds sixteene shillings
The County of Norfolke the Su[m]me of Six thousand seven hundred fourty one pounds foure shillings
The City and County of the City of Norwich the Su[m]me of Three hundred sixty pounds
The County of Northumberland with the Towne of Newcastle and Berwick upon Tweed the Su[m]me of Seaven hundred fourty five pounds eleaven shillings foure pence
The County of Oxon the Su[m]me of Two thousand two hundred seventy one pounds one shilling foure pence
The County of Rutland the Su[m]me of Foure hundred eighty pounds seventeene shillings and ten pence
The County of Salop the Sum[m]e of Two thousand foure hundred and seven pounds eight shillings foure pence
The County of Stafford the Su[m]me of One thousand seven hundred and five pounds three shillings foure pence
The City and County of the City of Litchfeild the Su[m]me of Twenty six pounds
The County of Somersett the Su[m]me of Five thousand five hundred fourty three pounds one shilling foure pence
The City and County of the City of Bristoll the Su[m]me of three hundred ninety eight pounds sixteene shillings eight pence
The County of Southampton with the Towne and County of Southampton and the Isle of Wight the Su[m]me of Foure thousand three hundred seventy eight pounds seventeene shillings foure pence
The County of Suffolke the Su[m]me of Six thousand five hundred ninety seven pounds one shilling foure pence
The County of Surry with the Borough of Southwark the Su[m]me of Three thousand one hundred ninety foure pounds and foure pence
The County of Sussex the Su[m]me of Three thousand six hundred fourty two pounds fifteene shillings six pence
The County of Warwick with the City and County of the City of Coventry the Su[m]me of Two thousand three hundred eighty foure pounds seventeene shillings six pence
The County of Worcester the Su[m]me of Two thousand one hundred seven pounds eighteene shillings
The City and County of the City of Worcester the Su[m]me of One hundred and ten pounds nineteene shillings
The County of Wilts the Su[m]me of Three thousand nine hundred thirty three pounds fifteene shillings two pence
The County of Westmerland the Su[m]me of Two hundred thirty two pounds
The County of Anglesey the Su[m]me of Two hundred fifty one pounds seven shillings foure pence
The County of Brecknock the Su[m]me of Five hundred sixty five pounds eleven pence
For the County of Cardigan the Su[m]me of Two hundred eleven pounds eleven shillings seven pence
The County of Carmarthen the Su[m]me of Five hundred fourty foure pounds thirteene shillings foure pence
The County of Carnarvan the Su[m]me of Two hundred ninety three pounds foure shillings foure pence
The County of Denbigh the Su[m]me of Foure hundred fourty seven pounds one shilling two pence
The County of Flint the Su[m]me of Two hundred thirty seven pounds fourteene shillings eight pence
The County of Glamorgan the Su[m]me of Seaven hundred fifty seaven pounds fifteene shillings eight pence
The County of Merioneth the Su[m]me of Two hundred and one pounds twelve shillings two pence
The County of Montgomery the Su[m]me of Five hundred fifty three pounds foure shillings four pence
The County of Pembroke the Su[m]me of Six hundred fifty three pounds
The County of Radnor the Su[m]me of Three hundred fourty eight pounds thirteene shillings foure pence
The Towne of Haverford-west the Summe of Thirty pounds six shillings ten pence.
IICommissioners named.
And bee itt further Enacted by the Authority aforesaid That for the effectuall putting of this present Act in Execution all and every the Persons hereafter named shall bee Commissioners of and for the severall and respective Counties Cities Boroughs Townes and Places hereafter menc[i]oned.
IIICommissioners to meet in the several Counties, &c. on the 2d Day of February next, to execute this Act; and may subdivide themselves.
And be itt further enacted and declared That the severall Commissioners aforesaid shall meete together att the most usuall and common Place of Meeting within each of the said Counties Ridings Cityes Boroughs Townes and Places respectively on the Second day of February next ensueing And the said Commissioners or soe many of them as shall bee present att the said First Generall Meeting or the major Part of them are hereby authorized and required to putt this present Act in Execution according to the best of theire Judgements and Discretions and shall then if they see cause subdivide and distribute themselves soe into lesser Numbers as Two or more of the said Commissioners may bee appointed for the Service of each Hundred or other Division and as may best conduce to the carrying on of Theire Majesties Service hereby required.
IVCommissioners to set down in Writing what Number of them shall act in each Division, and deliver Copy thereof to Receiver General.
And for the more effectuall Performance thereof bee it enacted and declared That the Commissioners att theire aforesaid First Generall Meeting or the major Part of them shall agree and sett downe in Writeing who and what Number of the said Co[m]missioners shall act in each of the said Divisions or Hundreds and shall deliver a true Copy of such Writeing to the Receiver Generall to bee appointed by Theire Majesties to the end that there may bee noe Failure in any Part of the due Execuc[i]on of the Service by this Act required.
VReceivers General to give Commissioners a Receipt for Monies received by them from their Division.
Such Receipt to be a Discharge to Division, &c.; Commissioners in their several Divisions to cause the Proportions charged to be equally assessed; and to appoint Assessors.; Duty of such Assessors.
And bee. it further Enacted by the Authority aforesaid That every Receiver Generall from tyme to tyme within the Space of One Moneth next after hee shall have received the full Sum[m]e that shall bee charged on any Hundred or Division for each particular Payment that is to bee made to such Receiver Generall by vertue of this Act shall give to the Commissioners that shall act in such Hundred or Division a Receipt under his Hand and Seale acknowledging his Receipt of the full Sum[m]e charged upon such Hundred or Division for such particular Payment which Receipt shall bee a full Discharge of such Hundred or Division for such particular Payment against Theire Majesties Theire Heires and Successors And the Commissioners within the severall Divisions or Hundreds or any Three or more of them are hereby authorized and required to cause the said severall Proporc[i]ons charged on the respective Divisions and on every Parish and Place therein for the said Twelve Moneths Assessments to bee equally assessed and taxed and to appoint Two or more Assessors in each Parish or Place for the perfecting thereof who are hereby required with all Care and Diligence to assesse the same equally by a Pound Rate upon all Lands Tenements Hereditaments Annuityes Rent-Charges and other Rents Parkes Warrens Goods Chattells. Stock Merchandizes Offices (other then Military Offices and Offices relateing to the Navy under the Command of the Commissioners of the Admiralty and Officers within Theire Majesties Houshold) Tolls Profitts and all other Estate both Reall and Personall within the Limitts Circuits and Bounds of theire respective Parishes and Places.
VI£412,925. 14s. 6d. to be paid to Receiver General 25th March 1692.
£412,925. 14s. 6d. Second Quarterly Payment, 24th June 1692.; £412,925. 14s. 6d. Third Quarterly Payment, 29th Sept. 1692.; £412,925. 14s. 6d. Fourth and last Quarterly Payment, 25th Dec. 1692.
And bee it further enacted by the Authority aforesaid That the Sum[m]e of Foure hundred and twelve thousand nine hundred twenty five pounds fourteene shillings six pence shall bee assessed collected levyed and paid unto the Receiver Generall of the said severall Counties who shall be appointed by Theire Majesties on or before the Five and twentieth day of March in the Yeare of our Lord One thousand six hundred ninety two And the Summe of Foure hundred and twelve thousand nine hundred twenty five pounds Fourteene shillings six pence being the Second of the said Quarterly Payments on or before the Foure and twentieth Day of June in the said Yeare of our Lord One thousand six hundred ninety two And the Summe of Foure hundred and twelve thousand nine hundred twenty five pounds fourteene shillings six pence being the Third of the said Foure Quarterly Payments on or before the Nine and twentieth day of September in the said Yeare of our Lord One thousand six hundred ninety two And the Summe of Foure hundred and twelve thousand nine hundred twenty five pounds fourteene shillings and six pence being the Fourth and last of the said Foure Quarterly Payments on or before the Five and twentieth day of December in the said Yeare of our Lord One thousand six hundred ninety two.
