« PreviousContinue »
had never been made ; any Thing herein contained to the contrary
thereof in any wise notwithstanding. Custom-house XI. Provided also and it is hereby further enaded and declared may take Com. by the Authority aforesaid, That from and after the five and panies sealed
twentieth Day of March One thousand seven hundred and eighi, Bonds for Goods upon any Importation of any Goods or Merchandizes by the laid jipoited.
Englise Company trading to the Eaft Indies, it shall and may be lawful for the Commissioners and Officers of the Customs for the Time being, and they are hereby required from Time to Time to take one or more Bond or Bonds, under the common Seal of the said English Company, for all such of the Customs and Duties chargeable and to be charged on the Goods and Merchandizes fo to be imported as are bondable, or for which Bonds have usually been given; any Law, Statute or Provision to the contrary thereof in any wise notwithstanding.
. XII. And whereas the Governor and Company of Merchants
of London trading into the East Indies, and the rest of the Mem• bers of the English Company trading to the East Indies, are • desirous that a speedy and compleat Union may be had and • perfected pursuani to the before mentioned Indenture Tripar• tite, and have agreed to refer all Matters in Difference con• cerning the same and the compleating the said Union, unto the • final Determination of the Right Honourable Sidney Earl of
• Godolphin, Lord High Treasurer of Great Britain ;' Be it All Differences therefore enacted by the Authority aforesaid, That the said Mat. referred to Earl ters in Difference between the said Governor and Company of Godolphin.
Merchants of London trading into the Eajl Indies, and the rest of the Members of the said English Company, and the settling the Terms of and perfecting and compleating the faid Union, fhall be and is hereby referred to the Judgment, Award and final Deter. mination of the said Sidney Earl of Godolphin, to proceed upon and settle the Terms and Conditions of the same as his Lordihip fhall think fit, so as the whole be made, fettled, perfected and compleated on or before the twenty ninth Day September in the Year One thousand seven hundred and cight, by Writing altested under his Lordship’s Hand and Scal; which faid Award being so made and settled within the Time aforesaid, fhall in all Parts thereof be binding and conclufive, as well to the said Governor and Company of Merchants of London trading into the Eaf Indies, as to the rest of the said Members of the said Enz' Company, and shall be by them complied with and fubmitted to
accordingly. fier Award,
XIII. Provided always and it is hereby further enacted by the &c. Managers
Authority aforesaid, That from and after the making of the said for irrited Trade Award and Surrender of the Charter of the said Governor and Thall be Direce Company of Merchants of London trading into the East Indies, in urs, &c.
parfiiance to the faid Indenture Tripartite, then the Persons who, at the Time of fuch Surrender, fhall, in pursuance of the same Indentare, be the Managers for the united Trade of the Englif Company trading to the East Indies, and none others, shall be the Directors of the said Englis Company, (which Company fhall then be called, Tbe united Company of Merchants of England trading to the Eaft Indies) until such Time as new Directors shall be chosen for the same in pursuance of the said Charter, bearing
Date the fifth Day of September in the tenth Year of His faid late
XIV. And be it further enacted by the Authority aforesaid, Publick Acts.
Persons pretended to be alive, to the Prejudice of those
, asand for Infants, and Husbands in Right of their Wives, and s other Persons having Eftates or Interests determinable upon a
Life or Lives, have continued to receive the Rents and Profits
of such Lands after the Determination of their said particular • Estates or Interests: And whereas the Proof of the Death of
the Persons on whose Lives such particular Estates or Interests • depended is very difficult, and several Persons have been and may • be thereby defrauded:' For Remedy whereof, and for preventing such fraudulent Practices, Be it enacted by the Queen's Mot Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the Authority of the same, That On Affidavit by any Person or Persons who hath or shall have any Claim or Remainder Demand in or to any Remainder, Reversion or Expectancy, in Man, &c. or to any Estate after the Death of any Person within Age, married Woman or any other Person whatsoever, upon A fidavit made in the High Court of Chancery, by the Persons fo claiming fuch Estate of his or her Title, and that he or she hath Caule to believe that such Minor, married Woman or other Persou is dead, and that his or her Death is concealed by such Guardian, Trustee, Husband or any other Person, shall and may once a Year, if the Person aggrieved shall think fit, move the Lord 1 ord Chancellor Chancellor, Keeper or Commissioners for the Custody of the to caule infant, Great Seal of Great Britain for the Time being, to order, and Tenant for Life, they are hereby authorized and required to order such Guardian, &c. to be proTrustee, Husband or other Person, concealing or suspected to
