Charles II, 1670 & 1671: An Act for takeing the Accompts of Sixty thousand pounds and other Moneys given to the loyall and indigent Officers.

Recital of 14 (13 & 14) C. II. c. 8.

and that Commissioners were to assess Offices of the Value herein mentioned; and that Complaint had been made that no Account had been given of certain Monies received. Commissioners to take the Accounts of Treasurers, &c. Power to administer Oaths.

Whereas by an Act of this present Parlyament made in the fowerteenth yeare of the Raigne of our most grations Soveraigne Lord King Charles the Second Entituled An Act for distribution of Threescore thousand pounds amongst the truely loyall and indigent Commission Officers and for assessing of Offices and distributing the Moneys thereby raised for their further Supply. It was enacted That the summe of Threescore thousand pounds should with the most convenient speede be distributed amongst such truely loyall and indigent Officers, who have had reall Command of Souldiers according to their severall Commissions, and who had never deserted his Majestyes nor his blessed Fathers Service, dureing the late times of Rebellion and Usurpation, and who have not a sufficient Livelyhood of their owne, nor have since his Majestyes Returne obtained any Reward Office or Imployment sufficient for a Livelyhood by such wayes, meanes and proportions as by the said Act is appointed; And by the said Act the said Threescore thousand pounds was to be paid to such Treasurer as should be nominated and appointed according to the true meaneing of the said Act And whereas the said Commissioners by the said Act were to asesse all and every Office and Offices within the Realme of England, Principality of Wales and Towne of Berwicke upon Tweede of the yearely value of five pounds or more, and forasmuch as severall persons were appointed Treasurers, Collectors, and Receivers for the receipt of the said Threescore thousand pounds, and for the receipt of the summes of money to be raised by the Assessment of Offices. And forasmuch as severall summes of money have beene paid to the said Treasurers, Collectors and Receivers in pursuance of the said Acts, whereof complaint hath beene made that some of them have given noe Accompt, Bee it therefore enacted, and it is enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament assembled and by the authority of the same That the persons hereafter to be named by his Majestie under his Great Seale or any three or more of them shall be Commissioners for the takeing of the respective Accompts of the said Treasurers, Collectors and Receivers, upon the respective Oathes of the said Treasurers, Collectors and Receivers, and alsoe to examine Witnesses and to take Depositions upon Oath concerning the chargeing or dischargeing of the said Treasurers, Collectors or Receivers, which Oathes the said Commissioners or any three or more of them are hereby authorized to administer, and by all other wayes and meanes to examine what moneys have beene bona fide received or paid in pursuance of the former Act for distribution of Threescore thousand pounds by any person or persons whatsoever.

II. Power to summon Treasurers, &c.

Proviso as to Distance.

And bee it further enacted by the authority aforesaid That the said Co[m]mis[sion]ers or any three or more of them may from time to time issue their Warrants under their Hands and Seales, to the said Treasurers, Collectors and Receivers respectively, commanding thereby the said Treasurers, Collectors and Receivers, to appeare before them or any three or more of them at such time and place as by the said Warrants shall be appointed, soe as the place in which the said Treasurers, Collectors, and Receivers be appointed to appeare, be within three miles of the Cityes of London and Westminster.

III. A Duplicate of the Accounts to be signed and transmitted by Commissioners into the Exchequer.

Quietus est or Process thereupon.

And bee it further enacted by the authority aforesaid That the said Como[m]is[sion]ers soe as aforesaid to be appointed by his Majestie or any three or more of them shall upon the takeing the Accompts of the said Treasurers, Receivers and Collectors make and transmitt into his Majestyes Court of Exchequer a Duplicate of the same Accompt faire written in Parchment and signed by the said Co[m]mis[sion]ers or any three or more of them, Which said Accompt soe signed and transmitted, is by the authority aforesaid declared and adjudged to be, and shall to all intents and purposes be received and taken by all and every the Officers and Ministers of his Majestyes said Court of Exchequer as an Accompt declared before the Lord Treasurer Chauncellor or Barons of the said Exchequer according to the usuall course of the said Court, and shall have the same effect and be accordingly proceeded upon either for passing a Quietus est to the severall and respective Accomptants, or for issueing of Processe where the case requires, All which the said Court of Exchequer and the severall and respective Officers and Ministers thereof, to whome it shall or may appertaine, are hereby authorized and required to performe and doe accordingly.