VIIAssessors to deliver Copy of Assessment to Commissioners; Commissioners to sign, &c. Two Duplicates thereof, and to deliver One to Collector, which they are to nominate, with Warrant for Collection.
Commissioners to deliver Schedule of Sums assessed to Receiver General; who is to transmit One Duplicate thereof to the Remembrancer of Exchequer, and the other to the Clerk of the Pells.
And for the compleating of the whole Summe charged as aforesaid and to the end the aforesaid. Summes charged upon the severall and respective Counties Ridings Cityes Boroughs Townes and Places may bee equally and indifferently assessed according to the true Intent of this Act and the Money duely collected and true account thereof made the said Assessors are hereby required to deliver One Copy of theire respective Assessments fairely written and subscribed by them unto the said Commissioners And the said Commissioners or any Three or more of them are hereby ordered and required to signe and seale Two Duplicates of the said Assessments and the one of them to deliver or cause to bee delivered to one or more honest and responsible Person or Persons to bee Collector or Collectors which the said Commissioners are hereby authorized to nominate and appoint for each Parish or Place with Warrant to the said Collector or Collectors to collect the same Assessment payable as aforesaid soe as the said severall Summes may bee paid in to the said Receiver Generall att the respective tymes aforesaid And the said Commissioners are hereby required to deliver or cause to bee delivered a Schedule Note or Duplicate in Parchment under theire Hands and Seales fairely written containeing the particular Summe assessed upon each Parish or Place unto the Receiver Generall of each County Rideing City Borough Towne or Place respectively who is hereby required within One Moneth after his Receipt thereof to transmitt One Duplicate of the same fairely written in Parchment under his Hand and Seale into the Kings Remembrancers Office of the Exchequer and X1one other Duplicate thereof to the Office of the Clerke of the Pells there And the said Remembrancer and Clerke of the Pells respectively upon receipt of the said respective Duplicate are hereby required to give a Receipt in Writeing acknowledging the same to such Receiver Generall or any Person by him respectively deputed in that case.
VIIINotice of money received by Receiver General or his Deputy to Commissioners.
Receipt of Receiver General a Discharge to Collector.; Collector to pay to Receiver General.; Collectors travelling for such Payments,; Receiver General to transmit monies to Exchequer.; Salary to Receiver General.
And be it further enacted and declared by the Authority aforesaid That the money received by the said Collectors within the respective Divisions or Hundreds shall from tyme to tyme be duely paid to the Receiver Generall or to his Deputy or Deputies to be appointed under his Hand and Seale whereof Notice under the Hand and Seale of the Receiver Generall shall bee given unto the Commissioners or any Three of them within the respective Divisions or Hundreds within Tenne Dayes after the First Generall Meeting and soe from tyme to tyme within Tenne Dayes after every Death or Removall of any Deputy (if any such shall happen) and the Receipt of such Receiver Generall his Deputy or Deputies or any of them shall bee a sufficient Discharge unto every such Collector And the particular Collectors are hereby required to pay in all and every the Summes soe received by them unto the said Receivers Generall or theire Deputy or Deputies for Payment whereof the said Collectors shall not bee obliged to travell above Tenne Miles from the Places of theire Habitac[i]os which said Receivers Generall are hereby required forthwith to transmitt or cause to bee paid the moneys by them received into the Receipt of Theire Majesties Exchequer And the Lords Commissioners of Theire Majesties Treasury are hereby authorized to allow the said Receiver Generall of each County Rideing City and Towne respectively in case hee hath returned upp as aforesaid Duplicates of the Assessment of each Parish or Place in the County Rideing City or Towne for which hee is appointed Reciver Generall a Salary for his Paines not exceeding Two Pence in the Pound upon the cleareing of his Accompt which Duplicates soe to bee returned into the Kings. Remembrancers Office in the Exchequer and the Office of the Clerke of the Pells are intended to containe noe more then the Summes in grosse to bee collected by each Collector and the severall Names of the said Collectors.
IXAllowance to Collectors.
Collectors may detain Allowance.; Allowance to Commissioners Clerks paid by Receiver General.
And it is hereby further enacted and declared That the Collectors of each Parish or Place which shall bee appointed by vertue of this Act shall upon Collection of the whole Summe appointed to be collected by them and Payment thereof as is hereby before appointed have and receive for theire paynes in collecting and paying the Moneys Three pence in the Pound which the said Collectors are impowered to detaine out of the last Payment of the Money of theire severall and respective Foure Quarterly Payments And the said Receiver Generall upon the receipt of the whole Assessments of the County Rideing City or Towne for which hee is appointed Receiver Generall in case hee hath received the severall Duplicates of each Parish or Place therein and not otherwise shall allow and pay according to such Warrant as shall bee in that behalfe given by the said Commissioners or any of them One Halfe-penny in the Pound for the Commissioners Clerkes for theire paynes in faire writeing the Assessments Duplicates and Copies.
XPersons charged refusing, &c. to pay; Distress.
Collectors breaking open Doors, Chests, &c. to call in Constables, &c.; who are to aid Collectors.; Questions upon Distress determined by Commissioners.; Persons conveying away Goods, &c.; Commissioners may imprison; Except Peers.; Tenants to pay Rate, and may deduct.; Landlords to allow Deduction.
And bee it further Enacted and Declared That if any Person shall refuse or neglect to pay any Summe of Money whereatt hee shall bee rated and assessed That then itt shall and may bee lawfull to and for the said Collectors or any of them and they are hereby authorized and required to levy the Summe assessed by Distresse and Sale of the Goods of such Person soe refuseing or neglecting to pay and reasonable Charges of destraineing and restoreing the Overplus (if any bee) to the Owner thereof and to breake open in the day tyme any House and upon Warrant under the Hands and Seales of Three or more of the said Commissioners any Chest Trunk Box or other things where any such Goods are and to call to theire Assistance the Constables Tythingmen and Headboroughs within the Countyes Rideings Cityes Townes and Places where any Refusall Neglect or Resistance shall bee made Which said Officers are hereby required to bee ayding and assisting in the Premisses, as they will answere the contrary att theire Perills And if any Question or Difference happen upon takeing such Distresses the same shall bee ended and determined by the said Commissioners or any Three or more of them. And if any Person or Persons shall neglect or refuse to pay his or theire Assessment or convey his or theire Goods or other Personall Estate whereby the Summes of Money soe Assessed cannot bee levyed according to this Act then the respective Commissioners or any Three or more of them are hereby authorized to imprison such Person or Persons (except a Peere or Peeresse of this Realme) and him and them in Prison to detaine and keepe untill the Moneys soe assessed and the Charges for the bringing in the same bee paid and satisfyed and noe longer And the severall and respective Tenant or Tenants of all Houses and Lands which shall bee rated by vertue of this Act are hereby required and authorized to pay such Summe or Summes of Money as shall bee rated upon such Houses or Lands and to deduct out of the Rent soe much of the said Rates as in respect of the said Rents of every such House and Lands the Landlord should or ought to pay and beare. And the said Landlords both mediate and immediate according to theire respective Interests are hereby required to allow such Deductions and Payments upon the Receipt of the Residue of theire Rents.
