Page:Ruffhead - The Statutes at Large - vol 6.djvu/755

 A. D. 1746. Anno decimo 110110 Georgii II. C. 33, 34. 689 one thoufand fcven hundred and forty-fix, no Perfon who is or (hall be really and bona fide a Creditor Af! " r *? °"- of any Bankrupt, for or in refpeet of Goods really and bona fide fold to fuch Bankrupt, or for or in ojrftnkrSpi refpeet of any Bill or Bills of Exchange really and bona fide drawn, negotiated or accepted by fuch not li. Bankrupt, in the ufual and ordinary Courfe of Trade and Dealing, (hall be liable to refund or repay to re J nrlt0 ,he the Affignee or Affignces of fuch Bankrupt's Eftate, any Money which, before the fuing forth of fuch MomeT£i«iwd Commimon, was really and bona fide, and in the ufual and ordinary Courfe of Trade and Dealing, re-befbreNoi ceived by fuch Perfon of any fuch Bankrupt, before fuch Tune as the Perfon receiving the fame IhalJ Infolvencjr, &c know, underftand or have Notice that he is become 'a Bankrupt, or that he is in infolvent Cir- cumftances. ' II. And whereas Merchants and other Traders frequently lend Money on Bottom-ree, or at Re- ' fpondentia, and in the Courfe of their Trade frequently caufe their Ships or VcfTels, and the Goods and ' Merchandizes loaded thereon, to be infured ; and where Commifiions of Bankruptcy have iffued againft ' the Obligor in fuch Bottoin-ree or Refpondentia Bond, or the Undcr-writer or Affurcr in fuch Al- ' furance, before the Lofs of the Ship or Goods, in fuch Bond or Policy of Infurance mentioned, hath ' happened, it hath been made a Queftion, whether the Obligee or Obligees in fuch Bond, or the ' Affured in fuch Policy of Infurance, (hould be let in to prove their Debts, or be admitted to have any medy whereof, be it enacted by the Au'^ority aforefaid, That from and after the laid twenty-ninth Obliges in Day of OBober, the Obligee in any Bottom-ree or Refpondentia Bond, and the Affured in any Policy Bottom ret, &c. of Infurance, made and entered into upon a good and valuable Confideration, bona fide, (hall be ad- alto mined to claim ; and after the Lofs or Contingency (hall have happened, to prove his, her or their Debt and Demands in refpeet of luch Bond or Policy of Infurance, in like Manner as if the Lofs or Contingency had happened before the Time of the iffuing of the Commiflion of Bankruptcy againft fuch Obligor or Infurer ; and fhall be intitled unto, and (hall have and receive a proportionable Part, Share and Dividend of fuch Bankrupt's Eftate, in Proportion to the other Creditors of fuch Bankrupt, in Dividends, like Manner as if fuch Lofs or Contingency had happened before fuch Commiflion iffued ; and all Bankrupts d,f- and every Perfon or Perfons againft whom, from and after the faid twenty-ninth Day of October, any charged' from Commiflion of Bankruptcy (hall be awarded, fhall be difcharged of and from the Debt or Debts owing D <* ts ° n Po - by him, her or them, on every fuch Bond and Policy of Infurance as aforefaid, and (hall have the ranee &c U " Benefit of the feveral Statutes now in Force againft Bankrupts, in like Manner, to all Intents and Pur- pofes, as if fuch Lofs or Contingency had happened, and the Money due in refpeet thereof had become payable, before the Time of the iffuing of luch Commiflion. CAP. XXXIII. An Act to indem Promotions, wi mnify Perfons who have omitted to qualify themfelves for Offices, Employments, and thin the Time limited by Law, and for allowing further Time for that Purpofe. E X P. CAP. XXXIV. .rilUS An Aft for the further Punifhment of Perfons going armed or difguifed, in Defiance of the Laws of Cuftoms or Excife •, and for indemnifying Offenders againft thofe Laws, upon the Terms in this Aft mentioned ; and for Relief of Officers of the Cuftoms in Informa- mations upon Seizures. ' XX'7'HERE AS divers diflblute Perfons have aflociated themfelves, and entered into Confederacies to Former La ' VV fupport one^another, and have appeared in great Gangs in feveral Parts of this Kingdom, car- eonarmagCu- ' rying Fire-arms, or other offenfive Weapons ; and when fo affembled, have been aiding and aflifting{ '"' lz Car ' z ' ' in running, landing or carrying away prohibited or uncuftomed Goods, or Goods liable to Duties ot 13 6f 14 Car. s. ' Excife, or in the illegal relanding of any Goods or Merchandizes, which have been (hipped or export- c - "• ' ed upon Debenture or Certificate, or in refcuing the fame after Seizure, or in obftructing the Officers ^^(^M.'fl.'i.. ' the Lofs of the Publick Revenue: And whereas feveral Officers of the Cuftoms and Excife, and their 4 & sjt'- & -W« ' Office, or otherwife, by the faid diflblute Perfons, fo aflociated and affembled as aforefaid, to the great 6 4=r 7 ;,''. 3.^. 7. ' Terror of his Majefty's peaceable Subjects, in Defiance of the Laws, and to the utter Subverfion of-s£ w - •■ c - "■ ' all Civil Authority and Power whatfoever : ' For Remedy of which many and great Inconveniencies, _ G e °'_ , £ V.' be it enacted by the King's moft Excellent Majeity, by and with the Advice and Co.ifent of the Lords c z. Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of ! . < * >  '■ *S« the fame, That if any Perfons, to the Number of Three or more, armed with Fire-arms or other of- 9 (J~ rG . ',' r 2r- fenfive Weapons, fhall, from and after the twenty-fourth Day of July in the Year of our Lord one iiGu>. 1. c j® thoufand ("even hundred and forty-fix, be affembled, in order to be aiding and affilting in the illegal 3* • Exportation of Wooll or other Goods prohibited to be exported, or the carrying of Wool! or other fuch {'o'".'z.'jt. 7. Goods, in order to fuch Exportation, or in the running, landing or carrying away prohibited or unci!- c. 17. ftomed Goods, or Goods liable to pay any Duties, which have not been paid or fecurcd ; or in the 9 6 ''?' z c - ~>y. illegal relanding of any Goods whatfoever, which have been (hipped or exported upon Debenture or ^gZ.Z c'At. VOL, VI. 4 T .Certificate ; Armed Prions to the Nun: ^tr of three, affembled to affift in the illegal exporting or running of Goods, &c. Offsets Ogalnjl this A3 tin- ex(cp!caout of the gmiral r.irJ:i:. ** u«. 7.. r. ;,i.
 * Benefit or Dividend under fuch Commiflion, which may be a Difcouragement to Trade :' For Re-
 * of the Revenue in the Execution of their Office, to the great Difcouragement of the fair Trader, and <-. 4 £? 10.
 * Afliftants, have been wounded, maimed, and fome of them killed, when in the Execution of their e /}{£f ';!</. <•. 1.