« PreviousContinue »
wise) by force and virtue of that acl, be discharged of from and against allfurther demands of the said company>, in law or equity, for or in refpecl of the money so borrowed upon sock \ and that all the stock so transferred and pledged, for which such payment should be made, or lawfully tendred and refused, together with the dividends and profits belonging or to belong to such stock respectively, Jhould be and was, by virtue of the said acl, absolutely vested in the said com* pany, for the use and benefit thereof; and further by the said acl the like provision was made for such persons (except as aforesaid) as had borrowed money of the said company upon receipts for money paid on any of their money subscriptions, actually pledged, for discharging such loans by a like payment of a rate of ten pounds per centum on the respective sums so borrowed, in manner and at the times before mentioned, as by the said recited act, relation thereto being had, more fully may appear: and whereas by an ad of parliament passed in the eighth year of his present Majesty s reign, intituled, An act to en- 8Geo*i. c.it> able the South-Sea company to. dispose of the effects in their hands by way of lottery or subscription, or to sell part of their fund or annuity payable at the exchequer, in order to pay the debts of the said company, and for the relief of such who were intended to have the benefit of a late act touching payment of ten pounds per centum therein mentioned, reciting [amongst other things) that the fist moiety or half part of the said rate of ten pounds per centum, for money borrowed of the said South-Sea company, was, by the before mentioned act, limited to be paid on or before the twenty fifth day ^December one thousand seven hundred and twen-^ ty one, and divers persons intended to be relieved thereby, having lapsed the said time of payment, ivere thereby excluded the benefit of the said acl for the relief of the said persons, it was thereby enacted, That if any person or persons, intended to have the benefit of the said acl, and who had lapsed the said time of payment, should pay a moiety of the said ten pounds per centum on or before the twenty fifth day of April one thousand seven hundred and twenty two, with interest for the J aid moiety from the said twenty fifth day ^December one thousand seven hundred and twenty one, then such person or persons should, upon such payment made, or lawfully tendred and refused, and not otherwise, be entitled to the benefit of the first mentioned acl, as fully as if such payment of the first moiety of ihe ten pounds per centum had been duly made within the time limited by the said first 7Geo.i.stati, mentioned acl, as in and by the said last recited acl of parliament, c- -8relation thereto being had, more sully may appear: and vjhereas di- SGeo'T vers persons intended to have the benefit of the said recited acts of parliament, by reason of the difficulties of the then times by the low state of credit, were not able to make payment of the J aid rate of ten pounds per centum, or jome part thereof, within the times limited by the said acls of parliament, and having lapsed the said times of payment, are excluded the benefit thereof: for the relief of the said persons, be it enacted, ZJc.
Borrowers on South-Sea stock, who have lapsed their payments, paying to the company's cashier so much as a rate of 10 /. per cent* on the sums bor
H z rowecL
rowed. One moiety by 24 Dec.iyzi, and the other by 14. June 172;* with interest from 25 June 1710, discharged from all further demands of the company, and the stock vested in the company. Broker discharged paying 20 /. per cent. Claimants on late directors, who have lapsed their time, may enter their claims before the trustees by 24. June 1723. No sale already made before 24 My 172.3, avoided: but the debts allowed by thfc trustees, to be paid out of the estVcts in their hands. Claimers on forged deeds, or satisfied security, forfeit the value of the thing claimed. All suits for debts specified in the inventories, (except by way of complaint) mall be void. Claims made by fpersons residing in Great Britain for persons in East- India or America, to be heard as if made by the parties themselves. £XP.
C A P. XXIV.
An aCl to oblige all persons, being papists, in that fart of Great Britain called Scotland, and all persons in Great Britain, refusing or neglecting to take the oaths appointed for the security os his Majesty's person and government, by several aCls herein mentioned, to register their names and real estates.
\T 7 HERE AS since his Majesty s happy accession to the crown W of these realms, divers rebellions, - insurrections and tralterous conspiracies have been eutred into and carried on, for the destruction of his Majesty s most sacred person and government, the overturning our religious and civil rights, and for placing a popijh pretender on the throne: and whereas the papijfs and other persons refusing to take the oaths appointed by law to be taken to his Majesty, have enjoyed, and do still enjoy the protection and benefit of the government, as zvell as the reft o f his Majesty s subjects, yet have been notoriousty co?icerned in contriving, jhrrmg up and supporting the J aid rebellions, insurrections and conspiracies, by which it most manifestly appears, that they take themselves to be obliged, by the principles they profess, to be enemies to his Majesty and the present happy ejiablislment; and forasmuch as it is highly reasonable, that the government fiould be thoroughly acquainted with, and apprized of the number, names and real estates of such disaffected persons as aforesaid, in order more effectually to prevent, disappoint or punish the like trait er ous attempts for the future, in such manner as by the wisdom of parliament stall hereafter be thought proper; be it therefore enacted, &c.
