wife) by force and virtue of that act, be discharged of, from and against all further demands of the said company, in law or equity, for or in respect of the money fo borrowed upon flock; and that all the Stock fo transferred and pledged, for which fuch payment should be made, or lawfully tendred and refused, together with the dividends and profits belonging or to belong to fuch stock respectively, should be and was, by virtue of the faid act, abfolutely vested in the faid company, for the use and benefit thereof; and further by the faid act the like provifion was made for such persons (except as aforefaid) as had borrowed money of the faid company upon receipts for money paid on any of their money fubfcriptions, actually pledged, for difcharging fuch loans by a like payment of a rate of ten pounds per centum on the respective fums so borrowed, in manner and at the times before mentioned, as by the faid recited at, relation thereto being had, more fully may appear: and whereas by an act of parliament passed in the eighth year of his prefent Majefty's reign, intituled, An act to en- 8 Geo. 1. c. 21, able the South-Sea company to, difpofe of the effects in their hands by way of lottery or fubfcription, or to fell 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 fuch 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 first moiety or half-part of the faid rate of ten pounds per centum, for money borrowed of the faid South-Sea company, was, by the before mentioned act, limited to be paid on or before the twenty fifth day of December one thousand feven hundred and twenty one, and divers perfons intended to be relieved thereby, having lapfed the faid time of payment, were thereby excluded the benefit of the faid act for the relief of the faid perfons, it was thereby enacted, That if any perfon or perfons, intended to have the benefit of the faid act, and who had lapfed the faid time of payment, should pay a moiety of the faid ten pounds per centum on or before the twenty fifth day of April one thousand feven hundred and twenty two, with interest for the faid moiety from the faid twenty fifth day of December one thousand feven hundred and twenty one, then fuch person or perfons Should, upon fuch payment made, or lawfully tendred and refused, and not otherwise, be entitled to the benefit of the first mentioned act, as fully as if fuch payment of the first moiety of the ten pounds per centum had been duly made within the time limited by the said first 7Ge0.1.stat.1, mentioned act, as in and by the faid last recited act of parliament, C. 28. relation thereto being had, more fully may appear: and whereas divers perfons intended to have the benefit of the faid recited acts of parliament, by reafon of the difficulties of the then times by the low State of credit, were not able to make payment of the faid rate of ten pounds per centum, or fome part thereof, within the times limited by the faid acts of parliament, and having lapfed the faid times of payment, are excluded the benefit thereof: for the relief of the faid perfons, be it enacted, &c. Borrowers on South-Sea stock, who have lapfed their payments, paying to the company's cashier fo much as a rate of 10 l. per cent. on the fums borrowed. H 2 8 Geo. 1. c. 25. EXP. rowed. One moiety by 24 Dec. 1723, and the other by 24 June 17249 with intereft from 25 June 1720, difcharged from all further demands of the company, and the stock vested in the company. Broker discharged paying 20 l. per cent. Claimants on late directors, who have lapfed their time, may enter their claims before the trustees by 24 June 1723. No fale already made before 24 May 1723, avoided but the debts allowed by the trustees, to be paid out of the effects in their hands. Claimers on forged deeds, or fatisfied fecurity, forfeit the value of the thing claimed. All fuits for debts fpecified in the inventories, &c. (except by way of complaint) fhall be void. Claims made by perfons refiding in Great Britain for perfons in Eaft· India or America, to be heard as if made by the parties themselves. EXP. CAP. XXIV. An act to oblige all perfons, being papifts, in that part of Great Britain called Scotland, and all persons in Great Britain, refufing or neglecting to take the oaths appointed for the fecurity of his Majesty's person and government, by feveral acts herein mentioned, to register their names and real estates. W 7HEREAS fince his Majefly's happy acceffion to the crown of thefe realms, divers rebellions, infurrections and traiterous confpiracies have been entred into and carried on, for the destruction of his Majesty's most facred perfon and government, the overturning our religious and civil rights, and for placing a popih pretender on the throne: and whereas the papists and other perfons refusing to take the oaths appointed by law to be taken to his Majesty, have enjoyed, and do ftill enjoy the protection and benefit of the government, as well as the rest of his Majefty's fubjects, yet have been notoriously concerned in contriving, firring up and Supporting the faid rebellions, infurrections and confpiracies, by which