XITenant paying, acquitted to Amount of Payment.
Difference between Landlord and Tenant as to Rate, Commissioners may settle.; Over Rate, Appeal to Commissioners.; If Proportions of Rate not fully assessed, or assessed upon Persons not of Ability; or upon empty Houses, &c.; or if Assessments not paid to Receiver General.; Commissioners, Assessors, &c. are to re-assess.; Such new Assessments to be made, &c. as former Assessment.
And itt is enacted and declared That every Tenant paying the said Assessments shall bee acquitted and discharged for soe much money as the said Assessments shall amount unto as if the same had beene actually paid unto such Person and Persons unto whome his Rents should have beene due and payable And if any Differences shall arise betweene Landlord and Tenant or any other concerning the said Rates the said severall Commissioners or any Three or more of them in theire severall Divisions shall and have hereby power to settle the same as they shall thinke fitt And if any Person or Persons shall find him or themselves aggrieved in that the Assessors have Over-rated him or them and shall in Six Dayes after demand made of the Summe of Money assessed on him or them complaine to Three or more of the Commissioners (whereof one of the Commissioners who signed or allowed his her or theire Assessments to bee one) the said Commissioners or any Three or more of them shall have and have hereby Power within Twelve Dayes after the Demand of the Assessment as aforesaid to relieve such Person or Persons and to charge the same on such other Person and Persons as they shall see cause And in case the Proportions sett by this Act upon all and every the respective Countyes Rideings Cityes Townes and Places shall not bee fully assessed levyed and payd according to the true meaneing hereof or if any of the said Assessments shall bee rated and imposed upon any Person not being of Ability to pay the same or X1upon any empty or void House or Land where the same cannot bee collected or levyed or that through any Wilfulnesse Negligence Mistake or Accident the said Assessment. charged on each County Rideing City Towne or Place by vertue of this Act happen not to bee payd to the Receiver Generall his Deputy or Deputies of the respective Counties as in this Act is directed That then in all and every such Cases the severall and respective Commissioners Assessors and Collectors aforesaid and every of them respectively are hereby authorized and required to assesse or re-assesse or cause to bee assessed or re-assessed levyed and paid all and every such Summe and Summes of Money upon the respective Countyes Rideings Cityes Townes and Places or upon any the Divisions Hundreds and Parishes therein as to the said Commissioners or such number of them as by this Act are authorized to cause the first Assessment hereby required to bee made shall seeme most agreeable to Equity and Justice The said new Assessment to bee made collected and paid in such manner and by such meanes as in this Act for this Assessment is declared and directed.
XIIPersons not executing Act, Commissioners may fine.
Levied by Distress.; Fine not to exceed £20.; As to taking same off.; Fines paid to Receivers General and by them into Exchequer.; Certificate thereof by Receiver General.
And bee it further enacted and declared by the Authority aforesaid That if any Person or Persons shall wilfully neglect or refuse to performe X1his or theire Duty in the due and speedy Execution of this present Act the said respective Commissioners or any Three or more of them have hereby Power to impose on such Person or Persons soe refuseing or neglecting theire Dutyes such Fine or Fines as by them shall bee thought fitt and to cause the same to bee levyed by Distresse and Sale of his and theire Goods. Provided that noe Fine to bee imposed by any of the said Commissioners shall for any one Offence exceed the Summe of Twenty Pounds which said Fine shall not bee taken off or discharged but by the consent of the majority of the Commissioners who imposed the same And that all Fines that shall bee imposed by vertue of this Act shall bee paid to the respective Receivers Generall and by them to the Receipt of Theire Majesties Exchequer and every Receiver Generall to whome any such Fine shall bee paid as aforesaid shall and is hereby required to returne a Certificate thereof in Parchment fairely written to the Office of the Kings Remembrancer as aforesaid before the Five and twentieth Day of January in the Yeare of our Lord One thousand six hundred ninety two and the like Certificate within the tyme aforesaid to the said Clerke of the Pells att the Receipt of the Exchequer that the same may be thereby knowne and charged in his Accompt
XIIICollector neglecting to pay or detaining Monies; Proceedings by Commissioners.
Commissioners so proceeding to appoint a General Meeting; Notice thereof.; Collectors not paying; Proceedings by Commissioners.
And itt is further enacted and declared That if any Collector that shall bee by vertue of this Act appointed for the Receipt of any Summe or Summes of money thereby to bee assessed, neglect or refuse to pay any Summe or Summes of money which shall by him bee received as aforesaid and to pay the same as in this Act is directed and shall detaine in his or theire Hands any money received by them or any of them and not pay the same as by this Act is directed the Commissioners of each County Rideing City or Towne respectively or any Three or more of them in theire respective Divisions are hereby authorized and impowered to imprison the Person and seize and secure the Estate both Reall and Personall of such Collector to him belonging or which shall descend or come into the Hands or Possession of his Heires Executors or Administrators where ever the same canne bee discovered and found And the said Commissioners who shall soe seize and secure the Estate of any Collector or Collectors shall bee and are hereby impowered to appoint a tyme for the Generall Meeting of the Commissioners for such County Rideing City Towne and Place and there to cause Publick Notice to bee given X1at the Place where such Rideing City Towne and Place and there to cause Publick Notice to bee given at the Place where such Meeting shall bee appointed Tenne Dayes att least before such Generall Meeting And the Commissioners present att such Generall Meeting or the major Part of them in case the Moneys detained by any Collector or Collectors bee not paid and satisfyed as itt ought to bee according to the Direcc[i]ons of this Act shall and are hereby impowered and required to sell and dispose of all such Estates which shall bee for the cause aforesaid seised and secured or any Part of them and satisfy and pay such County Rideing and Place the Summe which shall bee detained in the Hand of such Collector or Collectors theire Heires Executors and Administrators respectively
XIVAt Expiration of times for Quarterly Payments Commissioners are to call Collectors before them, &c. and, in case of Failure, to cause same to be levied.
And it is hereby further enacted and declared That att the Expiration of the respective tymes in this Act prescribed for the full Payment of the said Foure Quarterly Assessments the severall and respective Commissioners or any Three of them within theire Division and Hundred shall and are hereby required to call before them the Collectors within each respective Division and Hundred to examine and assure themselves of the full and whole Payment of the particular Summe and Summes of Money charged upon the same Division or Hundred and every Parish and Place therein and of the due returne of the same into the Hands of the Receivers Generall theire Deputy or Deputies of the said County Rideing City Towne and Place respectively and by such Receivers Generall into the Receipt of Theire Majesties Exchequer to the end there may bee noe failure in the Payment of any Parte of the Assessments by vertue of this Act to bee assessed and paid nor any Arreares remaine chargeable upon any the said Counties Rideings Cityes Townes or Places respectively And in case of any failure in the Premisses the said Commissioners or any three of them are hereby to cause the same to bee forthwith levyed and payd according to the true intent and meaneing of this Act.
XVOn Questions respecting Assessments, in which Commissioners concerned, they are to withdraw.
Penalty.
And itt is hereby enacted and declared That in case any Controversy arise concerning the said Assessments or the divideing apportioning or payment thereof which concernes any the Commissioners by this Act appointed that the Commissioners soe concerned in the said Controversie shall have noe voice but shall withdraw att the tyme of the Debate of any such Controversie untill it bee determined by the rest of the Commissioners And in default thereof that the Commissioners then present shall have power and are hereby required to impose such Fine or Fines as to them shall bee thought fitt upon such Commissioners soe refuseing to withdraw not exceeding the Summe of Twenty Pounds and to cause the same to bee Levyed and paid as other Fines to bee imposed by vertue of this Act are to bee levyed and paid.
