Page:Ruffhead - The Statutes at Large - vol 5.djvu/348

 308 C. 18. Anno fexto Georgii Regis. A. D. 1719. and Nufances, and the fame, and all Caufes, Matters and Things relating thereto, and every of them (hall for ever hereafter be examined, heard, tried and determined as common Nufances are to be exami- ned, heard, tried and determined by or according to the Laws of this Realm; and all Offenders therein being thereof lawfully convicted upon Information or Indictment, in any of his Majefty's Courts of Record at IVejlminJler, or in Edinburgh, or in Dublin, fhall be liable to fuch Fines, Penalties and Punifh- ments, whereunto Perfons convicted for common and publick Nufances are, by any of the Laws and Sta- ftiti fhall mcur tu£es Q f tnis R ea i mj f u bjecl a»d liable; and moreover fhall incur and fuftain any further Pains, Penalties 1 6 iV. 2!' c. L and Forfeitures, as were ordained and provided by the Statute of Provifion and Pramunire made in the fixteenth Year of the Reign of King Richard the Second. Hnw Merchants XX. And be it further enafted by the Authority aforefaid, That if any Merchant or Trader, at any orTwders may Tj me a f ter the f a j(] f our an( j twentieth Day of June one thoufand feven hundred and twenty, fhall fuffc-r ip-Ay agamftttie an Y particular Damage in his, her or their Trade, Commerce, or other lawful Affairs, by Occafion yndertakers. or Means of any Undertaking or Attempt, Matter or Thing, by this Act declared to be unlawful, as aforefaid, and will fue to be relieved therein, then and in every fuch Cafe, fuch Merchant or Trader fhall and may have his and their Remedy for the fame by an Action or Actions to be grounded upon this Sta- tute, againft the Perfons, Societies or Partnerfhips, or any of them, who contrary to this Act fhall be engaged or interefted in any fuch unlawful Undertaking or Attempt; and every fuch Action and Actions fhall be heard and determined in any of his Majefty's Courts of Record aforefaid, wherein no Effoin protection, Wager of Law, or more than one Imparlance fhall be granted or allowed; and in every fuch Action the Plaintiff fhall or may recover treble Damages with full Cofts of Suit. Penalty on XXL And it is hereby further enacted by the Authority aforefaid, That if any Broker or Perfon acting Rroks^buyihg as a Broker for himfelf, or in Behalf of any others, at any Time or Times after the faid four and Shares' m fuch twentieth Day of Jum one thoufand feven hundred and twenty, fhall bargain, fell, buy or purchafe Undertakings, or contract or agree for the bargaining, felling, buying or purchafing of any Share or Intereit in any of the Undertakings by this Act declared to be unlawful, or in any Stock or pretended Stock of fuch Undertakers, that then and in every fuch Cafe, every fuch Broker or Perfon acting as fuch, fhall not only be difabled and rendred incapable to be or act as a Broker for the future, but fhall alio forfeit and lofe the Sum of five hundred Pounds, to be recovered, to wit, One Moiety thereof to the Ufe of the King's Majefty, his Heirs and Succeffors, and the other Moiety thereof to the Ufe of any Perfon or Perfons who will inform or fue for the fame in any of his Majefty's faid Courts of Record, as afore- faid, with full Cofts of Suit. Vatto attend to. XXII. Provided always, and be it enacted by the Authority aforefaid, That this Act, or any Thing i feutTbeforf tnerein contained, fhall not extend to any Undertakings, or other Matters or Things fettled, efta- 24j>nei 7 iS. blifhed, or practifed in point of Time before the faid four and twentieth Day of June one thoufand feven hundred and eighteen, but that the fame, and every of them, fhall be of fuch or the like Force Effect or Validity, and no other, as they refpectively would be of in cafe this Act had never been made- any Thing herein contained to the contrary notwithftanding. Nor to prejudice XXIII. Provided alfo, and it is hereby further intended, declared and enacted by the Authority afore- the two Corpo- faid, That any of the Claufes, Matters or Things in this Ait contained, fhall not extend, or be conftrued 'TtVA ^' eby t0 binder his Majefty from erecting or eftablifhing the two Corporations intended by this Act to be erected and eftablifhed, as is above mentioned, or either of them, or to prejudice thofe two Corporations, or either of them (when erected) in the Exercife or Enjoying of the Powers, Privileges, Benefits or Advantages, intended to be granted to them refpectively, by fuch refpective Charters or Indentures as are above men- tioned in that Behalf, fubject neverthelefs to fuch Powers of Redemption or Revocation as are above in this A£t prefcribed for that Purpofe; anything in this Act contained to the contrary notwithftanding. Or the South- XXIV. Provided alfo, That any Thingjin this Act contained fhall not extend, or be conftrued to Sea Company : extend to hinder or deprive the Corporation of the Governor, and Company of Merchants of Great Britain, trading to the South-Seas and other Parts of America, and for encouraging the Fifhery, or their Succeffors, from having and enjoying. of all and every or any fuch Powers, Privileo-es, Bsnefits Profits Properties, Matters and Things, as do or fhall belong to them, or which they could or might enjoy, in any Manner of wife whatfoever, if this Act had not been made (except as to infurance upon Ships and Merchandize at Sea or going to Sea;) any Thing herein contained to the contrary in any wife notwi'th- itandjng. Not to reftrain XXV. Provided always, That nothing in this Act fhall extend, or be conftrued to extend to prohibit or the carrying on reft rain the carrying on of any home or foreign Trade in Partnerfhip, in fuch Manner as hath been of any home or hitherto ufually, and may be legally done according to the Laws of this Realm now in Force, excepting l' artMrfti™' IeinonIy ' aS tojhe iri & r J n g of Ships and Goods or Merchandizes at Sea, or going to Sea, and lend'ing Money p * upon Bottomry; any Thing in this Act to the contrary in any wife notwithftanding. South-Sea a n a XXVI. Provided neverthelefs, That it fhall and may be lawful to and for the Governor and Compam Bart-India Com- of Merchants of Great Britain, trading to the South-Seas and other Parts of America, and for encouraging vance S f?'' y e ad the Fifhery, and for the united Company of Merchants of England trading to the Eaji-Ir.dies, and they and £rttomryto y °" either of them llave refpectively hereby Liberty, at any Time or Times hereafter, to advance or lend or their Captains, the Bottom of any Ship or Veffel, Ships or Veilels, and on Goods and Merchandizes on board any Ship &=. . or Veffel, Ships or Veilels of the faid refpective Companies, or that is, are or fhall be employed in the Service qf the faid Companies refpectively, to any Captains or Commanders, Agents, Sailors or Servants,