Page:Ruffhead - The Statutes at Large - vol 3.djvu/305

 A. D. 1662. Anno decimo tertio & quarto Caroli II. C. 24. 257 II. For Remedy whereof, be it enafted and ordained, and it is hereby enafbed and ordained by the Kmg' iport Excellent Maje(ty, and by and with the Advice and Confent ot the Lords Spiritual and Tem- poral, and Commons, in this prefent Parliament affembled. That from and after the four and twentieth Three Comm.f. Day of June, which Ihall be in the Year of our Lord one thoufand fix hundred fixty and two, it IhiJl fionersin.uow- andmay.be law.ul to and for the Lord Chancellor or Lord Keeper. of the Great Seal oi England hv the "^'^'■°^^- Time being, to iffue out yearly (or oftener if Need require) one (landing CommifTion under the Great Seal of England, thereby impowering and authorizing the faid Commillioners, or any three of tliem (whereof a Doctor of the Civil Law, or a Barifter at Law of live Years ftanding at the leall, to be al- ways one) to meet and fit, and make a Court, and proceed in all Things in the Execution of the faid Commiffion, as before by the faid Aft any five might have done; (z) and that the faid Coramiffioners, i Shower 396. or any fuch three of them, as aforefaid, be and hereby are impowered to fummon Parties and Witneiles of reafonable Charges, and in the Parties upon their fecond Summons, to punifh the Offenders by Im- prifonment or Cofts for fuch Time and in fuch Manner as fliall be reafonable, and according to the Na- Cofls. ture and Quality of their Offences ; ( 3 ) and that it (hall and may be lawful to and for every fuch Com- raiffioner to proceed in the Execution of the faid CommilTion, having firft taken an Oath before the Lord I Mayor of the City of London for the Time being only, to proceed uprightly and indifTerently between Party and Party ; and the faid Lord Mayor is hereby auUiorized to ,give fuch Oath ; any Thing in the faid An; Lord Mayor of 1 to the contrary notwithdanding : (4) And that no Perfon fliall proceed in Execution of the faid Commif- London miy ad- ifion, before he be firft fworn before the Lord Mayor oi Landpnfox the Time being, to proceed uprightly oi"i,. "^* and indifferently between Party and Party, as formerly he (hould have been before the Lord Mayor and I Court of Aldermen. i III. Be it alfo enafted by the Authority aforefaid. That in Cafe the faid CommilTioners, or any fuch Commiffionsout three of them as aforefaid, fhall findCauleto examine Witneffes beyond the Seas, or any remote Parts cou/t'toTxa- of his Majefty's Dominions, for the clearing of any Doubt or Matter before them depending, that in fuch mine Witneires Cafe by Direction of the faid CommilTioners, or any fuch three of them, like Commiflions or Proce(s fhaN beyond Sea, iffue out of the Court of Admiralty, as have formerly been for the Purpofes aforefaid, returnable before ithe faid Commiffioners ; (z) and that the faid Commiffioners, or any fuch three of them, (hall have alfo ■Power to give and pafs their final Sentence, Decree and Executions, as well againft the Body of the Party evidted, or his ( joods, as alfo againft the Executors and Adminiftrators of fuch Party fo evidted ; and to laflefs Cofts of Suit upon fuch Perfon or Perfons as (hall be condemned by the Decree of the faid Court, las to them fliall feem juft. ■* IV. And forafmuch as many Witnefles (as Seamen and others) come and fpeedily go again to Sea, witneflcs going , before a Court can be fummoned, by which Means the AfTured and AlTurers are many Times much to Sea, how to I* damnified;' (z) For the preventing of which Mifchief, be it alfo enadted by the Authority aforefaid, ^^^^^^"■"'"*<"^=' iThat it fhall and may be lawful to and for any one of the faid Commiffioners to adminifter an Oath to any iVVitnefs legally fummoned to give Teftimony, (timely Notice being thereof given to the adverfe Party, and fet up in the Office before fuch Examination) to the End fuch Witnefs orWitnefi"esmaybecrofs-examined. 