XVIPrivileged Places, Persons, &c. not exempt.
Fee Farm and other Rents, Annuities, &c. liable.; Tenants to pay proportionably.; Indemnified.
And bee it further enacted and declared That noe Priviledged Place or Person Body Politick or Corporate within the Counties Rideings Cityes and Townes aforesaid shall bee exempted from the said Assessments and Taxes And that they and every of them and also all Fee-Farme Rents and all other manner of Rents Payments Summe and Summes of Money or Annuityes issueing out of any Lands shall bee lyeable towards the Payment of every Summe by this Act to bee taxed and levyed And all the Tenants are hereby directed and authorized to pay them proportionably according to the Rates and Assessments by this Act appointed and directed And all such Tenants shall bee hereby saved and kept harmlesse by Authority of this Act from any further Payment of any such Portion of any such Rent Rents Summes of Money or Annuityes to any p[er]son or p[er]sons to whom any such Rent Rents Su[m]mes of Money or Annuityes as aforesaid should or ought to bee paid to all Intents and Purposes whatsoever as fully and amply as if they had paid the same to any Person or Persons to whome the same is or are reserved or become due.
XVIIProviso for Colleges in the Two Universities, Colleges of Windsor, Eton, Winchester, and Westminster, and for Hospitals, in respect of Sites of Colleges, &c.
Christ's Hospital, &c.
Provided That nothing contained in this Act bee extended to charge any Colledge or Hall in either of the Two Universities or the Colledges of Windsor Eaton Winton or Westminster or any Hospitall for or in respect of the Scites of the said Colledges Halls or Hospitalls or any Master Fellow or Schollar of any such Colledge or Hall or any Reader Officer or Minister of the said Universities Colledges or Halls or any Master or Usher of any Schoole for or in respect of any Stipend Wages or Profitts whatsoever ariseing or growing due to them in respect of the said severall Places and Employments in the said Universityes Colledges or Schooles or to charge any of the Houses or Lands belonging to Christs Hospitall St Bartholomew Bridewell St Thomas and Bethlehem Hospitall in the City of London and Borough of Southwarke or any of them or any other Hospitall or Almeshouse for or in respect of any Rents or Revenues payable to the said Hospitalls or Almeshouses being to bee received and disbursed for the immediate use and reliefe of the Poore in the said Hospitalls or Almeshouses onely.
XVIIILands, &c. held by Lease from Hospitals, &c. to be rated at their yearly Value.
Provided That noe Tenants that hold and enjoy any Lands or Houses by Lease or other Grant from any of the said Hospitalls or Almeshouses doe clayme and enjoy X1any Freedome Exemption or Advantage by this Act but that all the Houses and Lands which they soe hold shall bee rated and assessed for soe much as they are yearely worth over and above the Rents reserved and payable to the said Hospitalls or Almeshouses to bee received and disbursed for the immediate support and releife of the Poore in the said Hospitals and Almeshouses:
XIXPersons having a House in one Parish, &c. and Goods in another, charged where they dwell.
Provided That where any Person inhabiteing within the City of London hath his Dwelling-House in one of the Parishes or Wards therein and hath any Goods Wares or Merchandizes in one or more of the other Parishes or Wards within the same That then such Person shall bee charged taxed and assessed for such his Goods or Merchandizes in the Parish or Ward where hee dwelleth and not elsewhere within the said City.
XXNo Clause in this Act to extend to lessen the Rate.
Provided neverthelesse That noe Clause or Provisoe in this Act shall extend to the lessening or abatement of the full Summe appointed by this Act to bee taxed levyed collected and payd but that the same bee fully assessed taxed levyed collected and paid in the severall and respective Countyes Cityes and Townes aforesaid in such manner and forme and to such uses as herein is before men[i]ned and declared.
XXIProceedings in case assessing by Pound Rate found to obstruct speedy bringing in Assessment.
Provided allwayes and bee itt hereby enacted and declared That in case the way or manner of assessing by a Pound-Rate shall prove any wayes prejudiciall or obstructing to the speedy bringing in of the Assessment or any part thereof appointed by this Act That then and in all such Cases the respective Commissioners or any Three of them are hereby authorized and required to order and direct theire respective Assessors (who are hereby required to proceed accordingly) to assesse the respective Summes charged on the respective Counties Rideings Cityes Boroughs Townes and Places mentioned in this Act according to the most just usuall Rates held and practised in such Counties Rideings Cityes Boroughs Townes and Places respectively Any thing in this Act to the contrary thereof contained in any wise notwithstanding.
XXIIProviso for Contracts between Landlord and Tenant as to Payment of Taxes.
Provided allwayes That nothing in this Act contained shall bee construed to alter change determine or make voyd any Contracts Covenants or Agreements whatsoever betweene Landlord and Tenant or any other Persons touching the Payment of Taxes and Assesssments Any thing herein before contained to the contrary notwithstanding.
XXIIIPlaces assessed in such County, &c. as heretofore.
Provided allwayes and bee it further Enacted and Declared by the Authority aforesaid That for the avoyding of all Obstrucc[i]ons and Delays in collecting the Summes by this Act to bee rated and assessed, all Places Constablewicks Divisions and Allottments which have used to bee rated and assessed shall pay and bee assessed in such County Hundred Rape and Wapentake as the same have heretofore beene usually assessed in and not elsewhere.
XXIVIn Actions brought touching Execution of this Act,
General Issue.; Treble Costs.
And bee it further Enacted by the Authority aforesaid That if any Action Plaint Suite or Information shall bee commenced or prosecuted against any Person or Persons for what hee or they shall doe in pursueance or in Execution of this Act such Person or Persons soe sued in any Court whatsoever shall and X1may plead the Generall Issue (Not Guilty) and upon any Issue joyned may give this Act and the Speciall Matter in Evidence And if the Plaintiffe or Prosecutor shall become Nonsuite or forbeare further Prosecution or suffer a Discontinueance or if a Verdict passe against him the Defendants shall recover theire Treble Costs for which they shall have the like remedy as in any case where Costs by the Law are given to Defendants
XXVReceivers General and their Deputies to give Acquittances to Collectors, without Fee.
The like Provision as to Parishes.; Such Acquittance to be a Discharge.
Provided allwayes and bee itt enacted by the Authority aforesaid That the severall Receivers Generall which shall bee appointed according to this Act theire Deputy or Deputies shall from tyme to tyme att every payment appointed thereby give unto the severall Collectors within theire respective Precincts upon the payment of the whole Summe due att such tymes of Payment from theire respective Parishes Constablewicks or Places within each of theire Collections severall Acquittances under theire Hands without takeing any thing for the same And that in like manner att every tyme of Payment appointed by this Act the Receiver Generall of each County his Deputy or Deputies shall give unto the severall Collectors aforesaid upon the Payment of the whole Summe or any parte thereof due for theire Parish or Place respectively att each tyme. of Payment aforesaid severall Acquittances under theire Hands and Seales without takeing any thing for the same which said Acquittances of the Receiver Generall his Deputy or Deputies shall bee a full and perfect Discharge to the Collectors and to such Parish or Place respectively and to every Person charged within the said Collectors Charge against Theire Majesties Theire Heires and Successors for the Summe or Summes of money soe acquitted.
XXVIWhen Lands, &c. unoccupied, and no Distress found, Collectors, Constables, &c. may enter and distrain.
