{
  "url": "https://openlegislation.uk/stamps-act-1694/section-XVII",
  "json_url": "https://openlegislation.uk/stamps-act-1694/section-XVII.json",
  "legislation": "aep/WillandMar/5-6/21",
  "legislation_title": "Stamps Act 1694",
  "legislation_url": "https://openlegislation.uk/stamps-act-1694",
  "path": "section/XVII",
  "kind": "section",
  "number": "XVII",
  "heading": "Distinct Books of Receipts in the Exchequer.",
  "text": "Tally and Order to the Lender; Orders registered and paid in course; Monies not to be diverted; Officer taking Fee or paying out of course; Penalty; Undue Preference by Officer; Penalty; by Deputy; Penalty; Auditor, &c. offending; Penalty; Penalties how recovered.\nAnd be it further enacted by the authority aforesaid that there shall be provided and kepte in theire Majesties Exchequer (that is to say) in the Office of the Auditor of the Receipt one booke in which all moneyes that shall be paid into the Exchequer by virtue of this Act shall be entered and registered aparte and distincte from all other moneyes paid or payable to theire Majesties upon any account whatsoever; and that all and every person and persons Natives or Forreigners Bodyes Politicke or Corporate who shall lend any money to theire Majesties upon the creditt of this Act and pay the same into the Receipte of the Exchequer shall imediately have a Tally of Loan struck for the same and an Order for his or theire repayment beareing the same date with the Tally in which Order shall also be contained a warrant for payment of interest for forbearance not exceedeing the rates aforesaid for his or theire considerac[i]on to be paid every three months untill the repayment of his or theire principall; And that all Orders for repayment of money shall be registered in course according to the date of the Tally respectively without p[re]ference of one before another; And that all and every person and persons shall be paid in course according as theire Orders shall stand registered in the said booke soe as that the person Native or Forreigner his or theire Executors Administrators or Assignes who shall have his her or theire Order or Orders first entered in the said Booke shall be taken and accounted as the first person to be paid upon the moneys to come in by virtue of this Act and he or they who shall have his or theire Order or Orders next entered shall be taken and accounted to be the second person to be paid and soe successively and in course; and that the moneys to come in by this Act shall be in the same order lyable to the satisfacc[i]on of the said respective Parties theire Executors Administrators or Assignes successively without p[re]ference 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 theire Majesties Subjects for provideing or makeing any such Bookes Registers Entries Views or Search as aforesaid or in or for the payment of moneye lent or the interest as aforesaid by any of theire Majesties Officer or Officers theire Clerks or Deputyes on paine of payment of treble damages to the party 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 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 and costs to the party greived and shall be forejudged from his place or office; And if such p[re]ference be unduely made by his Deputy or Clerke without direcc[i]on or privitye 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 directe 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 theire respective Deputies and Clerks herein offending to be liable to such Acc[i]on 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 theire Deputyes or Clerks shall and may be recovered by Acc[i]on of Debt Bill Plainte or Informac[i]on in any of theire Majesties Courts of Record att Westminster wherein noe Essoign Protecc[i]on Privilege Wager of Lawe Injuncc[i]on or Order of Restrainte shall be in any wise granted or allowed:-",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "X",
      "label": "X1",
      "text": "Variant reading of the text noted in The Statutes of the Realm as follows: be also O. [O. refers to a collection in the library of Trinity College, Cambridge]"
    },
    {
      "type": "X",
      "label": "X2",
      "text": "Variant reading of the text noted in The Statutes of the Realm as follows: View O. [O. refers to a collection in the library of Trinity College, Cambridge]"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/aep/WillandMar/5-6/21/section/XVII",
    "retrieved_at": "2026-10-28T20:23:50.643182+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}