Page:Ruffhead - The Statutes at Large - vol 6.djvu/215

 A. D. 1734. Anno feptimo Georgii II. C. 8. 153 {hall voluntarily, before any Action or Suit commenced, a&ually ■ and bona fide, without Covin or Col- kifion repay or tender, before one or more Witnefs or Witncfll-s, luch Monies or Premium, as he, fhe or they fhall have had, taken, received, or been paid, as aforefaid ; and alio except fuch Per- fons who fhall difcover fuch Tranfactions in any Court of Equity) fhall forfeit and pay the Sum of five hundred Pounds ; and alfo all and every Brokers, Agents, Scriveners, or other Perfons negotiat- ing, transacting, or writing any fuch Contract, Bargain, or 'Agreement, as aforefaid, Ihall likewife forfeit and pay the Sum of five hundred Pounds ; which faid Penalties (hall and may be recover- ed by Action of Debt, Bill, Plaint, or Information, in' any of His Majefty's Courts of Record at JVeftminfter, in which no Effoin, Privilege, Protection, or Wager of Law, or more than one Imparlance, (hall be allowed ; one Moiety thereof to the Ufe oV His Maje'ity, His Heirs, and Succeffors, and the other Moiety thereof to the Ufe of him, her or them, who (hall Cue for the fame. V. And for preventing the evil Practice of compounding or making up Differences for Stocks or icol. Pen ilty other Securities bought, fold, or at any Time hereafter to be agreed fo to be, Be it further enacted ceivhicMon.-y" by the Authority aforefaid, That no Money or other Confideration whatfoever (except as herein after is t0 compound provided) (hall, from and after the faid firft Day of June one thoufand feven hundred and thirty- Differences re- four, be voluntarily given, paid, had, or received, for the compounding, fatisfying, or making up any J, a " t n J^i' ^_ Difference for the not delivering, transferring, having, or receiving any Publick or Joint Stock, or uvered. other Publick Securities, or for the not performing of any Contract or Agreement fo ftipulated and agreed to be performed ; but that all and every luch Contract and Agreement (hall be fpecifically performed and executed on all Sides, and the Stock or Security thereby agreed to be afilgned, trans- ferred, or delivered, (hall be actually fo done, and the Money, or other Confideration thereby agreed to be given and paid for the fame, mail alfo be actually and really given and paid ; and all and every Perfon and Perfons whatfoever, who (hall, from and after the faid firft Day of June one thoufand feven hundred and thirty-four, voluntarily compound, make up, pay, fatisfy, take, or receive, fuch Difference Money, or other Confideration whatfoever, for the not delivering, transferring, affigning, having, or receiving fuch Stock, or other Security fo to be agreed to be delivered, transferred, afligned, had, or received, as aforefaid (except in the Manner herein after provided) (hall forfeit and pay the Sum of one hundred Pounds, to be recovered by Action of Debt, Bill, Plaint, or Information, in any of His Majefty's Courts of Record at Wefiminfter, in which no Effoin, Privilege, Protection, or Wager of Law, or more than one Imparlance, (half be allowed ; one Moiety thereof to the Ufe of His Majefty, His Heirs and Succeffors, and the other Moiety thereof to the Ufe of him, her or them, who (hall fue for the fame. VI. Provided neverthelefs, That no Perfon or Perfons, who fhall fell any Publick or Joint Stock, or Stock fold, and other Publick Securities, to be delivered and paid for on a certain Day, and which (hall be refuted or J 1. ' ^ e ' < "' r " neglected to be paid for, according to fuch Agreement, fhall be obliged to transfer the fame; but it fixed, 'may P b which can be obtained; and after fuch Sale to receive (if the Parties can agree) or to recover, as and the Buyer aforefaid, from the Perfon or Perfons who firlt contracted for the fame, all the Damage which (hall be [£ e ™ a a maf°° d fuftained thereby. VII. And provided alfo, That it fhall and may be lawful to and for any Perfon or Perfons, who Stock bought, fhall buy any Publick or Joint Stock, or other Publick Securities, to be accepted and paid for on *" d r j 0t a ^" a future Day, and which (hall be refuted or neglected to be transferred, to buy the like Quantity Time prefixed, of fuch Stock, or other Publick Securities, of any other Perfon or Perfons at the current Market the Buyer may Price, and to recover and receive, after fuch Pufchafe and Acceptance (if the Parties can agree) from §Wk a ^nd*e- the Perfon or Perfons who firft contracted to fell or deliver the fame, the Damage which (hall be cover'his Da- fuftained by reafon of the not delivering or not transferring fuch Stock or other Securities ; any thing mage. in this A£t, or any Law, Ufage, or Cuttom to the contrary notwithstanding. ' VIII. And whereas it is a frequent and mifchievous Practice for Perfons to fell and difpofe of 5°°i. Penalty ' Stocks, or other Securities, of which they are not poffeffed :' Be it therefore further enacted by the fJiih^stock of Authority aforefaid, That all Contracts and Agreements whatfoever, which ihall, from and after the which they are faid firft Day of June one thoufand feven hundred and thirty-four, be made or entred into for the not actually buying, felling, affigning, or transferring of any Publick or joint Stock or Stocks, or other Publick T ° n e ,fof ti le Securities whatfoever, or of any Part, Share, or Intereft therein, whereof the Perfon or Perfons con- Contraft. tracting or agreeing, or on whofe Behalf the Contract or Agreement (hall be made, to fell, affign, and transfer the fame, (hall not, at the Time of making fuch Contract or Agreement, be actually poffeffed of, or intitled unto, in his, her, or their own Right, or in his, her, or their own Name or Names, or in the Name or Names of a Truftee or Truftees to their Ufe, (hall be null and void to ail Intents and Purpofes whatfoever ; and all and every Perfon and Perfons whatfoever, contracting or agreeing, or on whofe Behalf, and with whofe Content, any Contract or Agreement (hall be made, to fell, affign, or transfer any Publick or Joint Stock or Stocks, or other Publick Securities, whereof fuch Perfon or Perfons fhall not, at the Time of making fuch Contract or Agreement, be actually pof- feffed of, or intitled unto, in his, her, or their own Name or Names, or in the Name or Names of a Truftee or Truftees, to their Ufe, or their own Right, as aforefaid, fhall forfeit and pay the Sum of five hundred Pounds, to be recovered by Action of Debt, Bill, Plaint, or Information, in any of his Majefty's Courts of Record at TVeJiminfter, in which no Effoin, Privilege, Protection, or Wager of Law, or more than one Imparlance, fhall be allowed ; one Moiety thereof to the Ufe of his Majefty, his Heirs and Succeffors, and the other Moiety thereof to the Ufe of him, her, or them who ihall Vol. VI. 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