Proceedings thereon.
Provided alwayes and bee it further enacted That in case any Lands or Houses in any Parish Place or Constablewick shall bee unoccupied and noe Distresse canne be found on the same by reason whereof the said Parish Place and Constablewick are forced to pay and make good the Tax assessed upon such Land lyeing unoccupied that then itt shall and may bee lawfull att any tyme after for the Collectors Constable or Tythingman of the said Parish Place or Constablewick for the tyme being to enter and distraine upon the said Land or Houses when there shall bee any Distresse thereupon to bee found and the Distresse and Distresses (being the proper Goods of the Owner or any claymeing any Estate Interest or Profitt under him) if not redeemed within Foure Dayes by payment of the Tax and charge of the Distresse to sell rendring the Overplus to the Owner or Owners of such Distresse And the said Collector Constable or Tythingman is hereby enjoyned to distribute the Money raised by the said Distresse or Sale thereof proportionably to the Parties who contributed to the Tax of the said unoccupied Lands.
XXVIIWhere Woodland assessed, and no Distress had, Collectors, &c. may cut and sell Wood growing.
Buyers of such Wood may sell, &c. same, rendering Overplus to Owner.
Provided allwayes and bee itt enacted That where any Woodlands shall bee assessed and noe Distresse canne bee had that in such case it shall and may bee lawfull to and for any Collector Constable Headborough or Tythingman by Warrant under the Hands and Seales of Three or more of the Commissioners of that Hundred or Division att seasonable tymes of the Yeare to cutt and sell to any Person or Persons soe much of the Wood growing on the Woodlands soe assessed as will pay the Assessment or Assessments soe behind and unpaid and the charge incident thereunto and that itt shall and may bee lawfull for the Person and Persons and his and theire Assignes to whome such Woods shall bee sold to sell cutt downe dispose and carry away the same to his owne use rendring the Overplus (if any bee) to the Owner any Law to the contrary notwithstanding.
XXVIIIProceedings where Assessment charged on Tithes and other Property not distrainable.
Provided allwayes and bee itt further enacted That where any Tax or Assessment shall bee charged or laid upon any Tythes Tolls Profitts of Marketts Faires or Fishery or other Annuall Profitts not distrainable in case the same shall not bee paid within Fifteene Dayes after such Assessment soe charged or laid and demanded then itt shall and may bee lawfull to and for the Collector Constable or other Officer thereunto appointed by Warrant under the Hands and Seales of any Three or more of the Commissioners authorized by this Act to seize take and sell soe much of the said Tythes Tolls and other Profitts soe charged as shall bee sufficient for the levying the said Tax and Assessment and all Charges occasioned by such Non-payment thereof rendring the Overplus to the Owner if any bee.
XXIXReceivers General certifying Arrears to be due where the Monies have been received.
Penalty to Party.; Penalty to their Majesties.
And for the better preventing of such unjust Vexations as might bee occasioned by such Persons as shall bee appointed Receivers Generall of any the Summes of Money granted by this Act and to the intent that the said Receivers Generall may returne a true Accompt into Theire Majesties Court of Exchequer of such Summes of Money as shall bee received by them and every of them theire and every of theire Deputy and Deputies Bee it further enacted by the authority aforesaid That if any Receiver Generall shall returne or certify into the said Court any Summe or Summes of Money to bee in arreare X1and unpaid after the same have beene received either by such Receiver Generall or by his Deputy or Deputies or any of them or shall cause any Person or Persons to bee sett Insuper in the said Court for any Summe or Summes of Money that hath beene soe received that then every such Receiver Generall shall forfeite to every Person and Persons that shall bee molested vexed or damaged by reason of such unjust Certificate Returne or setting Insuper the Damages that shall bee thereby occasioned the said Damages to bee recovered by Action of Debt Bill Plaint or Informac[i]on in which noe Essoigne Protection or Wager of Law shall be allowed nor any more then one Imparlance and shall also forfeite to Theire Majesties Theire Heires and Successors the Summe that shall bee soe unjustly certifyed or returned or caused to be sett Insuper.
XXXQuarterly Payments to be made to Receiver General and by them into the Exchequer within 20 Days after the times before mentioned.
And bee itt further enacted by the Authority aforesaid That the said Foure Quarterly Payments of One hundred thirty seaven thousand six hundred forty one Pounds eighteene shillings two pence by the Moneth amounting in each of the Foure Quarters to the Summe of Foure hundred and twelve thousand nine hundred twenty five pounds fourteene shillings and six pence shall bee assessed collected levyed and paid to the Receiver Generall of the severall Counties that shall bee appointed by the tymes mentioned and expressed in this Act and shall bee paid by the said Receivers Generall into Theire Majesties Receipt of the Exchequer within Twenty Dayes after the said tymes menc[i]oned and expressed in this Act
XXXIReceivers General to become bound.
Condition of Bond.; Such Bond to be transmitted to the Exchequer.
And bee it further enacted That every Receiver Generall to bee appointed by Theire Majesties by vertue of this Act before hee enter upon the Execution of this Office shall become bound with sufficient Sureties to Theire Majesties before the Lord High Treasurer or Lords Commissioners of the Treasury for the tyme being in such Summe or Summes as the said Lord Treasurer or Lords Commissioners shall direct with condition that hee his Heires Executors Administrators Deputy or Deputies shall truly account and pay all and every such Summe and Summes of Money as shall come to his hand or as hee shall may or reasonably might receive or bee charged with by this Act concerning his said Office of Receiver Generall into the Receipt of Theire Majesties Exchequer att the tymes in this Act respectively lymited and appointed for the same and to doe and performe all and every other thing and things hereby required by him to bee done executed and performed every of which Bonds shall bee forthwith transmitted by the said Lord High Treasurer or Lords Commissioners of the Treasury to the Office of the Kings Remembrancer of the Exchequer to bee there deposited.
XXXIIWhat Persons not to be Receivers General under this Act.
Receiver General to enter Certificate of his Name and Place of Abode with Clerk of the Pells.; On Default of Payment by Receiver, Proceedings.
Provided allwayes That noe Person shall bee capable of being a Receiver Generall by vertue of this Act who hath beene Receiver Generall of any Ayds or Summes of Money heretofore granted to Theire Majesties by any Act of Parliament and shall not passe his Accompt and obtaine his Quietus out of the Pipe for the same and produce a Certificate thereof to the Lord High Treasurer or Lords Commissioners of the Treasury before the last Day of Trinity Terme in the Yeare of our Lord One thousand six hundred ninety and two. Provided allwayes That every such Receiver Generall to bee hereby appointed shall upon the Receipt of his Commission for the said Office enter a Certificate of his Name and Place of Abode in the said Office of the Clerke of the Pells to the end that the said Clerke by him or his Deputy or Clerkes in that Office may have the meanes from tyme to tyme to enquire of the Performance of the Trust of such Receivers Generall respectively in the due Payment of the Money by him from tyme to tyme received into the Receipt of the Exchequer and upon any Neglect or Default of such Payment to informe the said Lord High Treasurer or Lords Commissioners of the Treasury therewith that a due course and remedy may bee by them applyed as the case may require
XXXIIICommissioners not liable for Penalties of 25 Car. II. c. 2.
And bee it further enacted by the Authority aforesaid That noe Commissioner or Commissioners who shall bee imployed in the execution of this Act shall bee lyeable for or by reason of such Execution to any of the Penalties mentioned in an Act made in the Five and twentieth Yeare of the Reigne of King Charles the Second entituled An Act for preventing Dangers which may happen from Popish Recusants.
