Section VI Such Orders to be registered according to Date of Tally.
Orders for Repayment of Money lent to be registered in course according to Date of Tally.; and Persons paid in course as Orders stand entered.; Monies raised under Act liable in the same Order for such Repayment, and not to be divertible to any other Use.; No Fee for providing such Books, or making Entries, &c. or for Payment of the Money so lent; Penalty. Undue Preference by Officer; Action by Party grieved, and Loss of Place.; The like as to Deputy.; Auditor, Clerk of the Pells, or Teller offending liable to Forfeiture, and Deputies to Action.; Penalties, &c. how to be recovered.
And it is hereby further enacted by the Authoritie aforesaid That after Orders shall be, registred for the repayment of X1 Loanes on this Act not exceeding one hundred and fifty thousand pounds with Interest as aforesaid and the Forces actually disbanded that others Orders of the Lord Treasurer to the Paymaster of the Land Forces for payment for Cloathes and other Necessaries for the Forces to be disbanded by this Act shall be registred in course according to their respective dates and that all Orders for repayment of Money lent shall be registred in course according to the date of the Talley respectively and that all other Orders after the actuall disbanding of the said Forces shall be entred in course according to their respective dates and none of the Orders above mentioned shall have preference one before another but shall be entred in their course according to the dates of the Talleys and the times of bringing their other Orders as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register Booke soe as that the person Native or Forreigner his Executors Administrators and Assignes who shall have his Warrant or Order Warrants or Orders first entred in the said Booke of Register shall be taken and accounted as the first person to be paid upon the Two hundred six thousand fower hundred sixty two pounds seaventeene shillings three pence to come in by vertue of this Act, And he or they that shall have his or X2 their Warrants or Orders Warrant or Order next entred shall be taken and accounted to be the second person to be paid and soe successively and in course And that the Two hundred six thousand fower hundred sixty two pounds seaventeene shillings three pence to come in by vertue of this Act shall be in the same order lyeable to the satisfaction of the said repective partyes their Executors Administrators or Assignes successively without preference of one before another and not otherwise and not be divertible to any other use intent or purpose whatsoever And that noe Fee or Reward or Gratuity directly or indirectly be demanded or taken of any Your Majestyes Subjects for provideing or makeing any such Bookes Registers, Entryes View Searches or Certificate in or for Payment of Money lent or the Interest thereof or for Payment of any Money upon any Order by any of Your Majestyes Officer or Officers their Clerks or Deputyes 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 lose his place alsoe, And if any undue preference of one X3befoe another shall be made either in point of Registry or of Payment contrary to the true meaneing of this Act by any such Officer or Officers then the Party offending shall be lyable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved and shall be forejudged from his Place or Office. And if such preference be unduely made by any his Deputy or Clerke without direction or privity of his Master then such Deputy or Clerke onely shall be lyable to such Action Debt Damages and Costs and shall be for ever after X4incapeable 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 X5accoding to each persons due Place and Order as aforedirected then he or they shall be adjudged to forfeite and their respective Deputyes and Clerks herein offending to bee lyable to such Action Debt Damages and Costs in manner as aforesaid All which said Penaltyes Forfeitures Damages and Costs to be incurred by any of the Officers of the Exchequer or any their Deputyes or X6Clers shall and may be recovered by Action of Debt Bill Plaint or Information in any of His Majestyes Courts of Record at Westminster wherein noe Essoigne, Protection Priviledge Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed.
Annotations
Editorial notes
- X1
Variant reading of the text noted in The Statutes of the Realm as follows: the O. [O. refers to a collection in the library of Trinity College, Cambridge]
- 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: before O. [O. refers to a collection in the library of Trinity College, Cambridge]
- X4
Variant reading of the text noted in The Statutes of the Realm as follows: incapable O. [O. refers to a collection in the library of Trinity College, Cambridge]
- X5
Variant reading of the text noted in The Statutes of the Realm as follows: according O. [O. refers to a collection in the library of Trinity College, Cambridge]
- X6
Variant reading of the text noted in The Statutes of the Realm as follows: Clerkes O. [O. refers to a collection in the library of Trinity College, Cambridge]