Page:Ruffhead - The Statutes at Large - vol 3.djvu/792

 '^36 C. 44* Anno nono & decimo GuLiELMi III. Ao D. 1698. Pemlty on Per- LXVIII. And it!S hereby further enacted. That if any Perfon or Perfons, who are hereby required to- t Cons not making. ^^l^g fuch Entries and Affirmations as this Act directs, (hall negleft fo to do, or if any Goods, foreign tjue Jintries. Coj^j^ o,- other Merchandizes fo entred, (hall be of greater Value than (hall be fpecified in fuch Entry or Entries, that then, and in every fuch Cafe, the Goods, foreign Coins, or other Merchandizes which Ihall be (hipped or put on board any Ship or other VefTel defigned for the Eajl Indies-, or any other the Parts within the Limits aforefaid, or into any Lighter, Boat, or other VefTel, to be put upon any fuch Ship, for ■which no fuch Entry or Affirmation (hall be made, or which fhall be omitted therein, and the EfFeils and iProceed of the fame (wherefoever they (hall be found) fhall be forfeited, and may be feized, and double the Value thereof fliall and may be fued for and recovered againft the refpedtive Offenders, and to be di- vided or diftributed in fuch Manner and Form, as His Majefty by fuch Charter or Charters fhall appoint. -■No Company, LXIX- Provided alv/ays, and it is hereby ena£led. That no Company or particular Perfon or Perfons f'^' «" "".^'^ ^'^' ^^° ^^'^ ive a Right, in purfuance of this Aft, to trade to the Eajl Indies, or other th: Parts within the Wen "•'•that Limits aforefaid, (hall be allowed to trade thither, until fufncient Security (hall be firfl: given (which the G00J5 Ud'en in Commiflioncrs of the Cuftorfis in England, or any three or more of them for the time being, are hereby tiie Indies fliall authorized and required to talce, in the Name, and to the Ufe of His Majefty, His Heirs and SucccfTors) Tfcc brought to thjt fuch Company, or particular Perfons, (hall caufe all the Goods, Wares, Merchandizes, and Com- ?Tv"ri'^r' rnodities, which (hall at any Time or Times hereafter, during the Continuance of this AQ., be laden by explained a" to or for them, or any of them, or for their or any of their Accounts, in any Ship or Ships whatfoever, bound the Securities to from the fa; d^tf/? /«&y, or Parts within the Limits aforefaid, (hall be brought (without breaking Bulk) •be given, and to fome Port of England or JVales, and there be unladen and put on Land (the Danger of the Seas, Ene- aifo breaking mies. Pirates, Conflraints of Princes and Rulers, and Barratry of Seamen excepted] and in cafe there be •Bulk, by 6 An- ^^^ DiSiculty or Difputc in the Acceptance of any fuch Security, fuch Difficulty and Difpute (hall and if Gco/i. c. 8.' "i^y ^s determined by the Lord Chief Baron, and other the Barons of the Coif of the Exchequer, or any Difpute-. in Ac- of them., according to his or their bcfl Judgment and Difcretion; and that all Goods and Merchandizes, .ceptancc of Sc- belonging to the Company to be creeled, as aforefaid, or any other Traders to the Eajl Indies, and which «""ty',"'^'"°'^= (hall be imported x.o England ox Wales, as aforefaid, purftiant to this AcS, fhall by them refpeftively be 'to°be fo'u b7 ^'*'" ^^^ ^^ fame, or the Value thereof, fhall be forfeited and loft, to wit, one Moiety thereof to His Ma- Jnch of Candle, jeffy, His Heirs and SuccefTors, and the other Moiety thereof to any Perfon or Perfons that will feize, in^ Penalty. form, or fue for the fame, by Action of Debt, or of the Cafe, Bill, Plaint, or Information, as aforefaid. Kinu's Commif- LXX. And be it further enadted. That it fhall and may be lawful to and for His Majelty, by any fuch lion, &j. (hall Commlffion, Charters, or Letters Patents, as aforefaid, under the Great Seal of England, to limit, diredt, dinft in what and appoint, how and in what Manner and Proportions, and under what Rules and jDiredtions, the Shares Manner the of aj] ^pd every Perfon and Perfons v/hatfoever in the faid yearly Fund, and of and in the Stock of the faid Shares m the General Society, or of any Company to be fettled or authorized to trade in purfuance of this A£t, and i^ian be affigned' ^^'e^y or any Part or Proportion thereof (hall or may be affignable or transferrable, to be affigned or tranf- or transferred, ferrcd to fuch Pcrfon or PcrfoHS only, as (hall freely and voluntarily accept of the fame, and not other- wile; and that all Ailignments and Transferrences made in fuch Manner fhall be good and available in the Law.