XXXIVCommissioners to take the Oath of 1 W. & M. Sess. 1. c. 8.
Which Commissioners may administer.; Acting without taking the Oath; Penalty £200.
Provided allwayes and bee itt enacted That noe Person shall bee capable of acting as a Commissioner in the execution of this Act before hee shall take the Oaths appointed by an Act of the last Parliament entituled An Act for abrogating of the Oaths of Supremacy and Allegiance and appointing other Oaths which Oaths itt shall bee lawfull for any Two or more of the Commissioners to administer and they are hereby required and authorized to administer the same to any other Commissioner And in case any Person hereby named a Commissioner shall presume to act as a Commissioner in the execution of this Act before hee shall have taken the said Oaths hee shall forfeite to Theire Majesties the Summe of Two hundred Pounds,
XXXVReceivers General before the end of Trinity Term.; 1693 to finish their Accounts.
Accounts audited declared before Barons of the Exchequer.; Proceedings thereon.; Quietus est to Accountants.
And bee it further enacted by the Authority aforesaid That all and every of the Receivers Generall appointed by this Act as aforesaid shall and are hereby required before the end of Trinity Terme in the Yeare of our Lord One thousand six hundred ninety three to make and finish theire and every of theire respective Accompts of the Money by them received and paid into Theire Majesties Exchequer by vertue of this Act before the Auditors appointed or to bee appointed for takeing and auditeing thereof And the said Accompts soe taken and audited shall bee within the said tyme declared before the Barons of the Court of Exchequer or one of them and within Eight and twenty Dayes after such Declarac[i]on made shall bee transmitted to the Office of the Kings Remembrancer of the Exchequer and from thence to the Treasurers Remembrancer to bee by him sent over to the Clerke of the Pipe to bee ingrossed upon the great Roll of the Pipe or Roll of Foreigne Accompts there to charge the Supers thereupon descending according to the usuall Course and Custome of the Exchequer and the said Clerke of the Pipe is hereby authorized and required to give such Discharges and Quietus est to all and every of the said Accomptants that shall finish and perfect theire Accompts as aforesaid to charge the Supers depending upon any of them and to doe and performe all other thing and things relateing thereunto according to the usuall Course and Custome of Theire Majesties Exchequer in such cases
XXXVIRents, Charges, &c. to be assessed in the Proportion as the Lands out of which they issue.
Provided allwayes and itt is hereby declared and enacted That all Rent Charges Fee-Farme Rents and other Rents shall bee assessed rated and taxed proportionably according to such Rates and Proportions onely as the Lands and other Hereditaments (out of which the same are issueable and payable) shall bee assessed rated and taxed and not otherwise.
XXXVIIProviso respecting King's Bench Prison; and the Marshalsea.
Provided allwayes That the Prison of Kings Bench the Prison-House Lands Gardens and the Common side and all the Rents Profitts and Perquisites of the Office of the Marshall of the said Kings Bench Prison lyeing and being in the Parish of Saint George the Martyr in the Borough of Southwarke and County of Surrey And alsoe the Prison-House Lands and Gardens of the Prison of the Marshall of the Marshalsea Prison and all Offices Perquisites and Profitts thereof lyeing and being also in the said Parish of St George in the Borough of Southwarke and County of Surrey shall bee charged and assessed to this Assessment in the said Parish of Saint George Borough of Southwarke and not elsewhere Any thing to the contrary in any wise notwithstanding.
XXXVIIIPersons may lend Money to Their Majesties on this Act at £7 per Cent. per Ann.
Provided allwayes and itt is hereby enacted That itt shall and may bee lawfull to and for any Person and Persons to advance and lend unto Theire Majesties upon the Security of this Act any Summe or Summes of Money and to have and receive for the forbearance thereof any Summe not exceeding Seaven Pounds by the Hundred for One whole Yeare and noe more directly or indirectly.
XXXIXRepayment of such Monies how secured.
Register 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, &c.; 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 bee lent unto Theire Majesties upon the Creditt of this Act may bee well and sufficiently secured out of the Moneys ariseing and payable by this Act Bee it further enacted by the Authority aforesaid That there shall bee provided and kept in Theire Majesties Exchequer (that is to say) in the Office of the Auditor of the Receipts one Booke or Register in which all Moneys that shall bee paid into the Exchequer by Vertue of this Act shall bee entred and registred apart and distinct from all other Moneys paid or payable to Theire Majesties upon any other Branch of Theire Majesties Revenue or upon any other Accompt 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 Receipt of the Exchequer shall immediately have a Tally of Loane struck for the same and an Order for his Repayment beareing the same Date with his Tally In which Order shall bee also contained a Warrant for payment of Interest for Forbearance thereof not exceeding Seaven pounds per Centum per Annum for his Consideration to bee paid every Three Moneths until repayment of his Principall And that X1all Orders for repayment of money shall bee 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 bee paid in course according as theire Orders shall stand entred in the said Register Booke soe as that the Person Native or Forreigner his Executors Administrators and Assignes who shall have his Order or Orders first entred in the said Book of Register shall bee taken and accounted as the first Person to bee paid upon the moneys to come in by vertue of this Act And hee or they who shall have his or theire Order or Orders next entred shall bee taken and accounted to bee the second Person to bee paid and soe successively and in course And that the moneys to come in by this Act shall bee in the same Order lyeable to the satisfacc[i]on of the said respective Parties theire Executors Administrators or Assignes successively without preference of one before another and not otherwise and not to bee divertible to any other Use Intent or Purpose whatsoever And that noe Fee Reward or Gratuity directly or indirectly bee demanded or taken of any Theire Majesties Subjects for provideing or makeing of any such Bookes Registers Entryes View or Search in or for payment of money lent or the Interest as aforesaid by any of Theire Majesties Officer or Officers theire Clerkes or Deputies on Paine of payment of Treble Damages to the Party grieved by the Party offending with Costs of Suite Or if the Officer himselfe take or demand any such Fee or Reward then to loose his Place also And if any undue preference of one before another shall bee 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 bee lyeable by Action of Debt or on the case to pay the Value of the Debt Damages and Costs to the Party grieved and shall bee forejudged from his Place or Office And if such preference bee unduely made by any his Deputy or Clerke without direc[i]on or privity of his Master then such Deputy or Clerke onely shall bee lyeable to such Action Debt Damages and Costs and shall bee 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 hee or they shall bee judged to forfeite and theire respective Deputies and Clerkes herein offending to bee lyeable to such Action Debt Damages and Costs in such manner as aforesaid All which said Penalties Forfeitures Damages and Costs to bee incurred by any of the Officers of the Exchequer or any theire Deputies or Clerkes shall and may bee recovered by Action of Debt Bill Plaint or Informac[i]on in any of Theire Majesties Courts of Record att Westminster wherein noe Essoigne Protection Priviledge Wager of Law Injunction or Order of Restraint shall bee in any wise granted or allowed.
XLProviso where several Tallies bear Date the same Day.
Paying subsequent Orders, no undue Preference, if sufficient reserved to satisfy preceding Orders.
Provided allwayes and bee itt hereby declared That if itt happen that severall Tallyes of Loane or Orders for Payment as aforesaid beare date or bee brought the same day to the Auditor of the Receipt to bee registred then itt shall bee interpreted noe undue preference which of those hee enters first soe hee enters them all the same day. Provided also That itt shall not bee interpreted any undue Preference to incurre any Penalty in point of Payment if the Auditor direct and the Clerke of the Pells record and the Tellers doe pay subsequent Orders of Persons that come and demand theire money and bring theire Order X1before other p[er]sons that did not come to demand theire Money & bring theire Order in theire course soe as there bee soe much money reserved as will satisfie precedent Orders which shall not bee otherwise disposed but kept for them Interest upon Loane being to cease from the tyme the money is soe reserved and kept in Bank for them.