Persons who shall neglect to take the oaths on or before 25 Dec. 1723, mall before 25 March register their names and real estates. In Scotland to take the oaths before 25 March, or register before 24 June. Or shall forfeit their lands. Repealed by ioGeo, 1. c. 4.. s. n.
An act for making more effectual an act passed in the eighth year of his present Majesty's reign, intituled, An ad jor supplying the records of the commissary court of Abtrdeeny burnt or lost in the late fire there*
The time limited by the act S Geo. 1. c. aS. for bringing in extracts and precepts, enlarged for one year, from the twenty fifth of March i723*
CAP. CAP. XXVI.
An act to prevent his Majesty's subjects from subscribing or being concerned in encouraging or promoting any9subscription for an East-India company in the Austrian Netherlands and for the better securing the lawful trade of his Majesty's subjects to and from the East-Indies.
WHEREAS several acts and statutes have been heretofore made and provided by parliament, for the Jecuring to the united company of merchants of England trading to the East-Indies the sole trade to and from the East-Indies, and other places beyond the Cape of Good Hope, in the said acts, some or one of them particularly mentioned and described, to the intent that the British nation might thereby have and enjoy the full fruits and advantages of so beneficial a trade \ notwithstanding which acts, and the prohibitions, injunctions and penalties contained therein, several evil-minded persons (subjects of his Majesty) preferring their own lucre to the good of their native country, have not only in their private capacities secretly and illegally traded to and from the East-Indies, a?id with 'the pirates i?ifesti?tg those seas, but have also openly, and in defiance of the laws of this kingdom, under foreign commissions, fitted out and loaded many great and defensible Jhips for voyages to the East-Indies, and have corrupted several British sailors to serve on board such JJnps for Juch voyages, and of late, with design totally to dude the good and wholfom laws made to prevent such practices as aforesaid, have subscribed, contributed to or promoted the raising, establifinng and carrying on a foreign company, under a foreign charter, for carrying on an East-India trade from the Austrian Netherlands, taking and providing for themselves fliares and proportions in the stock or capital of such company^ with design to engage others of his Majesty's subjects, as well as themselves, to be concerned in the fame undertakings by which perfidious and unwarrantable praclices the trade of this kingdom is diverted, the revenue diminished, and the treasure thereof exhausted: to prevent therefore such wicked practices, and more effectually to'secure the said East-India trade to his Majesty's iubjects for the future, according to the laws now in being ; After 24 ]une be it enacted by the King's most excellent Majesty, by and with 17 >3> none of the advice and consent of the lords spiritual and temporal and r1? ^,e(?ynS Commons, in this present parliament assembled, and by the au- fab|^ibe TMQ thority of the fame, That if at any time or times from and after or beconcemthe four and twentieth day of June in the year of our Lord one ed in promote thousand seven hundred and twenty three, any person or per- ir-§j.an Ea^~ sons whatsoever, subject or subjects of his Majesty, his heirs a:C°Tl
r rr n n -i r paiTiV 111 tile
or iuccetlors, shall contribute or lubicnbe to, or encourage or Auilrian Nepromote the raising, establishing or carrying on any foreign therland$> company, society or corporation, trading, trafficking or adventuring, or hereafter to trade, traffick or adventure from any part or parts of or in the Austrian Netherlands, in, to or from the East-Indies, or places aforesaid, or mall be interested or concerned in hfs, her or their name or names, or in the name
si 3 er
on foifeiture of their stock
names of any other person or persons whatsoever, or otherwise howsoever, in any part or (hare of or in the capital, principal stock or actions of any such foreign company, society or corporation as aforesaid, or (hall make any payments in money, or by bills of exchange, remittances or otherwise, to, for or towards the railing, supporting, sustaining, encouraging or promoting such foreign company, society or corporation, or the trade or traffick thereof, or shall subscribe, contribute to, encourage or promote the raising, establishing or carrying on any other foreign company or companies hereafter to be raised, formed or erected, for trading or dealing to the Eqft-Indies or parts aforesaid, or shall become interested in or entitled unto any stiare in the stock or capital of such last mentioned company or companies, every such person and persons so offending lhall forfeit all his, her and their interest, share, proportion and concern in the capital, principal stock or actions of any in such foreign such foreign company, society or corporation as aforesaid, tosociety, and gether with treble the value thereof; one third part thereof to treble value. the use of ^ Majesty, his heirs and successors, and the remaining two third parts thereof to the use of the said united company, if they stiall inform, sue or prosecute for the same; or otherwise, one third part of such two thirds shall be to the use of such person or persons as shall inform or sue for the same, such informer or prosecutor first taking such directions and consent as hereafter is mentioned for that purpore; and the said penalties (hail and may be recovered by action of debt, bill, plaint or information, in any of his Majesty's courts of record at Weflmuijler, wherein no essoin, wager of law or protection shall be allowed, nor any more than one imparlance.
