Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for the present Grant.
Most Gracious [Soveraigne. (fn. 1)]
Wee your Majestyes most Dutyfull and Loyall Subjects the Commons in Parliament assembled taking into our serious Consideration the great and necessary Expences in which your Majesties are engaged for our Defence and Safety have chearfully and unanimously given and granted unto your Majestyes the Impositions and Duties hereafter mentioned for and dureing the Terme hereafter expressed And wee doe most humbly beseech your Majestyes that it may be enacted And bee it enacted by the King and Queens most excellent Majestyes by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by the authoritie of the same That the severall Impositions [and Duties (fn. 2)] upon Wines and Vinegar granted by an Act made in the first yeare of the late King James intituled An Act for granting his Majestie an Imposition upon all Wines and Vinegar imported betweene the foure and twentyeth day of June one thousand six hundred eighty five and the foure and twentyeth day of June one thousand six hundred ninety and three shall be continued from the three and twentyeth day of June in the said yeare one thousand six hundred ninety three and shall be raised levyed collected answered and paid unto their Majestyes and their Successors untill the foure and twentyeth day of June one thousand six hundred ninety six and noe longer And that the said Act and all Powers Provisions Penalties Articles and Clauses therein contained shall continue and be of full Force and Effect untill the said foure and twentyeth day of June One thousand six hundred ninety six [and (fn. 2)] shall be applyed practised and executed for the raising levying collecting answering and paying the said Duties hereby continued according to the tenor and intent of this present Act.
II. Duty upon Tobacco given by 4 Jac. II. c. 4. continued till 1696.
And bee it further enacted by the authoritie aforesaid That the Rates and Dutyes for all sorts of Tobacco granted by an Act made in the first yeare of the Raigne of the late King James Entituled An Act for granting to his Majestye an Imposition upon all Tobacco and Sugar imported betweene the foure and twentyeth day of June one thousand six hundred eighty five and the foure and twentyeth day of June one thousand six hundred ninety three shall be continued from the three and twentyeth day of June in the said yeare one thousand six hundred and ninety three and shall be raised levyed collected answered and paid unto their Majestyes and their Successors untill the foure and twentieth day of June one thousand six hundred and ninety six and noe longer And that the said last mentioned Act as for and concerning Tobacco onely and all Powers Provisions Penalties Articles and Clauses therein contained concerning the said Rates and Dutyes upon all sorts of Tobacco shall continue and be of full Force and Effect untill the said foure and twentyeth day of June one thousand six hundred and ninety six and shall be applyed practised and executed for the raising levying collecting answering and paying the said Duties upon Tobacco hereby continued according to the tenour and intent of this present Act Provided neverthelesse That this Act nor any thing therein contained shall not extend or be construed or taken to repeale or alter an Act made in the first yeare of their Majestyes Raigne Entituled An Act for prohibiting all Trade and Commerce with France, or any part of the same
III. Credit of Loan at Eight per Cent. on this Act, and 1 Jac. II. c. 3, 4. 1 W. & M. c. 28.
Provided alwayes and it is hereby enacted That it shall and may be lawfull to and for any person and persons to advance and lend unto their Majestyes as well upon the Security of this Act as upon the Security of the said two former Acts made in the Raigne of the late King James (from and after the Summe of six hundred thousand pounds mentioned in an Act made in the first yeare of their Majestyes Raigne Entituled An Act for appropriating certaine Duties for paying the States Generall of the United Provinces their Charges for his Majestyes Expedition into this Kingdome and for other Uses shall be fully satisfied and paid to the said States Generall) any Summe or Summes of Money and to have and receive for the Forbearance thereof any Summe not exceeding Eight pounds by the Hundred for one whole yeare and noe more directly or indirectly
IV. Tally, Order, &c. granted by Lenders.
Entry of Monies distinct.; Tally, Order, &c. granted to Lenders.; Orders for Repayment to be registered, and paid in course.; No Fee, &c. for providing, &c. Books, nor for View or Search; Penalty.; Undue Preference by Officer; Penalty.; By Deputy; Penalty.; Auditor, &c. offending.; Penalty.
And to the end that all Moneys which shall be lent unto their Majestyes upon the Credit of this Act may be well and suffici ntly secured out of the Moneys ariseing and payable by this Act Bee it further enacted by the authoritie aforesaid That there shall be provided and kept in their Majestyes Exchequer (that is to say) in the Office of the Auditor of the Receipts one Booke or Register 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 other Branch of their Majesties Revenue or upon any other Account whatsoever And that all and every person and persons who shall lend any Money to their Majestyes upon the Credit of this Act and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loane strucke for the same and an Order for his Repayment bearing the same date with his Tally in which Order shall be alsoe contained a Warrant for Payment of Interest for Forbearance after the Rate soe to be allowed for the same soe as such Interest doe, not exceede the rate of eight pounds per Centu[m] per Annu[m] for his Consideration to be paid every three months untill Repayment of his Principall 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 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 entered in the said Booke of Register 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 soe successively and in course and that the Moneys to come in by this Act shall be in the same Order lyable to the satisfaction of the said respective parties their Executors Administrators or Assignes successively without preference of one ( (fn. 3)) 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 their Majesties Subjects for provideing or makeing of any such Books Registers Entryes View or Search in or for Payment of Money lent or the Interest as aforesaid by any of their Majestyes Officer or Officers their Clerks or Deputyes on paine of Payment of treble Damages to the partie grieved by the partie 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 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 partie offending shall be lyable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the partie 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 only shall be lyable 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 Clerke of the Pells Record or the Teller make Payment according to each persons due Place and Order as aforesaid Then he or they shall be judged to forfeit and their respective Deputies and Clerks herein offending to be lyable 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 of the Exchequer 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 noe Essoigne Protection Priviledge Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed
V. Payment of any Tally of same Date not interpreted Preference.
Provided alwayes and bee it hereby declared That if it happen that severall Tallys of Loane or Orders for Payment as aforesaid beare date or be brought the same day to the Auditor of the Receipt to be registred Then it shall be enterpreted noe undue preference which of those he enters firste soe he enters them all the same day Provided alsoe That it shall not be interpreted any undue preference to incurr any Penalty in point of Payment if the Auditor direct and the Clerke of the Pells record and the Teller doe pay subsequent Orders of Persons that come and demand their Money and bring their Order before other Persons that did not come to demand their Money and bring their Order in their course soe as there be soe much money reserved as will satisfie precedent Orders which shall not be otherwise disposed but kept for them Interest upon Loane being to cease from the time the Money is soe reserved and kept in Banke for them.
VI. Order for Repayment assignable.
And bee it further enacted by the authoritie aforesaid That every person or persons to whome any [Moneys (fn. 4)] shall be due by vertue of this Act after Order entered in the Booke of Register aforesaid for Payment thereof his Executors Administrators or Assignes by Indorsment of his Order may assigne and transfer his Right Title Interest and Benefit of such Order or any part thereof to any other which being notified in the Office of the Auditor of the 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 entitle such Assignee his Executors Administrators and Assignes to the benefit thereof and payment thereon And such Assignee may in like manner assigne againe and soe toties quoties and afterwards it shall not be in the power of such person or persons who have or hath made such Assignments to make void release or discharge the same or any the Moneys thereby due or any part thereof
VII. Proviso for Wages due to the Servants of King Charles II.
Provided That nothing in this Act shall extend or be construed to defeat or obstruct the Provision made by the said Act in the first yeare of their Majesties Raigne for payment of Wages due to the Servants of the late King Charles the Second not exceeding in the whole the Summe of sixty thousand pounds in such manner as by the said Act is directed.