Page:Ruffhead - The Statutes at Large - vol 6.djvu/155

 A. D. 1732, Anno quinto Georgii II. C. 25. 93 from Great Britain, on Pain of forfeiting all fuch Coffee, and the Sum of two hundred Pounds, and likewife mall fuffer twelve Months Imprifonment; fuch Forfeiture to be fued for, recovered and ad- judged, in any Court of Record in any of his Majefty's Dominions in Europe, or in any of his Ma- jefty's Plantations ; and what (hall be recovered in purfuance of this Act, in any Court of Record in any of his Majefty's Dominions in Europe, (hall be paid, one Moiety to his Majeftv, and the other Moiety to the Perfon or Perfons who (hall inform or Cue for the fame ; and what (hall be recovered in the Plantations, (hall be divided, one third to his Majefty, one third to the Governor or Commander in Chief, and the other third to the Perfon or Perfons who (hall inform or fue for the fame. V. And be it enacted by the Authority aforefaid, That if any Perfon (hall falfly make any Oath or p ena i,' y on $$/& Affirmation by this Act directed to be made, and (hall thereof, be legally convicted in any of his Ma- Oath orCmin- jefty's Courts of Record in Great Britain, or in any of the Courts of Admiralty in any of the faid Plan- cate> tations where fuch Offence was committed, fuch Perfon fo Guilty fhall forfeit the Sum of two hundred Pounds, and bo imprifoned for the Space of twelve Months ; and if any Perfon (hall forge or counterfeit a Certificate of the faid Oath or Affirmation, or fhall publilh fuch Certificate, knowing the fame to be forged or counterfeited, and be legally convicted thereof in any of the Courts aforefaid, fuch Perfon (hall forfeit the Sum of two hundred Pounds, and fuch Forfeiture (hall be paid, one Moiety to his Ma- jefly, and the other Moiety to the Perfon or Perfons who (hall inform and fue for the fame, to be re- covered and divided as is before directed and appointed. VI. And be it further enacted by the Authority aforefaid, That this Act fhall continue and be in Continuance of force from the laid twenty-fifth Day of March one thoufand feven hundred and thirty-five to the ' his A &- twenty-fifth Day of March one thoufand feven hundred and thirty-nine, and from thence to the End of^Q^" 1 " ** ^. the then next Seffion of Parliament, and no longer. and. farther' bj'. 32 Geo. 2. c. 23.. Concerning Coffee, &c. fee farther,. ]Z Geo. z. c. ia> C A P. XXV. An Acl: for making Procefs in Courts of Equity effectual againft Perfons who abfeond, and- cannot be ferved therewith, or who refufe to appear. c T T THE R E A S fometimes Perfons have withdrawn them felves beyond the Seas, or otherwife ab- Concerning CbM ? 'pofe, or being brought into Court by Habeas Corpus, have refufed to appear ;' For Remedy of the In- 3 6£</. 3. C 9, conveniencies thence arifing, be it enacted by the King's molt Excellent- Majefty, by- and with the Advice '7 %• *• c - 6 - and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, J|§',^ jy.lf, and by the Authority of the fame, That if in any Suit which • hath been, or hereafter fhall be, .com- c. s. menced in any Court of Equity, any Defendant or Defendants, againft whom any Subpoena or other 5 EI - c - * s - Procefs fhall ifrae, fhall not caufe his, her or their Appearance to- be entred upon fuch Procefs within „J pf^uji'' *" ' fuch time, and in fuch manner as according to the Rules of the Court the fame ought to have been 1 w. & M. entred in cafe fuch Procefs had been duly ferved; and an Affidavit or Affidavits fhall be made to the Sa- St - '■ c - 2t - tisfaction of fuch Court, that fuch Defendant or Defendants is or are beyond the Seas, or that upon |, j™' c ' 1 ' Inquiry at his, her or their ufual Place of Abode, he, file or they could not be found fo as to be ferved ii Geo. 1. <•. 32 with fuch Procefs, and that there is juft Ground to believe that fuch Defendant or Defendants is or are & J}-. gone out of the Realm or otherwife abfeond, to avoid being ferved with the Procefs of fuch Court; then Perfons'no^en- and in fuch Cafe the Court out of which fuch Procefs ifuied, may make an Order directing and ap- ifingAppear- pointing fuch Defendant or Defendants to appear at a certain Day therein to be named ;. and a Copy a " ce ™ thin ', h f of fuch Order (hall within fourteen Days after fuch Order made be inferted in the London Gazette, and subpoena, 6 a ' publifhed on- fome Lord's Day, immediately after Divine Service, in the Parifh Church of the Parifh and juftiyfbf- where fuch Defendant or Defendants refpectively made his, her or their ufual Abode within thirty Days p a ed to ab - next before fuch his, her or their abfenting ; and alio a Copy of fuch Order lhall within the Time afore- the'Vrocef's', 01 faid be pofled up as after mentioned (that is to fay) a Copy of every fuch Order made in his Majefty's Court to fix a High Court of Chancery, Court of Exchequer, or the Court oftheDutchy Chamber of Lancaster at ^earan' 3 Wejimhiftcr, (hall be pofted up in fome publick Place at the Royal Exchange in London ; and a Copy of to P be inferted in every fuch Order made in any of the Courts of Equity of the Counties Palatine of Chejier, Lancaster the Gazette, and and Durham, or of the great Seffions in Wales, fhall be pofted up at fome publick Place in fome Market ^^church Town wkhin the Jurifdiction of the Court by which fuch Order was made, and nearer! to the Place f the Defen- where fuch Defendant or Defendants reflectively made his, her or their ufual Abode as aforefaid, fuch dam:, and ported Place of Abode being alfo within the Jurifdiction: of the faid Court; and if the Defendant or Defen- p Ja £° me P ublick - dants do not appear within the Time limited by fuch Order, or within fuch further Time as the Court Defendant not fhall appoint, then on Proof made of fuch Publication of fuch Order as aforefaid, the Court being fatif- appearing, fied of the Truth thereof may order the Plaintiff's Bill to be taken pro confejfo, and make fuch Decree the Plaintiff's thereupon as fhall be thought juft, and may thereupon iflue Procefs to compel the Performance of fuch Bill to be taken • Decree, either by an immediate Sequeltration of the real and perfonal Efhte and Effects of the Party fo {^l?} feff ?' ahfenting (if any fuch can be found) or fuch Part thereof as may be fufficient to fatisfy the Demands of q Ue ftred, the Plaintiff or Plaintiffs in the faid Suit, or by earning Poffeffion of the Eftateor Effects demanded by the Bill to be delivered to the Plaintiff or Plaintiffs or otherwife, as the Nature of the Cafe fhall require ; and the laid Court may likewife order fuch Plaintiff or Plaintiffs to be paid and fatisfied his, her or their and pj 3 - int ift Demands out of the Eftate or Effects fo fequeftred, according to the true Intent and Meaning of fuch fatisfied,-. Decree, fuch Plaintiff or Plaintiffs firff. giving fufficient Security in fuch Sum as the Court (hail think proper, to abide fuch Order touching the- Relhtution • of fuch Eflate or Effects as the Court (hall think. 8 proper-
 * ' W fconded, to avoid appearing in Courts of Equity, or being ferved with Procefs for that Pur- g$ ' 3 . V.%!