Page:Ruffhead - The Statutes at Large - vol 4.djvu/346

 294 C. 17. Anno fexto Ann^ Reglnse. A. D. 1707, EngliiTiCompany to advance I,200,000l. Tirriss f)f Pay- ment, On Non-pay- inent Company ma^" be fuedj &c. Company msiy brrrow J,500j0ool. on their Common Se^^ the twro Com- panies may call in Monies for advancing J,200,000l. Or for repaying the Monies bor- ' Eaft Indies (by whatfoever Name the fame {hould then be called) according to the faid Charter of the ' fifth of September- in the fald tenth Year of his faid late Majefty's Reign, and not otherwife : And to ' that End and Purpofe, many Covenants, Conditions, and Agreements were contained in the faid In- ' denture, as by the fame, Relation being therfiunto had, may more fully appear: And whereas the ' united Stock of the faid Governor and Company of Merchants o^ London trading into the Eajl Indies, ' and of all the reft of the Members of the faid Eiiglijh Company trading to the Eafi Indies, in their ' own Names, or in the Names of others in Truft for them, doth at this Time amount to one million ' nine hundred ninety-two thoufand eight hundred Pounds, Part of the Sum of two Millions before-- ' mentioned ; and their united Fund doth amount to one hundred fifty-nine thoufand four hundred twen- ' ry-four Pounds per- Annum., Part of the Sum of one hundred and fixty thoufand Pounds per Annum be- ' fore-mentioned : And as well the faid Governor and Company of Merchants of London trading into the ' Eaft Indies, as the refi: of the Members of the faid Englifi Company trading to the Eaji Indies, are willing ' other your Majefty's necefiary Occafions, a further Sum of twelve hundred thoufand Pounds of lawful ' Money of Gi-eat Britain, upon fuch Terms, Conditions, and Advantages as are hereafter exprefled and ' fet down :' Now we your Majefty's moft dutiful and loyal Subjects, the Commons of Gt-eat Britain in ' Parliament afTembled, being defirous not only to fupply your Majefty with fuch Aids as may enable your Majefty to carry on the faid War with Vigour, but alfo to raife the fame in fuch a Manner as may create no new Charge upon your Subjefls, do moft humbly befeech your Majefty that it may be enafted ; and be it enafted by the Queen's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Autho- rity of the fame. That the faid Englijh Company trading to the Eajl Indies, as well for and on the Be-' half of the faid Governor and Company of Merchants of London trading into the Eaji Indies, as for and on the Behalf of all others the Members of the faid Englijh Company, fliall advance and aftually pay into the Receipt of her Majefty's Exchequer, for her Majefty's Ufe, the faid Sum of twelve hundred thou- fand Pounds, by fuch Proportions, and at fuch Times as are herein after appoioted for the Payment thereof (that is to fay) Two hundred thoufand Pounds, Part thereof on or before the twelfth Day of May which fhall be in the Year of our Lord one thoufand feven hundred and eight ; two hundred thoufand Pounds more thereof, on or before the twelfth Day of Jul^ one thoufand feven hundred and eight ; two hun- dred thoufand Pounds more thereof,- on or before the eleventh Day of September one thoufand i&i&sx hundred and eight ; two hundred thoufand Pounds more thereof, on or before the twelfth Day of Novem- ber one thoufand feven hundred and eight ; two hundred thoufand Pounds more thereof, on or before the twelfth Day of January one thoufand feven hundred and eight; and two hundred thoufand Pounds more thereof, and in full Satisfaftion of the faid twelve hundred thoufand Pounds on or before the tenth Day of March which fhall be in the Year of our Lord one thoufand feven hundred and eight; and in cafe the faid Englijh Company trading to the Eajl Indies, fhall make Failure in any of the faid Payments hereby appointed to be made, at or before the refpedtive Days or Times before limited in that Behalf, the Mo- nies whereof fuch Failure in Payment fhall be made, fhall and may be recovered to her Majefty's Ufe, by Aftion of Debt, or upon the Cafe, Bill, Suit, or Information, in any of her Majefty's Courts of Re- cord at IVeftminJier, wherein no ElToin, Proteftion, Privilege, or Wager of Law, fhall be allowed, or any Hiore than one Imparlance ; in which Adlion, Bill, Suit, or Information, it fhall be lav/ful to de- clare. That the faid Englijh Company trading to the EaJi Indies, are indebted to her Majefty the Monies' of which they fliall have made Default in Payment, according to the Form of this Statute, and have not paid the fame, which fhall be fuflicient ; and in or upon fuch AiSlion, Bill, Suit, or Information, there- fhall be further recovered to her Majefty's Ufe, againft the faid Englijh Company trading to the Eajh Indies, Damages after the Rate of twelve Pounds per Centum, for the Monies fo impaid contrary to this ASt, befides full Cofts of Suit ; and the faid EngUjJj Company trading to the EaJi Indies, and their Suc- cefTors, and the faid united Stock and Fund fhall be and are hereby made fubjeft and liable thereunto. II. And for the better enabling the faid Englijh Company trading to the EaJi Indies, to raife and pay the faid Sum of twelve hundred thoufand Pounds to her Majefty's Ufe as aforefaid, it is hereby declared and enabled by the Authority aforefaid. That the Common Seal of the faid Englij)} Company, now. in the Hands of the Managers for the united Trade of the Englijh Company trading to the Eaji Indies, fhall and rnay be made Ufe of to borrow any Sum or Sums of Money from time to time, upon Account of the faid united Stock and Fund, fo as the Sum Total of all the principal Monies which at any one Time fhall be owing upon the Security of the faid Seal, do not exceed one million five hundred thoufand Pounds, over and above the Monies which might lawfully be borrowed thereupon before the making of this pre- fent Aft. III. And it is hereby enafted by the Authority aforefaid. That in cafe the General Court of the faid Governor and Company of Merchants of Zow^aw trading into the EaJi Indies, and the Genera] Court of the faid Englijh Company trading to the EaJi Indies at any Time or Times whilft they fhall feparately continue, fhall think fit, or if the General Court of the faid Englij}^ Company, after the Determination of the other General Court aforefaid, fliall think fit to call in Monies from their refpeftive Adventurers or Members, for or tov/ards the rai^fuig the faid Sum of twelve hundred thoufand Pounds to be advanced to her Majefty's Ufe, or any Part thereof, or for repaying the Monies borrowed for that Purpofe, or the Intereft thereof, that then it fhall and may be lawful to and for the faid Governor and Company of Merchants of London, trading into ihtEaJi Indies, and the faid Englijh Company trading to the EaJi Indies refpeftively, at any Time or Times during the feparate Continuance of their General Courts, as afore-- faid, and afterwards to and for the faid Englij) Company trading to the EaJi Indies, by whatfoever Name OX Names the f^ime fljall then be called or known, to call in, or direft to be paid unto them refpeflively, from
 * to advance to your Majefty, in manner herein after-mentioned, for carrying on the prefent War, and