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Section LIII Books provided.

Original text. Later amendments are not shown.

Tally or Loan to Lender and Warrant for Interest, payable every Three Months; 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, and loss of Office; By Deputy; Penalty and Incapacity; Auditor, Clerk of the Pells, or Teller not making Payments in due Order; Penalty; How all such Penalties to be recovered.

And bee it further enacted by the authority aforesaid That there shall bee provided and kept in his Majesties Excheq[uer] (that is to say) in the Office of the auditor of the Receipts one Book in which all moneys that shall bee paid into the Excheq[uer] by: virtue of this Act shall bee entred and registred apart and distinct from all other moneys paid or payable to his Majestie upon any account whatsoever And that all and every person and persons Natives or Foreigners Bodies Politick or Corporate who shall lend any money to his Majestie upon the creditt of this Act & pay the same into the Receipt of the Excheq[uer] shall im[m]ediately have a Tally of Loan struck for the same and an order for his or their repayment beareing the same date with the Tally in which order shall bee alsoe contained a Warrant for payment of interest for forbearance not exceeding the rates aforesaid for his or their consideration to bee paid every Three months until the repayment of his or their principal And that all Orders for repayment of money shall bee 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 bee paid in course according as their orders shall stand registred in the said Book soe as that the person Native or Foreigner his or their Executors Administrators or Assignes who shall have his her or their order or orders first entred in the said Book shall bee taken and accounted as the first person 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 soe 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 or Assignes successively without p[re]ferrence 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 of his Majesties Subjects for providing or makeing of any such Books Registers Entries View or Search as aforesaid or in or for the payment of money lent or the interest as aforesaid by any of his Majesties Officer or Officers their Clerks or Deputies on pain of payment of treble damags to the party grieved by the party offending with Costs of Suit or if the Officer himselfe take or demand any such fee or reward then to lose his place alsoe and if any undue p[re]ferrence of one before another shall bee 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 bee lyable by action of debt or on the case to pay the value of the debt damages and costs to the party X1greved and shall bee forejudged from his place or office And if such preferrence bee unduely made by any his Deputy or Clerk without direction or privity of his Master then such Deputy or Clerk onely shall bee liable 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 or the Clerk of the Pells record or the Tellers make payment according to each persons due place and order as before directed then hee or they shall bee judged to forfeit and their respective Deputies and Clerks herein offending to bee lyable 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 aforesaid or any their deputies or clerks shall and may bee recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record att Westminster wherein noe Essoigne Protection Priveledge Wager of Law Injunction or Order of Restraint shall bee in any wise granted or allowed.

Annotations

Editorial notes

X1

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