Page:Ruffhead - The Statutes at Large - vol 6.djvu/496

 43° C. 37- General Iffue. Treble Cofij. This Aft not to aft'eft the Eaft India Company. S« farther »3 Geo, 2. c. 34. 'PreatnMe, re- eititing the Aft >6Ct:o. I, c. iS. w Anno dechno quarto Georgii II. A. D. 1741, Growth, Produce or Manufacture of Perjia, or not, or were imported contrary to the true Intent and Meaning of this Act, and the fame fhall for that Reafon be feized as forfeited ; the Proof thereof (hall be incumbent on the Importer or Claimer, and not upon the Officer or Informer; and the Commiffioners of the Cuftoms, if they fee fufneient Caufe, fhall and may direct the Officer of the Cuftoms who made the Seizure, to proceed in the Profecution thereof, or not ; and Judgment thereupon fhall be given for Recovery of the Forfeiture. V. And be it further enacted by the Authority aforefaid, That if any Action or Suit fhall be com- menced againft any Perfon or Perfons for any Thing done in purfuance of this Act, the Defendant or Defendants in fuch Action or Suit may plead the General Iffue, and give this Act, and the Special Mat- ter 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 fhall appear fo to have been done, then the Jury fhall find for the De- fendant or Defendants ; and if the Plaintiff fhall be nenfuited, or difcontinue his Action, after the De- fendant or Defendants (hall have appeared, or if Judgment (hall be given upon any Verdict or Demurrer againft. the Plaintiff, the Defendant or Defendants fhall and may recover treble Cofts, and have the like Remedy for the fame, as Defendants have in other Cafes by Law. VI. Provided alio, 1 hat any thing in this Act • contained (hall not extend, or be conftrue ! to extend, to hinder or deprive the Corporation of the United Company of Merchants of England trading to the Eaft Indies, from having and enjoying all and every fuch Powers, Privileges, Franchifes, Benefits, Mat- ters or Things, as do or fhall belong to them, or which they could or might enjoy in any Manner of wife, if this Act had not been made; anything in this Act to the contrary notwithltanding. VII. And be it further enacted by the Authority aforefaid, That this (Hall be adjudged and deemed to be a Publick Act, and (hall be judicially taken Notice of as fuch, by all Judges, Juftices and other Per- fons, without fpecially pleading the fame. C A P. XXXVII. An A£l for reftraining and preventing feveral unwarrantable Schemes and Undertakings in his Majefty's Colonies and Plantations in America. H E R E A S in and by an Act made in the fixth Year of the Reign of his late Majely King George the Firft, intituled,- An Ail for the better fecuring certain Powers and Privileges ititt to be granted by his Majefty by two Charters, for Affurance of Ships and Merchandizes at Sea, and for lending Money upon Bottomry, and for reftraining feveral extravagant and unwarrantable Praclices therein mentioned,-- for fupprejjitig the mifchievous and dangerous Undertakings and Attempts therein mentioned and ,V- fcribed, and preventing the like for the future ; it was enadted, That from and after the twenty-fourth Day of 'June one thoufand feveh hundred and twenty, all and every the Undertakings and Attempts therein before defcribed, and all other publick Undertakings and Attempts tending to the common Grievance, Prejudice and Inconvenience of his Majefty's Subjects, or great Numbers of them, in their Trade, Commerce or other lawful Affairs, and all publick Subfcriptions, Receipts, Payments, Affignments, Transfers, pretended Alignments and Transfers, and all other Matters and Things whatfoever, for furthering, countenancing or proceeding in any fuch Undertaking or Attempt, and more particularly the acting or prefuming to act as a corporate Body or Bodies, the railing or pre- tending to raife transferrab;e Stock or Stocks, the transferring or pretending to transfer or affign any Share or Shares in fuch Stock or Stocks without legal Authority, either by Act of Parliament or by any Charter from the Crown, to warrant fuch acting as a Body Corporate, or to raife fuch transferrable Stock or Stocks, or to transfer Shares therein ; and all acting or pretending to act under any Charter, formerly granted from the Crown for particular or fpecial Purpofes ;' therein expreffed, by Perfons who did or fhould ufe, or endeavour to'ufe, the fame Charters for raifing a Capital Stock, or for making Transfers or Affignments, or pretended Transfers or Affignments of fuch Stock, not intended or de- figned by fuch Charter to be raifed or transferred ; and all -acting 6r pretendingto act under any obfoleti Charter, become void or voidable by Nonufer or Abufer, or for want ' of making lawful Elections which were necefTury to continue the Corporation thereby intended, fhould, as to all or any fuch Acts, Matters and Things as fhould be acted, done, attempted, endeavoured or proceeded upon alter the faid twenty-fourth Day of June one thoufand ("even hundred and twenty, for ever be deemed to be' illegal and void, and fhould not be practifed, or in any -wife put in Execution: And it was further enacted, That from and after the faid twenty-fourth Day of June one thoufand feven hundred and twenty, all fuch unlawful Undertakings and Attempts fo tending to the common Grievance, Prejudice and Inconvenience of his Majefty's Subjects, or a great Number of them, in their Trade, Commerce or other lawful Affairs, and the making or taking of any Subfcriptions for that Purpofe, the receiv- ing or paying of any Money upon fuch Subfcripiions, the making or accepting of any Affignment or Transfer, or pretended Affignment or Transfer, of any Share or Shares upon any fuch Subfcription ; and all and every other Matter and Thing whatfoever, for furthering, countenancing or proceeding in any fuch unlawful Undertaking or Attempt, and more particuarly the prefuming or prettnding to afl as a corporate Body, or to raife a -transferrable Stock or Stocks, or to make Transfers or Affignments of any Share or Shares therein, without fuch legal Authority as aforefaid ; and all-acting, or .pretending to act, under any Charter formerly granted from the Crown for any particular or (p:cial Purpoies therein expreffed, by Perfons maki.-.g or endeavouring to make ufe of fuch Charter for any fuch other Purpofe not thereby intended, and all acting or "pretending to act under any fuch obfolct* Charter as