Page:Ruffhead - The Statutes at Large - vol 6.djvu/308

 246 @i 36. Anno nono Georgii II. A. D. 1736. acting in their Afliftance, (hall and may plead the General Iffue, and give this Act and the fpecial Mat- ter thereof in Evidence in his and their Defence ; and all his Majefty's Tuftices of the Peace, and other Tuftices and Perfons before whom any fuch Officer or Officers or other Perfons acting in their AiTiftance mall or may be brought for or on Account of any fuch wounding, maiming or killing as aforefaid, are hereby authorized and impowered, enjoined and required, to admit every fuch Perfon and Perfons lb brought before him or them as aforefaid to Bail ; any Law, Ufage or Cuftom to the contrary notwith- ftanding. This Aft not to XXXVI. Provided always, That nothing in this Act contained (hall extend, or be conftrued to extend, Pe'foiw f " y . t0 indemnify, releafe or discharge any Perfon or Perfons from or againd any Suit, Information or Profe- teti by t^i'eEaft- cution, by or on the Behalf of the United Company of Merchants of England trading to the Eajl India, -India'company. commenced or to be commenced, as well for his Majefty, his Heirs or SuccefTors, as for their.i.'elves, or for themfelves only, or from or againft any Penalty, Forfeiture or Demand, or PJght of Suit for the fame, which the faid United Company are by Law intitled unto ; any thing in this Adt contained to the contrary in any wife notwithstanding. XXXVII. And be it further enacted by the Authority aforefaid, That if any Action or Suit (ball be commenced againft any Perfon or Perfons for any thing done in purfuance of this Act, the Defendant or Cerferal Iffue. Defendants in fuch Action or Suit may plead the General Iffue, and give this Act and the Special Matter in Evidence at any Trial to be had thereupon, and that the fame was done in purfuance and by Authority of this Act ; and if it (hall appear fo to have been done, then the Jury (hall find for the Defendant or Defendants ; and if the Plaintiff (hall be nonfuited, or difcontinue his Action, after the Defendant or -Defendants (hall have appeared, or if Judgment (hall be given upon any Verdict or Demurrer againft Treble Cods, the Plaintiff, the Defendant or Defendants (hall and may recover Treble Cofts, and have the like Re- The Court of medy for the fame, as Defendants have in other Cafes by Law. King's Bench, XXXVIII. Provided alwaj's, That nothing in this Adt contained fhall extend, or be conftrued to ex- ° r J» fti c>ary in tend, to reftrain his Majefty's Court of King's Bench, or any of the Judges thereof, or the Court of ■retrained from Judiciary in Snthnd refpeeStively, from bailing any Perfon committed for Felony by virtue of this Act, in bailing Perfons fuch Manner as they may by Law do in other Cafes of Felony. committed •on this ,Aft. Concerning Cuftoms fee farther 15 Geo. a. c 31. iS Geo. 2. c. 28. 19 Geo. 2. c. 34. 21 Geo. 2. c. 2. 28 Geo. 2. c, 21. 30 Geo. 2. c. 18 & 29. 32 Geo. 2- c. 10. CAP. XXXVI. An Act. to reftrain the Difpofition of Lands, whereby the fame become unalienable. Preamble. For firmer ham < TT7HEREAS Gifts or Alienations of Lands, Tenements or Hereditaments, in Mortmain, are pro- »a"7«f«- 1°' ' * * hibited or reftrained by Magna Charta, and divers other wholfome Laws, as prejudicial to and <}H.{.ft.i.c.Tf>. ' againft the common Utility; neverthelefs this publick Mifchief has of late greatly increafed by many vEd.z.jht.n. * large and improvident Alienations or Difpofitions made by languifliing or dying Perfons, or by other f. 3 ,1. '■ ' Perfons, to Ufes called Charitable U/es, to take Place after their Deaths, to the Dilherifon of their lawful x%Ed. l.jiat. i. ' Heirs ; ' For Remedy whereof be it enacted by the King's moft Excellent Majefty, by and with the Ad- C ' a n v ' ce anc ' Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affein- c. 3. ' be in the Year of our Lord one thoufand feven hundred and thirty-fix, no Manors, Lands, Tenements, 15 i/'s' c ' 5 " R en *s, Advowfons or other Hereditaments, Corporeal or Incorporeal whatfoever, nor any Sum or Sums V'&'z p'&°m. °f Money, Goods, Chatties, Stocks in the publick Funds, Securities for Money, or any other Pe:fonal ■<-. 8. ' Eftate whatfoever, to be laid out or difpofed of in the Purchafe of any Lands, Tenements or Heredita- 39^/iz. e. 5. merits, fhall be given, granted, aliened, limited, releafed, transferred, affigned or appointed, or anyways &i$Ca,'. conveyed or fettled to or upon any Perfon or Perfons, Bodies Politick or Corporate, or otherwife, for any c. 12. Eftate or Intereft whatfoever, or any ways charged or incumbered by any Perfon or Perfons whatfoeser, •f&tWifrc.yf. j, n Truft, or for the Benefit of any charitable Ufes whatfoever ; unleis fuch Gift, Conveyance, Appoint- 1736^ roE merit or Settlement of any fuch Lands, Tenements or Hereditaments, Sum or Sums of Money, or Per- nors, Lands, &c fonal Eftate (other than Stocks in the publick Funds) be and be made by Deed indented, fealed and de- nor Money to be livered in the Prefence of two or more credible Witneffes twelve Calendar Months at leaft before the to be given "ib/' Death of fuch Donor or Grantor (including the Days of the Execution and Death) and be inrol'ed in his charitable Ui'es, Majefty's High Court of Chancery, within fix Calendar Months next after the Execution thereof; and " n d tfS t b d y De rf d un ^ e f s f ucri Stocks be transferred in the publick Books ufually kept for the Transfer of Stocks fix Calendar executed' before Months at leaft before the Death of fuch Donor or Grantor (including the Days of the Transfer and 2 witneffes Death) and unlefs the fame be made to take Effect in Poffeffion for the charitable Ufe intended, immedi- at trTD* w af ely from the making thereof, and be without any Power of Revocation, Refervarion, Truft, Condition, of the Donor, Limitation, Claufe or Agreement whatfoever, for the Benefit of the Donor or Grantor, or of any Perfon andinroiied.-Xrc. or Perfons claiming under him. ? ri 6 la ' d L t ' m '" ^f'- P rov ided always, That nothing herein before-mentioned relating to the fealing and delivering of extend to Pur- an y Deed or Deeds twelve Calendar Months at leaft before the" Death ot the Grantor, or to the Transfer chafes oi-Trans- of any Stock fix Calendar Months before the Death of the Grantor or Perfon making fuch Transfer, {r'h "bl C ' e c f0r " extenc ''> or be conftrued to extend, to any Purchafe of any Eftate or Intereft in Lands, Tenements liberations. " or Hereditaments, or any Transfer of any Stock, to be made really and bona fide for a full and valuable Gins, &c, made Conlideration actually paid at or before the making fuch Conveyance or Transfer without Fraud or Col- altf 5 ^thc'rwT IuI '° n - iiwVdirectedby HI- And be it further enacted by the Authority aforefaid, That all Gifts, Grants, Conveyances, Ap- tHis Act, to be pointments, Affiiranccs, Transfers and Settlements whatfoever, of any Lands, Tenements or other He- abfotuteiy veH. reditaments.
 * l EJ. /Jt.*'. hied, and by tire Authority of the fame, That from and after the twenty-fourth Day of June, which (hall