IV. Monies levied to be issued and paid without Fee.

How and to whom such Monies to be distributed.

And bee it further enacted by the authority aforesaid That after the said summe and summes of money shall be leavyed and paid into his Majestyes Court of Exchequer as aforesaid, That then the said summe or summes of money or soe much thereof as shall be leavyed and paid as aforesaid shall be issued forth and paid without any Fee unto such Treasurer as his Majestie shall appoint, or unto his Deputy, to be appointed under his hand and seale, for whome he is to be responsable, to which Treasurer shall be from time to time paid all money due, ariseing or leavyed by vertue of the said first recited Act, or this present Act, which said Co[m]mis[sion]ers or any three or more of them shall by their Warrants under Hand and Seale to the said Treasurer or his Deputy as aforesaid cause to be paid out the said moneys to such truely, loyall, indigent Commission Officers as aforesaid, as have not already received their full Share, haveing relation [and respect (fn. 1) ] to the methods and directions of the said former Act or Acts and proceedings thereupon; and alsoe to the methods already proceeded in by Lots, as the Countyes stand in the rule of Lotts, had and made by the former Commissioners for this purpose sitting in the Starr chamber, And therefore the said former Treasurers, Receivers and Collectors, as alsoe the former Registers and Clerks and every of them for distribution of the said threescore thousand pounds are hereby required to deliver to the said Co[m]mis[sion]ers all such Bookes and Papers, relateing to this affaire, as came to their or any of their hands or custodie.

V. Commissioners Warrant a sufficient Discharge to Treasurer.

Treasurer to obey Commissiouers Warrant, and to be accountable to Commissioners.; Accounts certified proceeded upon.

And further bee it enacted That the said Warrants of the said Co[m]mis?ers and the Acquittances of the respective Co[m]mission officers thereupon shall be vouchers and sufficient [dischargers (fn. 2) ] to the said Treasurer for such moneys as he shall accordingly pay, [And such Treasurer shall give obedience to every such Warrant and make ready payment accordingly if any such moneys remaine in his hand, and he shall pay noe such money without such Warrant, (fn. 3) ] and for all such money as he shall soe receive, and pay as aforesaid he is hereby made accomptable to the said Co[m]mis[sion]ers, and his Accompts soe taken by them or the major part of them shall be certified under their hands, and seales unto the Exchequer, which Accompts soe certifyed by the said Co[m]mis[sion]ers or any three or more of them is hereby declared and adjudged, and shall be taken by all the Officers and Ministers of the said Exchequer as an Accompt declared in manner as is before in this Act expressed, and shall accordingly be proceeded upon.

VI. Any Certificate counterfeit or unduly granted to postpone the Payment till cleared.

And bee it enacted That if it shall appeare upon Oath before the said Co[m]mis?ers or any three or more of them that any Certificate is false or counterfeite or corruptly or not duely procured or granted according to the former Acts made for that purpose That then it shall and may be lawfull for such Co[m]mis[sion]ers to postpone the payment of the moneys due upon such Certificate untill the party concerned therein shall upon Oath prove the contrary or cleare himselfe or his said Certificate from all such Objections. All which Oathes aforesaid the said Co[m]mis[sion]ers are hereby impowered to administer.

VII. Commissioners to levy all Monies formerly assessed and not paid, and to assess such Offices as had not been assessed according to 14 (13 & 14) C. II. c. 8.

To administer Oath as to Value of Offices.

And bee it enacted by the authority aforesaid That the said Co[m]mis[sion]ers or any three or more of them are hereby authorized and required by Warrant as aforesaid to leavy or cause to be leavyed according to the powers of the said Acts or any of them all such moneys formerly assessed as shall appeare to them not to have beene accordingly paid, and to assesse all and every Officer and Officers for their respective Offices within the Realme of England, Principality of Wales, and Towne of Berwicke upon Tweede as hath not beene formerly assessed accordingly to the true intent of the said first mentioned Act, intituled, An Act for the distribution of Threescore thousand pounds amongst the truely loyall and indigent Commission officers and for assessing of Offices and, distributeing the moneys thereby raised for their future Supply. And they are hereby impowered and directed by Oath (other then of the Officer himselfe) if they finde cause, and by all other lawfull meanes to finde out with convenient speede the full value of all Offices aforesaid, to the intent all Officer and Officers may be truely assessed for their respective Offices according to the rates and proportions hereafter mentioned; that is to say To rate every Officer and Officers as hath not already beene assessed, and to rate and assesse every of them soe much as he or they ought to have beene assessed and paid according to the true intent and meaning of the said Act.

