Page:Ruffhead - The Statutes at Large - vol 4.djvu/349

 A.D.I 707* Anno fexto Ann-e Reginae. C. 1.8. 297 final Determination of the faid Sidney Earl of Godolphin, to proceed upon and fettle the Terms and Con- a'l Differences ditions of the fame, as his Lordfliip mall think fit, fo as the whole be made, fettled, perfefted, and com- retcrred to the pleated on or before the twenty-ninth Day Septe?nber in the Year one thoufand feven hundred and eight, E"lof Godol- by Writing attefted under his Lordfhip's Hand and Seal ; which faid Award being fo made and fettled ?^.'"" within the Time aforefaid, fhall in all Parts thereof be binding and conclufive, as well to the faid jjiJ^^jIj^^ ° Governor and Company of Merchants of London trading into the Eaft Indies, as to the reft of the faid Members of the faid Englifn Company, and fhall be by them complied with, and fubmitted to accordingly. XIII. Provided always, and it is hereby further ena£led by the Authority aforefaid, That from and Af'.er fu.h after the making of the faid Award, and Surrender of the Charter of the iaid Governor and Company of ^"'"''' *<=• Merchants oi London trading into the Eqfi Indies, in purfuance to the faid Indenture Tripartite, then the ii,e"u,f"ej t^„j - Perfons who, at the Time of fuch Surrender, fhall in purfuance of the fame Indenture be the Managers flun be Dircc. for the united Trade of the Englijh Company trading to the Eajl Indies, and none others, fhall be the tors, &c. till Diredlors' of the iuA Englijh Company, (which Company faall then be called, 'The united Company of Alcr- new onei bs cha7it5 c/" England trading to the Enih Indies) until fuch Time as new DireiSors fliall be chofen for the '^^*''■^"• fame, in purfuance of the faid Charter, bearing Date the fifth Day of September in the tenth Year of his faid late Majefty's Reign. XIV. And be it further enafled by the Authority aforefaid. That this prefent A<9:, and the Afts herein Afts, &c. to be before recited, and all Parts thereof, fliall be conltrued, adjudged, and taken to be publick Acts to all P"'^^ Ach. ■Intents and Purpcfes whatfoever. Farther Prmi- ' J^ons relating to Baji India Company, oAm. c. 28. 5 Gee. i. c. ii. 7 Gen. i. c, 5 £? 21. g Ceo, 1. c. 26, 3 Geo. 2. c. 14 ts" 20. 12 Geo, 2. c. 12. 17 Geo, z, c. 17. »7 Geo.'!,, c. 9. I Geo. 3. c. 14. CAP. XVIII. ■An Aft for the more efFedlual Dlfcovery of the Death of Perfons pretended to be alive, to the Prejudice of thofe who claim Eftates after their Deaths. ' I. "ITT HEPvE AS divers Perfons, as Guardians and Truftees for Infants, and Hufbands in Right of igC^r. 2, c. 6. ' W their Wives, and other Perfons having Eftates or Interefts determinable upon a Life or Lives, ' have continued to receive their Rents and Profits of fuch Lands after the Determination of their faid par- ' ticular Eftates or Interefts : And whereas the Proof of the Death of the Perfons, on whofe Lives fuch par- ' ticular Eftates or Interefts depended, is very difficult, and feveral Perfons have been, and may be thereby ' defrauded :' For Remedy whereof, and for preventing fuch fraudulent Practices, Be it enafted by the "Queen's moft Excellent Majefty, by and v/ith the Advice and Confent of the Lords Spiritual and Tem- poral, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That any Pci-fon claiming .Perfon or Perfons who hath or fhall have any Claim or Demand in or to any Remainder, Reverfion, or Eftate in Re- or other Perfon is dead, and that his or her Death is concealed by fuch Guardian, Truftee, Huft)and, or Affidavit, &c, .any other Perfon, fhall and may once a Year, if the Perfon aggrieved fhall think fit, move the Lord tl>at he hath .Chancellor, Keeper, or Commiflioners for the Cuftody of the Great Seal oF Great Britain for the Time ^^"fJ^J" ■*"'^ being, to order, and they are hereby authorized and required to order fuch Guardian, Truftee, Hufband, jj^^g^j Loi'd '^' 'or other Perfon, concealing or fufpedted to conceal fuch Perfon, at fuch Time and Place as the faid ciiancellor to Court fliall direiSl, on perfonal or other due Service of fuch Order, to produce and fhew to fuch Perfon caufe luch Mi- and Perfons, (not exceeding two) as fhall in fuch Order be named by the Party or Parties profecuting "o''j ^'^- '" ^^ fuch Order, fuch Minor, married Woman, or other Perfons aforefaid ; and if fuch Guardian, Truftee, Produced, &c. . Hufband, or fuch other Perfon, as aforefaid, fhall refufe or neglect to produce or fhew fuch Infant, mar- Guardian, &c. 'jripd Woman, or fuch other Perfon, on whofe Life any fuch Eftate doth depend, according to the Di- ^''"e'luda ffant ■^eftions of the faid Order, That then the Court of C/'^JzaTj is hereby authorized and required to order ^<-_ Itich Guardian, Truftee, Hufband, or other Perfon, to produce fuch Minor, married Woman, or other 1'erfon concealed, in the faid Court of Chancery, or otherwife before Commiflioners to b-e appoiiited by ^he faid Court, at fuch Time and Place as the Court fhall direft, two of which CommiiTioners fliall be nominated by the Party or Parties profecuting fuch Order, at his, her,, or their Cofts, and Charges ; and in cafe fuch Guardian, Truftee, Hufband, or other Perfon, fliali refufe or ncgledt to produce fuch In- fant, married Wornan, or other Perfon fo concealed, in the Court of C/'rwrtry, or before fuch Commif- -fioners, whereof Return fhall be made by fuch Commifuoners, and that Return filed in the Petty Bag ■Office, in either or any of the faid Cafes, the faid Minor, married V/oman, or iuch other Perfon (o con- Party fo conceal- cealed, fhall be taken to be dead, and it fhall be luwful for any Perfon claiming any Right, Title or In- ^"^ j° f "^" ^^ tereft in Remainder or Reverfion, or otherwife after the Death of fuch Infant, married Woman, or fuch cuimant^ma other Perfons fo concealed, as aforefaid, to enter upon fuch Lands, Tenements and Hereditaments, as if enter on Land, fuch Infant, married Woman, or other Perfon fo concealed, were aftually dead. &c. II. And be it further enafted by the Authority aforefaid. That if it fhall appear to the faid Court by On Affidavit that Affidavit, that fuch Minor, married Woman, or other Perfon, for whofe Life fuch Eftate is holden, is, Minor,&c. isb=- or lately was at fome certain Place beyond the Seas in the faid Affidavit to be mentioned, it fliall and niay :J'°"'*^=^'P='5"- be lawful for the Party or Parties profecuting fuch Order, as aforefaid, at his, her, or their Cofty and over'perionwo Charges, to fend oyer orte or bo.th the faid Perfons appointed by the faid Order, to view fuch Minor, view fuch Minor Vot. IV. Q_q married &c.