it most manifeftly appears, that they take themselves to be obliged, by the principles they profefs, to be enemies to his Majesty and the prefent happy establishment; and forafmuch as it is highly reasonable, that the government should be thoroughly acquainted with, and apprized of the number, names and real estates of such difaffected perfons as aforefaid, in order more effectually to prevent, dilappoint or punish the like traiterous attempts for the future, in fuch manner as by the wisdom of parliament shall hereafter be thought proper; be it therefore enacted, &c. Perfons who fhall neglect to take the oaths on or before 25 Dec. 1723, shall before 25 March regifter 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 10 Geo. 1. c. 4. f. 11. CAP. XXV. An act for making more effectual an act paffed in the eighth year of his prelent Majefty's reign, intituled, An act for fupplying the records of the commiary court of Aberdeen, burnt or loft in the late fire there. The time limited by the act 8 Geo. 1. c. 28. for bringing in extracts and precepts, enlarged for one year, from the twenty fifth of March 1723. CAP. CAP. XXVI. An act to prevent his Majesty's fubjects from fubfcribing or W1 HEREAS several acts and statutes have been heretofore made and provided by parliament, for the fecuring to the united company of merchants of England trading to the Eat-Indies the fole trade to and from the East-Indies, and other places beyond the Cape of Good Hope, in the faid acts, fome or one of them particularly mentioned and defcribed, 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 perfons (Subjects of his Majefly) 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, and with the pirates infefling thofe feas, but have also openly, and in defiance of the laws of this kingdom, under foreign commiffions, fitted out and loaded many great and defenfible fhips for voyages to the Eaft-Indies, and have corrupted fevera! British failors to ferve on board fuch fhips for Juch voyages, and of late, with defign totally to elude the good and wholfom laws made to prevent fuch practices as aforesaid, have fubfcribed, contributed to or promoted the raising, establishing and carrying on a foreign company, under a foreign charter, for carrying on an East-India trade from the Auftrian Netherlands, taking and providing for themselves fhares and proportions in the flock or capital of fuch company, with defign to engage others of his Majesty's subjects, as well as themselves, to be concerned in the fame undertaking, by which perfidious and unwarrantable practices the trade of this kingdom is diverted, the revenue diminished, and the treasure thereof exhausted: to prevent therefore fuch wicked practices, and more effectually to fecure the faid Eaft-India trade to his Majefty's fubjects for the future, according to the laws now in being; After 24 June be it enacted by the King's most excellent Majefty, by and with 1723, none of the advice and confent of the lords fpiritual and temporal and his Majefty's commons, in this prefent parliament affembled, and by the au- fubfcribe to, fubjects fhall thority of the fame, That if at any time or times from and after or be concernthe four and twentieth day of June in the year of our Lord one ed in promotthousand seven hundred and twenty three, any perfon or per- ing an Eaftfons whatsoever, fubject or fubjects of his Majefty, his heirs or fucceffors, fhall contribute or fubfcribe to, or encourage or Auftrian Nepany in the promote the raifing, establishing or carrying on any foreign therlands, company, fociety or corporation, trading, trafficking or adventuring, or hereafter to trade, traffick or adventure from any part or parts of or in the Auftrian Netherlands, in, to or from the East-Indies, or places aforefaid, or fhall be interested or concerned in his, her or their name or names, or in the name H.3 OF India com names of any other perfon or perfons whatsoever, or otherwife howsoever, in any part or share of or in the capital, principal flock or actions of any fuch foreign company, fociety or corporation as aforefaid, or fhall make any payments in money, or by bills of exchange, remittances or otherwise, to, for or towards the raifing, fupporting, sustaining, encouraging or promoting fuch foreign company, fociety or corporation, or the trade or traffick thereof, or fhall fubfcribe, 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 Eaft-Indies or parts aforesaid, or fhall become interested in or entitled unto any share in the ftock or capital of fuch laft mentioned company or companies, every fuch perfon and perfons fo offending fhall forfeit all his, her and their intereft, fhare, proportion and concern in the capital, principal ftock or actions of any fuch foreign company, fociety or corporation as aforefaid, together with treble the value thereof; one third part thereof to the use of his Majefty, his heirs and fucceffors, and the remaining two third parts thereof to the ufe of the said united company, if they fhall inform, fue or profecute for the fame; or otherwise, one third part of fuch two thirds fhall be to the