 * jetcrmine ^^^^^ ^-^^jj opg^jy ^^id publickly by Lich of Candle, upon their refpeflive Accounts, and not otherwife; upon
 * Stocks efieemed LXXI. And bc it further enadtcd by the Authority aforefaid. That the Eflates, Interefts, and Stocks of

^lerfonal Eftatcs. Money of the fevf ral Corporations to be created or eftablifhed in purfuance of this Adt, and of each and every particular Member thereof, fhall be and be adjudged, taken, and accepted, in Conftrudtion of Law, by all Judges, and in Courts of Law and Juftice, and in all Courts and Places whatfoever, to be a per- fonal and not a real Eitate, and fhall go to the Executors or Adminiftrators of the Perfon or Perfons dying pofl'effed thereof, or intitled thereunto, and not to the Heirs of fuch Perfon or Perfons; any La'vv, Statute, Ufage, or Cuftom, to the contrary not-v'/ithflanding. Anmjities out of LXXII. And be it further cn-idlcd by the Authority aforefaid, That the feveral Annuities or Payments '!^'V<.T- '^"" 'f^'iJi'ig out of the faid yearly Fuiid, or the Shares, Parts, or Interefts of any Members of the faid General Vrav' &"'"x- Society, or of the fr.id Company to be credtcd by virtue of this Adt, of and in the Principal or Capital cmpt from Tax. Stocks of the fame, or of or in the Benefit of I'rade to be annexed thereunto, in purfuance of this Act, ments, or Impofitions whatfoever. Truftec'foran LXXIII. And be it further enadted, That any Guardian or Truftee for any Lifant may, for the Benefit in'fjnrmayfub- ^^ ^"'^^ InfaiU, fubfcribc, advance, and contribute, upon this Adt, a Sum not exceeding one Moiety of fcr-.be a Moirty thcMonics within his or her Truft, upon the Advantages in this Adt mentioned, and fuch Infant, upon of the Money in Payment of fuch Sum, fliall become the Contributor thereof, and the Giiar^-ian or Truftee fhall be dif- his Trufl. charged from the fame. j^oMcmber,&c. LXXIV. And bc it cnadtcd, That no Member of any Society or Company to be eredted in purfuance inrefpeaoi his ^f ^hjs ^,£|. fhall^ j,, refpcdt of his Stock therein only, be or be adjudged liable to be a Bankrupt, within L'^J^jt^^j"^'^ ^" the Intent and Meaning of all or any the Statutes made againft or concerning Bankrupts; and that no Bankrupt. Stock in fuch Societ-y or Company fnall bc fubjedt or liable to any Foreign Attachment by the Cultom of .Stoi.k n'otlitblc the City of London or otherwife._. fo foreign At- tachment, 3 & 9 W. 3. ^••°' - cnacteiJ, i nat uurmg the V^ontinuance of the Uorporation ot the ijovernor and Uompany i oi England, no other liank, or any other Corporation, Society, Fcllovvfhip, Company, or Conftitution, ' in the Nature of a Bank., (hull bc erected or eftabliflied, permitted, fuffered, countenance J, or allowed for the bett'.r fccuring the Privileges of the faid Go'/v-rnor and Company of the Bank of England, grantetl to
 * s. during the Continuance of the fame, (liall be and are hereby exempted from any Taxes, Rates, AflefT-
 * by Act of Piu'liament, within this Kingdom, as in and by the faid Act more at large may appear :' Now