Page:Ruffhead - The Statutes at Large - vol 3.djvu/611

 i A. D. 1694. Anno quinto Gulielmi & Mari^. C. 20. 563 I Writings under the Hand and Seal of tiie Pcrfon or Perfons transferring the fame, attcftcd by two or more 'credible VVitneffes, and entred within twenty Days after the fealing tliereof, in a Book or Books to be for that Purpofs kept in the faid Exchequer by their Majeflies Remembrancer for the Time being ffor the entring whereof nothing fliall be paidj which Entries the faid Remembrancer is from Time to Time upon "'Pf"'™"'^ Requeit dire£ted to make ; and fuch Part of the faid yearly Sum of one hundred thoufand Pounds, as fhal! '*"' ^'" ^^3' by this Aft be due to the laid Subfcribers, fliall not at any Time or Times hereafter be made ufe of, or be [^'j'J,'jJi1,|j, a Fund or Security for, or liable or applied to raife, pay or fecure any more, further or other Sum or Sums of Money whatfoever, fave only fueh Money as fliall in purfuance of, and according to the Intent of this A<S, be advanced and paid into their Majeflies Exchequer within the Time by this Adt limited for the liame. j XXVI. And it is hereby further ena£led by the Authority aforefaid. That the faid Corporation fo to be CorpoiaHon ' made, fliall not borrow or give Security by Bill, Bond, Covenant or Agreement under their comm.on Seal """ *" '"'"'"» for any more, further or other Sum or Sums of Money, exceeding in the whole the Sum of twelve huudrcd "''"^'^ I thoufand Pounds, fo that they fliall not owe at any one Time more than the faid Sum, unlefs it beiy A61 except upon' of Parliament upon Funds agreed in Parliament; and in fuch Cafe only fuch further Sums as fhall be foP.iiiiami.-nt direded and allowed to be borrowed by Parliament, and for fuch Time only, until they fhall be repaid fuch '^"n'*'- further Sums as they fliall borrow by fuch Authority : And if any more, or further or other Sum or Sums ^" '^ ^ 5 W- ' of Money fliall be borrowed, taken up, lent, or advanced, under their common Seal, or for Payment of jfco^ratioa"' which any Bond, Bill, Covenant, or Agreement, or other Writing fliall be made, fealed or given, under borrow more the common Seal of the faid Corporation fo to be made ; then and in fuch Cafe, all and every Perion and particular
 * Perfons who fliall be a Member or Members of the faid Corporation, his and their refpeftive Heirs, Ex«- '^'='"''^' "■*

cutors and Adminiftrators, fliall in his and their refpe£live private and perfonal Capacities be chargeable ''^""j"'" with, and liable in proportion to their feveral Shares or Subfcriptions to the Repayment of fuch Monies ' '^ which fhall be fo borrowed, taken up or lent, with Interefl: for the fame, in fuch Manner, as if fuch Se- curity had been a Security for Payment of fo much Money, and Intereft for the fame, fealed by fuch re- fpeftive Member or Members of the faid Corporation, and delivered by him or them as their refpe<Slive AiSs and Deeds, in proportion to their feveral Shares or Subfcriptions as aforefaid ; and that in every fuch iCai'e an Aftion of Debt fliall and may be brought, commenced, profecuted and maintained in any of their (MajelHes Courts of Record at Wejiminjler^ by the refpe£l:ive Creditor or Creditors, to whom any fuch Se- curity under the common Seal of the faid Corporation fhall be made, or his or their refpe£tive Executors or Adminiftrators, againfi: all and every, or any one or more of the Perfons who fliall be Members of the faid Corporation, or any of their refpeftive Heirs, Executors or Adminiftrators, in proportion to their refpec- 'tive Shares or Subfcriptions as aforefaid, and therein recover and have Judgment for him or them, in fuch and the like Manner, as if fuch Security were refpcftively fealed by the refpeftive Perfon or Perfons !who fhall be fo fued, or his or their refpeftive Anceftor, or Teftator, or Inteftate, and by him and them executed and delivered, as his or their refpeftive Ails and Deeds ; any Condition, Covenant, or Agree- ment, to. be made to the contrary thereof in any wife notvirithftanding : And if any Condition, Covenant, or Agreement fliall be made to the contrary, the fame fliall be, and is hereby declared to be void; any*-^"™"^"'^* *» Thing herein contained, or any Law or Ufage to the contrary notwithftanding ; and in fuch Adlion or '''^,™""^*'y Adlions fo to be brought, no Privilege, Protedlion, EfToin, or Wager of Law, nor any more than one Imparlance fliall be allowed. t, XXVII. And to the Intent that their Majeflies Subjedls may not be opprefTed by the faid Corporation, ^^P°"^^°" 'by their monopolizing or ingrofling any Sort of Goods, Wares, or Merchandizes, Be it further declared JJ,°th°hdr° andenaiSled by the Authority aforefaid. That the faid Corporation to be made and created by this Aft, Stock. fhall not at any Time, during the Continuance thereof, deal or trade, or permit or fufFer any Perfon or Perfons whatfoever either in Truft or for the Benefit of the fame, to deal or trade with any of the Stork, Monies, or Eftefts, of or any ways belonging to the faid Corporation, in the buying or felling of any Goods, Wares, or Merchandizes whatfoever ; and every Perfon or Perfons, who fhall fo deal or trade, or by whofe Order or Direftions fuch Dealing or Trading fhall be made, profecuted, or managed, fliall forfeit '^="=> for every fuch Dealing or Trading, and every fuch Order and Direftions, treble the Value of the Goods and Merchandize fo traded for, to fuch Perfon or Perfons who fliall fue for the fame by Aftion of Debt, Bill, Plaint, or Information, in any of their Majeflies Courts of Record at JVejiminjhr, wherein no ElToin, Proteftion, nor other Privilege whatfoever, nor any Injunftioii, Order of Reftraint, nor Wager of Law ,fhall be allowed, nor any more than one Imparlance. i XXVIIi. Provided, That nothing herein contained fhall any ways be conftrued to hinder the fai<^ tse CoroJ"'"'-"^ ■Corporation from dealing in Bills of Exchange, or in buying or felling Bullion, Gold, or Silver, or inmay <j°ai_""°" felling any Goods, Wares, or Merchandize whatfoever, which fliall really and bona fide be left or depo- fited with the faid Corporation for Money lent and advanced thereon, and which fliall not be redeemed at the Time agreed on, or within three Months after, or from felling fuch Goods as fhall or maybe the 'Produce of Lands purchafed by the faid Corporation. ■ XXIX. Provided always, and be it enafted by the Authority aforefaid. That all and every Bill or Bills Bills of the obligatory and of Credit under the Seal of the faid Corporation made or given to any Perfon or Perfons, Corpo^ano;. fhall and may, by Indorfement thereon under the Hand of fuch Perfon or Perfons, be affignable and afligned ^ 'i'"""*"-" to any Perfon or Perfons who fhall voluntarily accept the fame, and fo by fuch Aflignee, toties qiiotics^ by Indorfement thereupon j and that fuch Ajfignment and Aiiignments, fo to be made, fhall abiblutdy veft and 4- C 2 trans.%