Section XVII Books to be kept in the Exchequer.

Tally of Loan to Lender, and Order 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; Penalty; Punishment; Undue Preference by Officer; Penalty; By Deputy; Penalty; Auditor, Clerk of the Pells, or Teller not making Payments in due Order; Penalty; How all such Penalties are to be recovered.

And be it further enacted by the authority aforesaid That there shall be provided and kept in Their Majesties Exchequer (that is to say) in the Officer of the Auditor of the Receipts one Book in which all moneys that shall be paid into the Exchequer by vertue of this Act shall be entred and registred apart and distinct from all other moneys paid or payable to their Majesties upon any account whatsoever And that all and every person and persons Natives and Foreigners Bodies Politick or Corporate who shall lend any money to their Majesties upon the credit of this Act and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his or their repayment beareing the same date with the Talley in which Order shall be alsoe contained a Warrant for payment of Interest for forbearance not exceeding the Rates aforesaid for his or their consideration to be paid every three months until repayment of his or their principal And that all Orders for repayment of money shall be 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 be paid in course according as their Orders shall stand registred in the said Book so as that the person Native or Foreigner his or their Executors Administrators or Assigns who shall have his her or their Order or Orders first entred in the said Book shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act And he or they who shall have his or their Order or Orders next entred shall be taken and accounted to be the second person to be paid and so successively & in course And that the moneys X1to come in by this Act shall be in the same Order liable to the satisfaction of the said respective parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise and not to be divertible to any other use intent or purpose whatsoever And that no Fee Reward or Gratuity directly or indirectly be demanded or taken of any of Their Majesties Subjects for provideing or makeing 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 Their 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 also And if any undue preference of one before another shall be 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 be liable by Action of Debt or on the Case to pay the value of the of the Debt Damages and Costs to the party grieved and shall be forejudged from his place or office And if such preference be unduly made by any his Deputy or Clerk without direction or privity of his Master then such Deputy or Clerk only shall be liable to such Action Debt Damages and Costs and shall be for ever after uncapable of his place or office And in case the Auditor shall not direct the Order or, the Clerk 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 forfeit and their respective Deputies and Clerks herein offending to be liable to such Action 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 their Deputies or Clerks shall and may be recovered by Action of Debt Bill Plaint or Information in any of their Majesties Courts of Record at Westminster wherein no Essoign Protection Priveledge Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed.