Page:Ruffhead - The Statutes at Large - vol 3.djvu/570

 522 Reward to In- furerj difcovcr- Jng. Manner oF re- covering the Penalty. Provifo, Applicition of the Dutits. 4 & J W. & M. C.5. Debtor upon Jiu-igment, Sec, tak.in|5 up Mo- ney of ai)other upon a Mort- gage, withou: Notice of the Judgment to the Mortgagee, Aall lofe his Xquity to redeem. 1 C. 16. Anno quarto & qulnto Gulielmi & Mari^. A.D. 1692.1! XVI. And be it further enadted by the Authority aforefaid, That if the Infurer, Conveyor, orMana-n gtr of fuch Fraud, be the Eifcoverer of the fame, he fhall not only keep and enjoy the Infurance Money ' or Reward given him, and be difcharged of the Penalties to which he is liable by reafon of fuch Offence I but fhall alfo have to his own Ufe one Half of the Forfeitures hereby impofed upon the Party or Par- ! ties making fuch Infurance or Agreement, or receiving the Goods as aforefaid ; and in cafe no Difcoverv i fhall be made by the Infurer, Conveyor, or Manager as aforefaid, and the Party or Parties infured or coa- * cerned in fuch Agreement fliall make Difcovcry thereof, he fhall recover and receive back fuch Infurance •• Money or Pramium, as he hath paid upon fuch Infurance or Agreement, and fhall have to his own Ufe one Moiety of the Forfeitures impofed upon fuch Infurer, Conveyor, or Manager as aforefaid, and fliall alfc {: be difcharged of the Forfeitures hereby impofed upon him or them. ■. XVII. And be it enafted, That all the faid Penalties and Forfeitures fhall be recoverable according tc u the Courfe of the Court of Exchequer, in like Manner as other Penalties and Forfeftures in like Cafes are i recoverable. _ ,T XVIII. Provided, That no Penalty hereby infli£ted fhall be recoverable,, unlefs the fame be profecuted ■■ within twelve Months after the Time fuch Faft was committed j any thing in this A61 to the contrary not- / withftanding. ' ', XIX. And for preventing Doubts touching the Application of Monies, which fhall accrue to their Ma- jefties for the Cuftom of Prize-goods, be it declared and directed by, the Authority aforefaid. That all Du- i ties, as well Cuftoms as Impofts, and by what A61 or Adls foever, that fhall accrue and be payable to their i Majefties at the Cuftom-houfe after the five and twentieth Day of March one thoufand fix hundred ninety- ii three, for any Goods or Merchandize taken, condemned, and fold as Prize, fhall be applied intirely to i the Credit of an A£l of this prefent Seflion of Parliament, intituled,. Ah ASl for granting to their Majefiin J) certain additional Impojitions upon Jeveral Goods ani Merchandize, for the profecuting the^ prefent War againfi France, any other Aft to the contrary in any wife notwithftanding. ' CAP. XVI. I An- Aft to prevent Frauds by clandeftlne Mortgages. ( ' fecuring the Repayment of the faid Money, and the fame Perfons do afterwards borrow Money upon ' Security of their Lands of other Perfons, and do not acquaint the latter Lender thereof with the fame, i' ' whereby fuch late Lender is very often in Danger to lofe his whole Money, or forced to pay off" the '(' ' the faid Mortgages : And whereas divers Perfons do many Times mortgage their Lands more than once, :: ' without giving Notice of their firft Mortgage, whereby Lenders of Money upon Second or after Mort- j ' gages do often lofe their Money, and are put to great Charges in Suits and otherwife:' For Remet^ whereof, and preventing the fame as much as may be for the future, II. Be it enafted by the King's and Queen's moft Excellent Majefties, by and with the Advice and Con- fent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament alTembled, and I by the Authority of the fame. That if any Perfon or Perfons, from and after the firil Day of May which ,' fhall be in the Year of our Lord one thoufand fix hundred ninety and three, fhall borrow any Money, or, i for any other valuable Confidsration, for the Payment thereof, voluntarily give, acknowledge, permit, or .( fuffer to bt entred, sgainft him or them, one or more Judgment or Judgments, Statute or Statutes, Re- , ' cognizance or Recognizances, to any Perfon or Perfons, Creditor or Creditors ; and if the faid Borrower ri or Borrowers, Debtor or Debtors, fhall afterwards take up or borrow any other Sum or Sums of Money i of any other Perfon or Perfons, or for other valuable Confideration become indebted to fuch Perfon or Per- fons, and for fecuring the Repayment and Difcharge thereof, fhall mortgage his, her, or their Lands or i Tenements, or any Part thereof, to the faid fecond or other Lender or Lenders of the faid Money, Credi- J tor or Creditors, or to any other Perfon or Perfons in Traft for, or to the Ufe of, fuch fecond or other i Lender or Lenders, Creditor or Creditors, and fhall not give Notice to the faid Mortgagee or Mortgagees j of the faid Judgment or Judgments, Statute or Statutes, Recognizance or Recognizances, in Writing under his, her, or their Hand or Hands, before the Execution of the faid Mortgage or Mortgages ; unlefe' fuch Mortgager or Mortgagers, his, her, or their Heirs, upon Notice to him, her, or them, given by the Mortgages or Mortgagees of the faid Lands and Tenements, his, her, or their Heirs, Executors, Ad- miniflrators, or Afligns, in Writing under his, her, or their Hands and Seals, attefted by two or more fufficient WitnefTes, of any fuch former Judgment or Judgments, Statute or Statutes, Recognizance oi Recognizances, fhall within fix Months pay off and difcharge the faid Judgment or Judgments, Statute or • Statutes, Recognizance or Recognizances, and all Intereft and Charges due thereupon, and caufe or pro-i cure the fame to be vacated or difcharged by Record ; that then the Mortgager or Mortgagers of the faid Lands and Tenements, his, her, or their Heirs, Executors, Adminiftrators, or Affigns, fhall have no Be- nefit or Remedy againfi the faid Mortgagee or Mortgagees, his, her, or their Heirs, Executors, Admini- ftrators, or AfTigns, or any of them, in Equity or elfewhere, for Redemption of the faid Lands and Te- nements, or any Part thereof ; but the faid Mortgagee or Mortgagees, his, her, or their Heirs, Execu- tors, Adminiftrators, and AfTigns, fhall aiid may ho^d aad enjoy the faid Lands and Tenements for fuch Eftat*
 * "TT THEREAS great Frauds and Deceits are too often pra£l;ifed by neceffitous and evil-difpofed Per- (
 * VV fens in borrowing of Money, and giving Judgments, Statutes, and Recognizances privately, fo-t {
 * Debts fecured by the faid Judgments, Statutes, and Recognizances, before they can have any Benefit of J