Page:Ruffhead - The Statutes at Large - vol 5.djvu/641

 A. D. 1725. Anno duodecimo Ge org 11 Regig. C. 33. 603 Ufe or U'es than fuch as fliall be hereafter directed by Parliament; any Tiling herein contained to the con- trary notwithstanding. XXIV. And in Order to a full Difcovery of the Eftatcs and Effects of the fit id three deficient Makers of r,un- the faid Court of Chancery, Be it further enacted by the Authority aforefaid, That fuch of the {aid three otht Maflers, who on the faid laft Day of Hillary Term one thoufand feven hundred and twenty-fix, fliall be Bank the B»- deficient in bringing into or before the Bank of England, the Balance of what is due from him or th oftbeir the Suitors of the laid Court, fliall, before the firw Day of £ after Term one thoufand feven hundred and twenty-fi ven, be examined upon Oath, upon fuch Interrogatories touching al! and Angular his and their Lands, Tenements, Goods, Chattels, Debts, and Perfonal Eftate whatl'ocver, and fuch other Things as may tend to difclofe his and their Eftate, or any fecret Grants, Conveyances or Difpofition of his and their Lands, Tenements, Goods, Chattels, Debts and Perfonal Eflate, as the Court of Chancery {hull think meet; and in cafe any of the' faid three Maflers who fliall be deficient at the Time aforefaid, {hall refute or neglect to attend and be examined upon Oath, in Order for fuch Difcovery, orfhall be guilty of any wilful Concealment, Omiflion or Falfity in any Examination had, in Purfuancc of this Act ; then or in any of fuch Cafes, every of them the faid Maflers fo offending, being thereof lawfully convicted, fliall be adjudged guilty of Felony, and {hall fuft'er Death as a Felon without Benefit of Clergy, and fliall forfeit to guilty of Felony, the King, his Heirs and Succeflbrs, for the Benefit of the Suitors of the faid Court of Chancery, all and * Cl Angular his Lands, Tenements, Hereditaments, Goods and Chattels whatfoever. XXV. And be it further enacted by the Authority aforefaid, That in cafe any Perfon or Perfons, being Petfrns detain^ known, fuppofed or fufpected to have or detain any Part of the Lands, Tenements or Hereditaments, l n, '7' y ° fl Goods, Chattels or Perfonal Eflate of any of the faid deficient Matters, or to be able to give any Infer- refufineto'api rnation or Evidence concerning the fame, or to be indebted to or for the Benefit of any of them, {hall, ptaron Sum- alter lawful Summons to appear before one or more of the Maflers of the faid Court of Chancery, to be mom,tobccom. examined concerning any the Real or Perfonal Eflate or Effects of the faid deficient Maflers, or any of nut,eJ t0 ,hs them, or any Matter or Thing concerning the fame, neglect or refufe to come before fuch Matter or Ala- FlMt ' iters at the Time appointed in fuch Summons, having no lawful Impediment, fuch as fliall be allowed by the faid Matter or Matters, and which fliall be then fignified and made known to the faid Matter or Ma- flers, or fliall refufe to be fworn or to make Anfwer to fuch Interrogatories as fhall be adminiftxed to him or them, according to the true Intent and Meaning of this A£t ; which faid Summons and Examination upon Oath, upon Interrogatories to be adminiftred to every fuch Perfon or Perfons, all and every the Ma- tters of the Court of Chancery are and is hereby authorized and required to iffue, take and adminifter; then and in the faid refpective Cafes it fhall be lawful for the Court of Chancery to iffue their Warrant or Warrants to apprehend any Perfon fo neglecting or refuting to appear as aforefaid, and to commit to the Pri- fon of the Fleet all and every fuch Perfon and Perfons as fliall fo refufe to be fworn, or make Anfwer to fuch Interrogatories as fliall be adminiftred as aforefaid, there to remain, without Bail or Mainprize, until fuch Time as the faid Perfon fo refuting to be fworn or examined fhall fubmit him or herfelf to be examined, according to the true Intent and Meaning of this Act. XXVI. And for the more effectual Difcovery of the Eftates and Effects of fuch deficient Maflers of the Concealers for- faid Court as aforefaid, and every of them, Be it further enacted by the Authority aforefaid, That all and fc T ;t lrebl = t»e every Perfon and Perfons, who {hall have accepted of any Truft or Trufts, or fhall conceal or protect any a ue * Eftate, Real or Perfonal, of or for any of fuch deficient Matters as aforefaid, and fhall not before the twenty- fourth Day of June one thoufand feven hundred and twenty-feven truly difcover and difclofe fuch Truft and Eftate in Writing to the Lord High Chancellor, Lo d Keeper or Lords Commiffioners for the Cuftody of the Great Seal for the Time being, fhall forfeit treble the Value of the Eftate, Real or Perfonal, fo con- cealed ; one Moiety thereof to his Majefty, his Heirs and Succeflbrs, for the Benefit of the Suitors of the faid Court of Chancery, and the other Moiety to him or them who fliall fue for the fame; to be recovered by Action of Debt, Bill, Plaint or Information in any of his Majefty's Courts of Record at Weftmirifter, wherein no EiToin, Protection or Wager of Law fliall be allowed, nor any more than one Imparlance ; in " which Cafes Cofts fhall be allowed to the Plaintiff as in other Cafes, and fliall fuffer Imprifonment for the Space of one whole Year without Bail or Mainprize. XXVII. And be it further enacted by the Authority aforefaid, That every Perfon who fliall before the Premium for twenty-ninth Day of September in the Year of our Lord one thoufand feven hundred and twenty-feven vo- difcovering any luntarily come before one of the Matters of the faid Court of Chancery for the Time being, and make a of the deficient true Difcovery in Writing upon Oath of any Part of the Eftate, Real or Perfonal, of any fuch deficient Malicrs Ellatef# Matters as aforefaid, which fliall have been concealed, and not inferted and difcovered in and by his Ex- amination, fhall be allowed after the Rate of twenty Pounds per Centum, according to the Value of fuch Eftate or Effects fo difcovered, being in any Part beyond the Seas; and after the Rate of ten Pounds per Centum, according to the Value of fuch Eftate or Effects fo difcovered, remaining within this Kingdom ; to be paid and allowed to fuch Perfon or Perfons out of the faid Eftate and Effeds, or otherwife to be re- covered by Action of Debt to be brought upon this Act againft the Perfon whofe Eftate and Effects fliall be fo difcovered. "XXVIII. Provided always, and be it further enacted by the Authority aforefaid, That all and every the All Lands of the Lands, Tenements, Hereditaments, Goods, Chatties, Debts, Sums of Money and Perfonal Eftate what- deficient Mafteri foever of any of fuch deficient Matters as aforefaid, which fliall be forfeited and recovered by Virtue of ^eBar.k mt ° this Act, fliall be paid into the B.mk of England without Fee or Reward, and be made Part of the general and common Cafh belonging to the Suitors of the faid Court of Chancery, and as fuch fliall be from thence iffued and iffuable for the Ufe and Benefit of the faid Suitors. ' XXIX. And whereas it appears by the Report of Robert Holfnrd, Efquire, one of the Mailers of (he CWein Favour 4 High Court of Chancery, dated the fixth Day of March one thoufand feven hundred and twenty-five, of Margaret ' That Edward Comva;, Efquire, is deficient iirhis Accounts of the Money and Effects of the Suitors in c 4 H 2 ' the