XLIOrders for Payment of Money lent may be assigned by Indorsement.
Memorial thereof without Fee.; Assignee may in like manner assign.
And bee itt further enacted by the Authority aforesaid That every Person or Persons to whome any money shall bee due by vertue of this Act after Order entred in the Booke of Register aforesaid for Payment thereof his Executors Administrators or Assignes by Indorsement of his Order may assigne and transferre his Right Title Interest and Benefitt of such Order or any parte thereof to any other which being notified in the Office of the Auditor of Receipt aforesaid and an Entry or Memoriall thereof alsoe made in the Booke of Register aforesaid for Orders which the Officers shall upon Request without Fee or Charge accordingly make shall intitle such Assignee his Executors Administrators and Assignes to the Benefitt thereof and Payment thereon and such Assignee may in like manner assigne againe and soe toties quoties and afterwards itt shall not bee in the power of such Person or Persons who have or hath made such Assignements to make voyd release or discharge the same or any the moneys thereby due or any parte thereof.
XLIIOut of the Monies raised by this Act £1,000,000 applied to the Payment of Seamen and Stores, Office of Ordnance and other necessary Naval Services.
And bee itt Enacted That out of the money which shall bee levyed and paid by vertue of this Act into the Receipt of the Exchequer as well by Loane as otherwise the Summe of Tenne hundred thousand pounds shall bee and is hereby applyed and appropriated to and for the Payment of Officers and Seamen that have served and shall serve in Theire Majesties Navy Royall and for the paying for Stores Provisions and Victualls supplyed and to bee supplyed for the said Navy and to and for the Expences of Theire Majesties Office of the Ordnance in respect to Navall Affaires and for other necessary Uses and Services performed and to bee performed in and for the said Navy.
XLIIICollector keeping Money in hand, or paying to Persons other than the Receiver General.
Penalty £5.; Receiver General or Deputy paying Monies paid to him to Persons other than the Exchequer, or paying by Warrant upon Tally of Pro or Tally of Anticipation, &c. to divert Payment into the Exchequer.; Penalty £500.
And for the effectuall doeing thereof and that the said Summe of Tenne hundred thousand pounds hereby appropriated to the Uses aforesaid may not bee diverted or applyed to any other Purpose And alsoe to the intent that all the moneys given by this Act may bee duely paid into Theire Majesties Exchequer Bee itt further enacted That if any Collector of any Parish or Place shall keepe in his hands any part of the money by him collected for any longer tyme then is by this Act directed (other then the Allowance made unto him by this Act) or shall pay any parte thereof unto any Person or Persons other then the Receiver Generall of such County or Place or his respective Deputy That every such Collector shall forfeite for every such Offence the Summe of Five pounds And in case any Receiver Generall or his Deputy shall pay any parte of the moneys paid to him or them by any Collector by vertue of this Act to any Person or Persons whatsoever (other then the Receipt of Theire Majesties Exchequer) and that att or within the respective tymes lymited by this Act or in case such Receiver Generall or his Deputy shall pay any parte of the said moneys by any Warrant of the Commissioners of the Treasury or the Lord Treasurer Under Treasurer or Commissioners of the Treasury for the tyme being or upon any Tally of Pro or Tally of Anticipation or other Way or Device whatsoever whereby to divert or hinder the actuall payment thereof into the Receipt of the Exchequer as aforesaid That then such Receiver Generall shall for every such Offence of himselfe or his Deputy forfeite the Summe of Five hundred Pounds to him or them that shall sue for the same in any Court of Record by Bill Plaint or Information wherein noe Essoigne Protection or Wager of Law is to bee allowed.
XLIVTreasury not to direct Warrant to Collectors, &c. for Payment to Persons other than into Exchequer; nor to the Officers of Exchequer for striking of Tally of Pro, &c.
Officers not to strike, &c. any such Tally, &c.
And itt is hereby further enacted That the Commissioners of the Treasury or the Lord Treasurer UnderTreasurer or Commissioners of the Treasury for the tyme being or any of them doe not direct any Warrant to any of the said Collectors or Receivers Generall or theire Deputies for the Payment of any parte of the moneys hereby given to any Person or Persons other then into the Receipt of the Exchequer as aforesaid Nor shall they or any of them direct any Warrant to the Officers of the Exchequer for the strikeing of any Tally of Pro or Tally of Anticipation or doe any other matter or thing whereby to divert the actuall payments of the said moneys into the Receipt of the Exchequer Nor shall the Officers of the Exchequer strike or direct or record the strikeing of any Tally of Pro or Tally of Anticipation upon any of the said moneys upon any Account or Warrant whatsoever Nor shall any Teller throw downe any Bill whereby to charge himselfe with any of the said moneys untill he shall have actually received the same.
XLVOfficers of Exchequer to keep Accounts of the said £1,000,000 distinct.
Regulations as to issuing such Money to Treasurer of the Navy and Treasurer of the Ordnance.
And itt is hereby further enacted That the Officers of the Receipt of the Exchequer respectively shall and are hereby required to keepe the said Summe of Tenne hundred thousand pounds hereby appropriated and the accompt thereof distinct from all other Moneys, and Accompts whatsoever And that the Lord High Treasurer UnderTreasurer or Commissioners of the Treasury for the tyme being or any of them respectively doe not signe any Warrant or Order or doe any Matter or Thing for the issueing or paying any parte of the said Summe of Tenne hundred thousand Pounds by this Act appropriated to any Person or Persons other then the Treasurer of the Navy or his Deputy and the Treasurer of the Ordnance or his Deputy for the Uses aforesaid Nor shall the Auditor of the Receipt draw any Order whatsoever for the issueing any parte of the said Summe of Tenne hundred thousand Pounds hereby appropriated to any Person or Persons other then the said Treasurer of the Navy or his Deputy and the Treasurer of the Ordnance or his Deputy as aforesaid Nor shall hee direct or the Clerke of the Pells Record or any Teller make Payment of any of the said appropriated money by vertue of any Warrant or upon any Order or other Way or Device whatsoever other then to the Persons and for the Uses aforesaid and to bee soe mentioned and expressed in such Warrant or Order.
XLVITreasurer of the Navy and Treasurer of the Ordnance to keep Monies apart.
Regulations for Treasurer of the Navy and Ordnance issuing and paying Monies in respect of the said £1,000,000.
And itt is hereby further enacted That the Treasurer of the Navy and the Treasurer of the Ordnance for the tyme being shall keepe such parte of the said Summe of Tenne hundred thousand Pounds appropriated as aforesaid by vertue of this Act as shall bee paid to them respectively distinct and apart from all other moneys And the Treasurer of the Navy shall issue and pay such parte of the said Summe as shall bee paid in to him by Warrant of the Principall Officers and Commissioners of the Navy or any Three or more of them And the Treasurer of the Ordnance X1shall issue and pay such parte of the said Summe as shall bee paid in to him by Warrant of the Principall Officers of the Ordnance or any Three of them mentioning and expressing in the respective Warrant the respective Uses for which the same is respectively issued and paid according to the respective Appropriations thereof and applying the same which said Principall Officers and Commissioners of the Navy and Principall Officers of the Ordnance are to follow therein the Order and Direction of the Lord High Treasurer or Lords Commissioners of the Treasury for the tyme being for apportioning the same for the Payment of the Officers and Seamen Stores Provisions Victualls and the Office of Ordnance as aforesaid in such just and proportionable Distributions as may bee most agreeable to the true intent of this Act.