1 V. Provided always, That the faid Commiffioners (hall in no Cafe proceed both againft Perfon and Appeal to the i,iot in any wife extend to prejudice the Appeal to the High Court of Chancery given or allowed in the ?aid former Ac^ of Parliament. *fI'1'"/;;.'^--' ■m relating to hfttrances, g A"t.-,c. 6, 5 Ceo, 1. c, l8. 7 Geo. I. c, zy. §. 26. 8 Gn, I. c, 15. §. 25. II Geo. I. c, 30. §. 44, 19 Geo, 2, c, 37. ziGeo.Zi . 4. and Zi Cco.z, c. z6, C A P. XXIV. An A& Declaratory concerning Bankrupts. HERE AS divers Noblemen, Gentlemen and Perfons of Quality," no ways bred up to Trade ., or Merchandize, do oftentimes put in great .Stocks of Money into the £(7//- /W/a Company, of Guiney Company, and the Fifhing Trade,. and fuch other publick Societies, and.receive the Procede of thofe'Stpcks fometimes in. ready Monies,, forhetimes in Commodities which they ufually fell for A'loiiey^ or exchange again ; by which Means the Trade of thofe Compan.es is mu.ch encouraged, Fifhing and Navigation increafed, and the puUick Good of the whole Kingdom very much advanced :. .._ . ' II. Notwithftanding which great Advantages to the Publick, there, hath been lately fpme Opinion cqn- j^stj-H.g, ceived, that fuch Perfons may and ought to be made fubjedt to the Statutes provided againft Bankrupts ;' c 4 _, III. For the better declaring and explaining the Law therein, and to the End fuch Perfons may not be '^3^ J/^^^. •'> lifcouragtd in thofe honourable Endeavours for promoting publick Undertakings; (2) Be it declared j, jacil.e/i'g.'". ind enacted by the King's moft Excellent Majefty, with the Advice and Aflent of the Lords Spiritual and March 34.- ■'_■ Femparal, and the Commons, in this prefent Parliament affembled, and by- the Authority of the fame, Ihat no. Perfon or Perfons whatlbever who have adventured or put in, or who. hereafter fhall adventure ^^ p^^rons for T put in, any Sum or Sums of Money in the fz.d £a/J-Tml/a Company or Guimy Company, or into any putting in Mo-. oint Stock or Stocks of Money by them or either of^them made or raifed, or to be made and railed,, tor ney to the EaS-. ad towards the maintaining and carrying on the Trade by the faid Eafl-India Company oxGuincy Com- company o^^J' lany managed or to be managed, or who have formerly or fliall hereafter adventure or put in any Sum or the Fiihir'g iums of Money into any Stock or Stocks of Money for the manacing and carrying on of the faid Fifti- Trarie, rhaiibs hg Trade, or the Trade now called the Royal FiJJnng^ Trade, and fliall receive and take his or their-Part^^^^^^^J^^^i^^- w r'Dividend ofFifli, Goods or Merchandizes in Specie, and fliall fell or exchange the fame, (hall for DrsratuteofB^iik- 'e of Monies fo put into the faid Eajl-India Comj^any or Gidney Company, "'?"• 7 reafon only of fuch. Adventure ( r into any Stock or Stocks for and towards the faid Fhhing Trade, or for or by reafon only of the re- ^^^ eiving and taking fuch Fifh, Goods and Merchandizes in Specie, or fellin.^ for Money, or exchanging //-^j^^ p^.,, g6. '10 fame aga'n, be adjudged, taken, efteemed or reputed a Merchant or T rader within any Statute or latutes for Bankrupts, or be liable to the fame. Vol. III. L 1 IV. Provided
 * fo appear, and in Cafe of Contempt or wilful Delay in the Witneffes upon the firft Summons and I'ender
 * Goods for one and the fame Debt ; (2) and provided alfo, That any Thing in this Adl contained fhall "^""''y'