II. Provided nevertheless, and it is hereby further enacted, and declared by the authority aforesaid, That it shall and may be lawful to and for his Majesty's attorney general for the time being, of his own authority, or at the relation of the said united company, and to and for the said united company, to file or exhibit a bill or bills of complaint in his Majesty's high court of chancery or court of exchequer, against any person or persons who (hall have subscribed, contributed to, encouraged or promoted, or any ways become interested or concerned in the raising, establishing or carrying on any such foreign company, society or corporation as aforesaid, or the stock, capital, trade or traffick thereof, for the discovery of such his, her and their offence, remitting or waiving in every such bill, the said forfeiture of the treble value of the offender's stock, interest, share, proportion and concern in the principal stock or actions of any such foreign company, society or corporation, and insisting only on the tingle value there-of, and thereupon such person and persons shall answer the said bill or bills, and nor plead or demur to the discovery thereby sought, and in such case the sinp-le value only of such interest, share, proportion and concern shall be decreed to be paid by such offender or offenders, one third part whereof lhall be yielded and paid to his Majesty,
Forfeiture, how to be di vided.
Attorney general, to prosecute.
his heirs and successors, and the remaining two third parts thereof to the use of the said united company.
III. Provided also nevertheless, and it is hereby further en- Common Inacted and declared by the authority aforesaid, That if before
any suit or prosecution (hall be commenced for the recovery &c^r * of the penalties aforesaid, either by his Majesty's attorney general, or the said united company, any common informer or informers shall go to the court of directors of the said united company, and make known to them the offence committed, and his or their intentions to sue or prosecute for the same at law, and if instead thereof the said court os directors mall elect to have the suit or prosecution brought or commenced by bill or bills of complaint, to be filed or exhibited in his Majesty's said courts of chancery or exchequer, then and in every such case, there (hall be yielded and paid to such common informer or informers, one third part of the remaining two third parts of the single value of the said interest and concern, when recovered; but if the said court of directors lhall elect to have the suit or prosecution commenced for the penalties or forfeitures by information or action of debt at law, then the said informer or informers (hall and may accordingly sue and prosecute for the same at law, and the said information or action lhall be proceeded upon, and shall not be discontinued or determined, but by and with the consent of the said united company, or their court of directors.
IV. And for the more effectual discovery of the interest, (hare, Subjects acproportion or concern of any of his Majesty's subjects, of or in cepting such the capital, principal or stock of any such foreign company, stores, &c. m society or corporation as aforesaid, it is hereby further enacted c^verin °insix by the authority aforesaid, T-haHf any person or persons, sub- monthsf for-* ject or subjects of his Majesty whatsoever, (hall have accepted feit treble
of any trust or trusts, or (hall know of any interest, mare, part, value, proportion or concern, which any of his Majesty's subjects mall have or be entitled to in any such foreign company, society or corporation as aforesaid, and shall not within six months next after his, her or their accepting such trust, or coming to the knowledge of such interest, mare, proportion or concern as aforesaid, truly discover and disclose in writing the same to the said united company, or their court of directors for the time being, every person so offending (hall forfeit treble the value of the interest, share, proportion or concern so accepted in trust, or so known, and not discovered as aforesaid j one moiety thereof to his Majesty, his heirs and successors, and the other moiety thereof to him or them who mall sue for the same, to be recovered by action of debt, bill, plaint or information, in any of his Majesty's courts of record at JVejlminJler, wherein no effoin, protection or wager of law shall be allowed, nor any more than one imparlance \ or otherwise, such offender and offenders or imprisoned shall, at the discretion of the court where the prosecution is for a year, commenced, suffer imprisonment by the space of one whole year, without bail or mainprize.
H4 V, And