XLVIIAnd for Commissioners of Navy as to signing Navy Bills, &c. for issuing such Money.
And itt is hereby further Enacted That the Principall Officers and Commissioners of the Navy or any of them or Principall Officers of the Ordnance or any of them shall not signe any Navy Bill or Warrant or doe any other act or thing for the issueing and paying any parte of the said Summe of Tenne hundred thousand pounds soe appropriated by this Act to any Use Intent or Purpose whatsoever other then for the respective Uses for which the same is appropriated as aforesaid and to bee soe mentioned and expressed in such Navy Bill or Warrant
XLVIIIOfficers appointed to receive the said £1,000,000 misapplying same.
Penalty.
How applied.
And itt is further Enacted That if any of the Officers which are appointed by this Act to receive the said Summe of Tenne hundred thousand pounds hereby appropriated or any parte thereof shall after the receipt of the said money divert or misapply the same or any parte thereof by vertue of any Warrant from the Commissioners of the Treasury or from the Lord Treasurer or other Superior Officers for the tyme being contrary to the true intent of this Act That then such Officer or Officers soe diverting or misapplying the said money shall forfeite the like Summe soe diverted or misapplyed which said Forfeiture shall bee recovered by Action of Debt Bill Plaint or Informac[i]on in any of Theire Majesties Courts of Record att Westminster wherein noe Essoigne Protection or Wager of Law shall bee allowed The one Moiety of which Forfeiture soe to bee recovered shall bee to the Informer or him who shall sue for the same the other Moiety thereof to bee distributed to the Poore of the Parish where such Offence shall be com[m]itted.
XLIXOfficers of Exchequer, Navy, or Ordnance misapplying the same Monies.
Penalty.
And bee itt further enacted That if any Officer or Officers mentioned in this Act or in any wise belonging to the Exchequer or Navy or Ordnance shall willingly and wilfully offend against this Law or any Clause thereof by diverting or misapplying any parte of the said Summe of Tenne hundred thousand pounds appropriated as aforesaid contrary to the true intent of the said Act That for any and every such Offence such Officer and Officers soe offending shall forfeite his Office and Place and is and are hereby disabled and made uncapable to hold or execute the said Office or any other Office whatsoever for the future.
LNo Stay of Prosecutions, &c. in Actions for Penalties.
Provided alsoe and bee itt enacted That noe stay of Prosecution upon any Command Warrant Motion Order or Direction by non vult ulterius prosequi shall bee had made admitted received or allowed by any Court whatsoever in any Suite or Proceeding by Action of Debt Bill Plaint or Information or otherwise for the recovery of all or any the Paines Penalties or Forfeitures upon any Person or Persons by this Act inflicted or therein menc[i]oned or for or in order to the Conviction or Disability of any Person offending against this Act.
LIOut of Monies appropriated to Navy Stores and Naval Ordnance, Naval Stores and Provision other than Victualling paid in course.
The like Regulation as to Payment of Ordnance.; Comptroller of the Navy and Store keeper of Ordnance to keep Books, &c. for Registry of Bills, &c.; Recourse had thereto without Fee.; Undue Preference by Officer.; Action for Party.; Double Damages and Costs.
Provided alwayes and bee itt enacted That out of the moneys hereby appropriated to and for the Payment of Officers and Seamen that have served and shall serve in Theire present Majesties Navy Royall and to and for the paying for Stores Provisions and Victualls as therein expressed and to and for the expences of Theire Majesties Office of the Ordnance in respect to Navall Affaires and for other necessary Uses and Services performed and to bee performed for the said Navy all such part thereof as shall bee issued and paid by the Treasurer of the Navy by Warrant of the Principall Officers and Commissioners of the Navy or any Three or more of them for Navall Stores and Provisions other then for Victualling shall bee paid in course to every Person or Persons or theire Assignes to whome any such money is or shall bee due according to the Dates of the Bills or Contracts registred for the same and not otherwise And that out of all such further parte of the said moneys as shall bee issued and paid to the Lieutenant and Principall Officers of the Ordnance or X1the Pay-master thereof or his Deputy for the expence of Theire Majesties Ordnance as to Navall Affaires and by them or the said Pay-master respectively and to any Person or Persons for Ammunition or any other Use or Service relateing to the Office of the Ordnance shall bee in like manner paid in Course to every such Person or Persons or theire Assignes respectively according to the respective Dates of the Bills and Contracts for the same and not otherwise And the Comptroller of the Navy and Storekeeper of the Ordnance are hereby respectively required to keepe one or more Booke or Bookes in theire respective Offices wherein all Bills and Contracts in reference to the Navy and Office of the Ordnance for such Bill and Contracts respectively as aforesaid shall bee duely registred that all and every Person or Persons concerned therein may have recourse thereunto without paying any Fee or Reward for soe doeing And if any preference of one before another shall bee made either in point of registry or payment contrary to the true meaneing of this Act either by the said Treasurer of the Navy or Pay-Master of the Ordnance or Comptroller of the Navy or Storekeeper of the Ordnance or any of them or theire respective Deputies or Clerkes then the Party offending shall bee lyeable by Action of Debt or on the case to pay double the Value of the Debt Damages and Costs to the Party grieved All which said Penalties Damages and Costs to bee incurred by the Persons aforesaid or any of them respectively shall and may bee recovered by the said Party grieved by Action of Debt Bill Plaint or Information in any of Theire Majesties Courts of Record att Westminster wherein noe Essoigne Protection Priviledge Wager of Law Injunction or Order of Restraint shall bee in any wise granted or allowed.
LIIPrincipal Officers of the Ordnance may pay by Imprest.
Provided neverthelesse That it shall and may bee lawfull for the said Lieutenant & Principall Officers of the Ordnance upon any emergent or extraordinary Occasion to pay any of the said Moneys appropriated by this Act to any Person or Persons upon Accompt by way of Imprest Any thing herein contayned to the contrary notwithstanding.
LIIINot undue Preference to pay subsequent Bills first demanded if sufficient left for preceding Bills.
Provided also That itt shall not bee construed any Preference to incurre any Penalty in point of payment in course as aforesaid if the said Treasurer of the Navy or Pay-master of the Ordnance or theire Deputies respectively doe pay subsequent Bills of Persons which come and demand theire money and bring theire Warrant or Order in theire course for the same soe as there bee soe much money reserved as will satisfy precedent Bills or Contracts registred as aforesaid which shall not bee otherwise disposed of but kept for them in the said respective Offices.
LIVAncient legal Fees only allowed.
Table of Fees to be presented to Parliament by Barons of Exchequer.
Provided allwayes and bee itt enacted That noe Fees shall bee demanded or taken by any Officer of the Exchequer or of any of the Offices thereof for the receiveing or issueing any of the money granted by this Act or any other Act of this present Parliament for Aids or Supplyes to Theire Majesties but such antient legall Fees as shall bee allowed by the Lord Chiefe Baron and Barons of the Coife of the Court of Exchequer to bee such and not otherwise And that the said Chiefe Baron and Barons shall and are hereby required to present a Table or Schedule of the said Fees soe by them allowed to the Lords and Commons assembled in Parliament att the next Session to bee holden for this or any next succeeding Parliament.