VIII. Commissioners to appoint Collectors and a Register.

Duty of Register.; Power to Collectors to levy.

And the said Co[m]mis?ers or any three or more of them are hereby enabled to nominate such Collector or Collectors for the Countyes, Cityes and Corporations within, the Kingdome of England, Principality of Wales and Towne of Berwicke upon Tweede for the collecting receiving and gathering every su[m]me and summes of money imposed ( (fn. 4) ) or taxed upon every Officer and Officers as aforesaid for their respective Offices, and alsoe to appoint a Register, which said Register is hereby appointed to enter all Rates and Assesments soe made by the said Co[m]mis?ers or any three or more of them into a Booke fairely. writt, and to deliver Duplicates, to the said Collector and Collectors under the hands and seales of the said Co[m]mis[sion]ers or any three or more of them, And the said Collectors and every of them are hereby impowered to demand and leavy respectively according to the powers of the said Act the severall summes of money therein contained in the said Duplicates.

IX. Non-payment of Tax within Ten Days after Notice.

Distress.

And bee it enacted That if any such Officer shall not pay his Taxe or Proportion soe rated or assessed, sometime within ten dayes after notice thereof in writeing left at his Office, or at the usuall place of his abode, and after demand thereof made at such place by some Collector, That then it shall and may be lawfull for such Collector or Collectors to distraine upon any of the Goods and Chattells of such Officer, and the same to sell, and restore the Overplus, deducting his owne reasonable Charges in takeing the Distresse.

X. Collectors may use the Powers given by 16 & 17 C.II. c. 1.

And bee it further enacted That the Collector or Collectors herein appointed for the better leavying and receiveing the severall Rates and Taxes that are, or shall be imposed according to this Act, are hereby impowered to make use of all other Powers and Authorities as are given to any Collector or Sub collectors by the late Act, entituled,. An Act for granting a Royall Ayde unto the Kings Majestie of Twenty fower hundred threescore and seaventeene thousand and five hundred pounds to be raised, levyed and paid in the space of three yeares.

XI. Proviso for Payments made by Sir John Bennct, although paid upon false Certificates.

Provided alwayes and bee it further enacted by the authoritie aforesaid That all payments of Money made by Sir. John Bennet Knight, of the Honourable Order of the Bath, late Treasurer or his Deputy according, to the direction of the said Act, which shall appeare upon Oath before the said Coo[m]mis[sion]ers to be really paid, shall be allowed to the said Treasurer, notwithstanding the said payments or any of them were made upon false and surreptitious Certificates or Letters, of Attourney,. unlesse upon examination there shall appeare any privity thereof, deceit or collusion, in the said Treasurer or his Deputy, and the said Coo[m]mis[sion]ers are hereby impowered to administer all or any the Oathes aforesaid.

XII. Orders signed by former Commissioners confirmed.

[Provided alsoe and bee it enacted That all Warrants and Orders signed by the former Coo[m]mis[sion]ers for the payment, of Officers according to the rules and directions of the former Acts being transferred and made over to the present Treasurer, shall be ratifyed, confirmed and allowed by the Coo[m]mis[sion]ers to be appointed as aforesaid, and payments made thereupon accordingly; Any thing in this Act to the contrary notwithstanding.

XIII. Proviso for Receivers who have their Quietus.

Provided alwayes, and bee it further enacted That all such Receivers as have accompted in the Exchequer for any summe or summers of money that were received and paid by vertue of the said Act or any other Act, and have their Quietus est shall not be accomptable for the said summe or summes already accounted for by this Act; Any thing in this Act to the contrary notwithstanding. (fn. 5) ]