use of such person or perfons as fhall inform or fue for the how to be di- fame, fuch informer or profecutor first taking fuch directions and consent as hereafter is mentioned for that purpofe; and the faid penalties fhall and may be recovered by action of debt, bill, plaint or information, in any of his Majefty's courts of record at Westminster, wherein no effoin, wager of law or protection shall be allowed, nor any more than one imparlance. on forfeiture of their stock in fuch foreign fociety, and treble value. Forfeiture, vided. Attorney geII. Provided nevertheless, and it is hereby further enacted, neral, to pro- and declared by the authority aforefaid, That it shall and may fecute. be lawful to and for his Majefty's attorney general for the time being, of his own authority, or at the relation of the faid united company, and to and for the faid united company, to file or exhibit a bill or bills of complaint in his Majefty's high court of chancery or court of exchequer, against any perfon or perfons. who fhall have fubfcribed, contributed to, encouraged or promoted, or any ways become interested or concerned in the raifing, establishing or carrying on any fuch foreign company, fociety or corporation as aforefaid, or the flock, capital, trade or traffick thereof, for the difcovery of fuch his, her and their offence, remitting or waiving in every fuch bill, the faid forfeiture of the treble value of the offender's flock, intereft, fhare, proportion and concern in the principal stock or actions of any fuch foreign company, fociety or corporation, and insisting only on the fingle value thereof, and thereupon such person and perfons fhall anfwer the faid bill or bills, and not plead or demur to the difcovery thereby fought, and in such case the fingle value only of such intereft, fhare, proportion and concern fhall be decreed to be paid by fuch offender or offenders, one third part whereof thall be yielded and paid to his Majesty, his heirs and fucceffors, 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 aforefaid, That if before formers, how to prosecute, any fuit or prosecution fhall be commenced for the recovery &c. of the penalties aforefaid, either by his Majesty's attorney general, or the faid united company, any common informer or informers fhall go to the court of directors of the faid united company, and make known to them the offence committed, and his or their intentions to fuc or profecute for the fame at law, and if instead thereof the faid court of directors fhall elect to have the fuit or profecution brought or commenced by bill or bills of complaint, to be filed or exhibited in his Majefty's faid courts of chancery or exchequer, then and in every fuch cafe, there shall be yielded and paid to fuch common informer or informers, one third part of the remaining two third parts of the fingle value of the said interest and concern, when recovered; but if the faid court of directors fhall elect to have the fuit or profecution commenced for the penalties or forfeitures by information or action of debt at law, then the faid informer or informers fhall and may accordingly fue and profecute for the fame at law, and the said information or action fhall be proceeded upon, and fhall not be discontinued or determined, but by and with the consent of the said united company, or their court of directors. covering in fix IV. And for the more effectual discovery of the intereft, fhare, Subjects acproportion or concern of any of his Majefty's fubjects, of or in cepting fuch the capital, principal or flock of any fuch foreign company, thares, &c. in fociety or corporation as aforefaid, it is hereby further enacted truft, not difby the authority aforefaid, That if any person or persons, fub- months, for. ject or subjects of his Majefty whatfoever, fhall have accepted feit treble of any trust or trusts, or shall know of any intereft, fhare, part, value, proportion or concern, which any of his Majesty's fubjects hall have or be entitled to in any fuch foreign company, fociety or corporation as aforefaid, and fhall not within fix months next after his, her or their accepting fuch truft, or coming to the knowledge of fuch intereft, fhare, proportion or concern as aforefaid, truly difcover and disclose in writing the fame to the faid united company, or their court of directors for the time being, every perfon fo offending shall forfeit treble the value of the intereft, share, proportion or concern fo accepted in trust, or so known, and not discovered as aforefaid; one moiety thereof to his Majefty, his heirs and fucceffors, and the other moiety thereof to him or them who fhall fue for the fame, to be recovered by action of debt, bill, plaint or information, in any of his Majesty's courts of record at IVestminster, wherein no esfoin, protection or wager of law fhall be allowed, nor any more than one imparlance; or otherwife, fuch offender and offenders or imprifoned fhall, at the difcretion of the court where the profecution is for a year. commenced, fuffer imprisonment by the fpace of one whole year, without bail or mainprize. H 4 V. And |