Page:Ruffhead - The Statutes at Large - vol 4.djvu/350

 298 C. ig. Anno fexto Ann^ Reginae. A. D. 1707. If Infant, S:c. alive, after Or- der made, fuch Infant, &c. may re-enter. married Woman, or other Perfon, for whofe Life any fuch Eftate is holden ; and in cafe fuch Guardian, Truflee, Hufband, or other Perfon concealing or fufpected to conceal fuch Perfons as aforefaid, fhall re- fufe or neglect to produce or procure to be produced to fuch Perfon or Perfons, a perfonal View of fuch Infant, married Woman, or other Perfon, for whofe Life any fuch Eftate is holden. That then and in fuch Cafe fuch Perfon or Perfons are hereby required to make a true Return of fuch Refufal or Neglect to the Court of Chancery, which Return (hall be filed in the Petty Bag Office, and thereupon fuch Mi- nor, married Woman, or other Perfon, for whofe Life any fuch Eftate is holden, fhall be taken to be dead; and it fhall be lawful for any Perfon claiming any P>.ight, Title, or Intereft, in Remainder, Re- verfion, or otherwife after the Death of fuch Infant, married Woman, or other Perfon, for whofe Life any fuch Eftate is holden, to enter upon fuch Lands, Tenements, and Hereditaments, as if fuch Infant, married Woman, or other Perfon, for whofe Life any fuch Eftate is holden, were actually dead. III. Provided always. That if it fhall afterwards appear upon Proof, in any Adtion to be brought, that fuch Infant, married Woman, or other Perfon, for whofe Life any fuch Eftate is holden, were alive at the Time of fuch Order made. That then it fhall be lawful for fuch Infant, married Woman, Guar- dian, or Truftee, or other Perfon having any Eftate or Intereft, determinable upon fuch Life, to re- enter upon the faid Lands, Tenements, or Hereditaments, and for fuch Infant, married Woman, or other Perfon, having any Eftate or Intereft determinable upon fuch Life, their Executors, Adminiftra- tors or Affigns, to maintain an Aftion againft thofe who, ftnce the faid Order, received the Profits of fuch Lands, Tenements, or Hereditaments, or their Executors or Adminiftrators, and therein to recover full Damages for the Profits of the fame received, from the Time that fuch Infant, married Woman, or- other Perfon, having any Eftate or Intereft determinable upon fuch Life, were oufted of the Pofleflion of fuch Lands, Tenements, or Hereditaments. IV. Provided always. That if any fuch Guardian, Truftee, Huftjand, or other Perfon or Perfons, holding or having any Eftate or Intereft determinable upon the Life or Lives of any other Perfon or Per- fons Ihall by Affidavit or otherwife, to the Satisfadtion of the faid Court of Chancery, make appear. That he, fhe, or they have ufed his, her, or their utmoft Endeavours to procure fuch Infant, married Wo- man, or other Perfon or Perfons, on whofe Life or Lives fuch Eftate or Intereft doth depend, to appear in the faid Court of Chancery, or elfewhere, according to the Order of the faid Court in that Behalf made, and that he, flie, or they cannot procure or compel fuch Infant, married Woman, or other Perfon or- Perfons io to appear, and that fuch Infant, married Woman, or other Perfon or Perfons, on whofe Life or Lives fuch Eftate or Intereft doth depend, is, are, or were living at the Time of fuch Return madei and filed as aforefaid, then it {hall be lawful for fuch Perfon or Perfons to continue in the Pofleffion of fuch Eftate, and receive the Rents and Profits thereof for and during the Infancy of fuch Infant, and the Life or Lives of fuch married Woman, or other Perfon or Perfons, on whofe Life or Lives fuch E- ftate or Intereft doth or fhall depend, as fully as he, fhe, or they might have done if this Aft had not been made. V. And be it further ena£ted by the Authority aforefaid. That every Perfon who, as Guardian or Truftee for any Infant, and every Hufband feized in Right of his Wife only, and every other Perfon ha- ving any Eftate determinable upon any Life or Lives, who after the Determination of fuch particular E- ftates or Interefts, without the exprefs Confent of him, her, or them, who are or ftiall be next and im- mediately intitled upon and after the Determination of fuch particular Eftates or Interefts, fhall hold over and continue in Pofteffion of any Manors, Meffuages, Lands, Tenements, or Hereditaments, fhall be and are hereby adjudged to be Trefpaffers ; and that every Perfon and Perfons, his, her, and their Executors and Adminiftrators, who are or fhall be intitled to any fuch Manors, Mefluages, Lands, Te- nements, and Hereditaments, upon or after the Determination of fuch particular Eftates or Interefts, fhall and may recover in Damages againft every fuch Perfon or Perfons fo holding over as aforefaid, and againft his, her, or their Executors, or Adminiftrators, the full Value of the Profits received during fuch wrongful Poffeffion as aforefaid, CAP. XIX. An Aft for continuing the Half Subfidies therein mentioned, with feveral Impofitions and other Duties, to raife Money by way of Loan, for the Service of the War, and other her' Majefly's necefiary and important Occafions, and for charging of Prize Goods and Seizures, and for taking off the Drawbacks of foreign Cordage, and to obviate the clandeftine Im- portation of wrought Silks. I. "ft. if" O S T gracious Sovereign ; We your Majefty's moft dutiful and loyal Subjefls the Commons jLVA of Grfi?/ 5?-/j'/7/« in Parliament afTembled, duly confidering the Neceffity of making an ample and compleat Provifion to enable your Majefty to carry on the prefent War, and to defray your other neceflary Expences, have for that End and Purpofe chearfully and unanimouily given and granted, and do by this Aft give and grant to your Majefty, the feveral and refpeftive Subfidies, Impofitions, and Duties herein after particularly defcribed, for and during the Terms herein after exprefted, that is to fay, Whereas feveral Subfidies of Tunnage and Poundage, and other Duties and Sums of Money upon Wines, Goods, and other Merchandizes, were given and granted unto his late Majefty King Charles the Second, of Bleffed Memory, for his Life, by an Aft of Parliament made in the twelfth Year of his i» Car, I. c. 4. ' Reign, (intituled, yi Subjidy granted to the King of Tonnage and Powidage, and other Sums of Money payable ujon Merchandizes exported and imported) and by the Book of Rates thereunto annexed, which Subfidies If Guardian, &c. prove that he hath ufed his Endeavours to procure fuch In- fant to appear, ^nd that he was then living, &c. Guardian to continue in Pof- feffion, &c. Guardian, &c, holding Eftates after Determina- tion of Life of Minor, &c. ad- judged Trefpaf- fers. Heirs, Sec, may tecoverDamages,