Page:Ruffhead - The Statutes at Large - vol 5.djvu/512

 466 C. 26. Anno nono Georgii Regis. A.D. 1722. CAP. XXVI. An Aft to prevent his Majefty's Subjects from fubfcribing or being concerned in encoura- ging or promoting any Subscription for an Eaft- India Company in the Austrian Netherlands; and for the better fecuring the lawful Trade of his Majefty's Subjects to and from the Eaji- Indies. ■For former Laius concerning this Company -refer to 9 W. 3. c. 44. /. 46. & Jequent. lAnn.ft.l. c.lz. 6 Ann. c. ■$& ij. 10 Ann. c. zS. 5 Geo. ;. c. 21. 7 Ceo. I. C. 5 6 21. I After 24 June 3723, none of his Majefty's Subjects (hall fubfcribe to, or be concerned in promoting an Eaft-India Com- pany in the Au- Jlrian Nether- lands, en Forfeiture of their Stock in fuch foreign So- ciety, and treble Value. Forfeiture, how to be divided. Attorney Gene- ral to fnofccute. HEREAS feveral Acts and Statutes have been heretofore made and provided by Parliament, for the fecuring to the United Company of Merchants of England trading to the Eafl^hdies the fole Trade to and from the Eaft-Indies, and other Places beyond the Cape of Good Hope, in the faid Acts, ' thereby have and enjoy the full Fruits and Advantages of fo beneficial a Trade ; notwithftanding which ' Acts, and the Prohibitions, Injunctions and Penalties contained therein, feveral evil-minded Perfoni ' (Subjects of his Majefty) preferring their own Lucre to the Good of their native Country, have not only ' in their private Capacities fecretly and illegally traded to and from the Eajl-lndics, and with the Pirates ' infefting thofe Seas, but have alfo openly, and in Defiance of the Laws of this Kingdom, under foreign ' Commiilions, fitted out and loaded many great and defenfible Ships for Voyages to the Eaf -Indies, and ' have corrupted feveral Britijh Sailors to ferve on board fuch Ships for fuch Voyages, and of late, with ' Defign totally to elude the good and wholfome Laws made to prevent fuch Practices as aforefaid, have ' fubferibed, contributed to or promoted the raifing, eftabli/hing and carrying on a foreign Company, ' under a foreign Charter, for carrying on an Eajl-India Trade from the Aiiftrian Netherlands, taking and ' providing for themfelves Shares and Proportions in the Stock or Capital of fuch Company, with Defign ' to engage others of his Majefty's Subjects, as well as themfelves, to be concerned in the fame Under- 6 taking, by which perfidious and unwarrantable Practices the Trade of this Kingdom is diverted, the ' Revenue diminifhed, and the Treafure thereof exhaufted :' To prevent therefore fuch wicked Practices, and more effectually to fecure the faid Eaft-India Trade to his Majefty's Subjects for the future, accor- ding to the Laws now in Being; Be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That if at any Time or Times from and after the four and twentieth Day of fune in the Year of our Lord one thoufand feven hundred and twenty-three, any Perfon or Perfons whatfoever, Subject or Subjects of his Majefty, his Heirs or SuccefTors, {hall contri- bute or fubfcribe to, or encourage or promote the raifing, eftablifhing or carrying on any foreign Com- pany, Society or Corporation, trading, trafficking or adventuring, or hereafter to trade, traffick or ad- venture from any Part or Parts of or in the Aujlrian Netherlands, in, to or from the Eajl-Indies, or Places aforefaid, or (hall be interefted or concerned in his, her or their Name or Names, or in the Name or Names of any other Perfon or Perfons whatfoever, or otherwife howfoever, in any Part or Share of or in the Capital, Principal Stock or Actions of any fuch foreign Company, Society or Corporation as aforefaid, or fhall make any Payments in Money, or by Bills of Exchange, Remittances or otherwife, to,, for or towards the railing, fupporting, fuftaining, encouraging or promoting fuch foreign Company, Society or Corporation, or the Trade or Traffick thereof, or fhall fubfcribe, contribute to, encourage or promote the raifing, eftablifhing or carrying on any other foreign Company or Companies hereafter to be raifed, formed or erected, for trading or dealing to the Eaft-lndies or Parts aforefaid, or fhall become interefted in or entitled unto any Share in the Stock or Capital of fuch laft mentioned Company or Com- panies ; every fuch Perfon and Perfons fo offending fhall forfeit all his, her and their Intereft, Share, Pro- portion and Concern in the Capital, Principal Stock or Actions of any fuch foreign Company, Society or Corporation as aforefaid, together with treble the Value thereof; one third Part thereof to the Ufe of his Majefty, his Heirs and Succeffbrs, and the remaining two third Parts thereof to the Ufe of the faid United Company, if they fhall inform, fue or profecute for the fame; or otherwife, one third Part of fuch two Thirds fhall be to the Ufe of fuch Perfon or Perfons as fhall inform or fue for the fame, fuch Informer or Profecutor firft taking fuch Directions and Confent as hereafter is mentioned for that Purpofe ; and the laid Penalties fhall and may be recovered by Action of Debt, Bill, Plaint or Informa- tion, in any of his Majefty's Courts of Record at Weftminfter, wherein no Efibin, Wager of Law or Protection fhall be allowed, nor any more than one Imparlance. H. Provided neverthelefs, and it is hereby further enacted and declared by the Authority aforefaid, That it fhall and may be lawful to and for his Majefty's Attorney General for the Time being, of his own Au- thority, or at the Relation of the faid United Company, and to and for the faid United Company, to file or exhibit a Bill or Bills of Complaint in his Majefty's High Court of Chancery or Court of Exchequer, againft any Perfon or Perfons who fhall have fubferibed, contributed to, encouraged or promoted, or any ways become interefted or concerned in the raifing, efbtblifhing or carrying on any fuch foreign Com- pany, Society or Corporation as aforefaid, or the Stock, Capital, Trade or Traffick thereof, for the Dif- covery of fuch his, her and their Offence, remitting or waiving in every fuch Bill, the faid Forfeiture of the treble Value of the Offender's Stock, Intereft, Share, Proportion and Concern in the Principal Stock or Actions of any fuch foreign Company, Society or Corporation, and infilling only on the fingle Value 1 thereof, and thereupon fuch Perfon and Perfons fhall anfwer the faid Bill or Bills, and not plead or de- : mur to the Difcovery thereby fought, and in fuch Cafe the fingle Value only of fuch Intereft, Share, Pro- portion and Concern fhall be decreed to be paid by fuch Offender or Offenders ; one third Part whereof fhall
 * fome or one of them particularly mentioned and defcribed, to the Intent that the Britijh Nation might