duced, &c. conccal such Person, at such Time and Place as the laid Court shall direct, on personal or other dne Service of such Order, to produce and shew to such Person and Persons, (not exceeding two) as ihail in such Order be named by the Party or Parties prosecuting such Order, such Minor, married Woman or other Perfons aforesaid; and if such Guardian, Trustee, Husband or Guardian,&c. such other Person as aforesaid shall refuse or neglect to produce refusing, or thew ruch Infant, married Woman, or such other Person on whose Life any such Eitate doth depend, according to the Directions of the said Order, that then the Court of Chancery is hereby authorized and required to order such Guardian, Trustee, Husband or other Person to produce such Minor, married Woman or other Person concealed in the said Court of Chancery, or otherwise before Commissioners to be appointed by the said Court, at fuch Time and Place as the Court shall direct, two of which Commisti ners
X X 3
shall be nominated by the Party or Parties prosecuting such Order Costs. at his, her or their Corts and Charges; and in case such Guardian,
Trustee, Husband or other Perfon shall refuse or neglect to produce such Infant, married Woman or other Person to concealed, in the Court of Chancery or before such Commissioners, whereof Return shall be made by such Commissioners, and that Return filed
in the Petty Bag Office, in either or any of the said Cases the said Party concealed Minor, married Woman or such other Person so concealed, shall taken to be dead. be taken to be dead, and it shall be lawful for any Person claiming
any Right, Title or Interest in Remainder or Reversion or otherwise, after the Death of such Infant, married Wo:nan or such other Persons so concealed as aforesaid, to enter upon such Lands, Tenements and Hereditaments as if such Infant, married Woman
or other Persons fo conccaled, were actually dead. Minor, &c. be- II. And be it further enacted by the Authority aforesaid, That yond Sea.
if it shall appear to the said Court by Afidavit, that such Minor, married Woman or other Person for whole Life such Estate is holden, is or lately was at some certain Place beyond the Seas in the said Affidavit to be mentioned, it Mall and may be lawful for the Party or Parties prosecuting such Order as aforesaid at his, her or their Costs and Charges, to send over one or both the faid Persons appointed by the laid Order, to view such Minor,
married Woman or other Person for wliose Life any such Eitatę Gtardian, &c.
is holden; and in case such Guardian, Trustee, Husband or other det fange to pro Person concealing or suspected to conceal such Persons as afore.
said, fhall refuse or neglect to produce or procure to be produced to such Person or Persons a personal View of such Infant, married Woman or other Person for whose Life any furch Estate is holden, that then and in such Casc such Person or Persons are hereby required to make a true Return of such Refufal or Neglect to the Court of Chancery, which Return shall be filed in the Petty Bag Office, and thereupon such Minor, married Woman or other Person for whose Life any such Estate is holden, shall be taken to be dead; and it hall be lawful for any Perfon claiming any Right, Title or Interest in Remainder, Reversion or otherwise, after the Death of such Infant, married Woman or other Person, for whose Life any such Estate is holden, to enter upon such Lands, Tenements and Hereditaments as if such Infant, married Woman or other Person for whose Life any such Estate is holden, were
actually dead. If infa'1,&e. II1.' Provided always, That if it Mall afterwards appear upon alive, aiter Or.
Proof, in any Action to be brought, that such Infant, married der made, Infant, Woman or other Person for whose Life any sı:ch Eitate is holden, &c. inay re
were alive at the Time of such Order made, That then it shall be lawful for such Infant, married Woman, Guardian or Trustee or other Person having any Eitate or Interest determinable upon such Life, to re-enter upon the said Lands, Tenements or Hereditaments, and for such Infant, married Woman or other Person having any Elate or Interest determinable upon such Life, their Executors, Administrators or Asigns, to maintain an Action againit those who, since the said Order, received the Profits of such Lands, Tenements or Hereditaments, or their Executors or Administrators, and therein to recover full Damages for the Profits of the same, received from the Time that such Infant, married
Woman or other Person, having any
Estate or Interest
determinable upon such Life, were ousted of the Possession of such Lands, Tene. ments or Hereditamants.
IV. Provided always, That if any such Guardian, Trustee, In what Cafe Husband or other Person or Persons holding or having any Estate Guardian, &c. to
continue in Pora or Interest determinable upon the Life or Lives of any
other Person or Persons, shall by Affidavit or otherwise, to the Satisfaction of the said Court of Chancery, make appear, that he, the or they have used his, her or their utmoit Endeavours to procure such Infant, married Woman or other Person or Persons on whose Life or Lives such Estate or Interest doth depend, to appear in the said Court of Chancery or elsewhere, according to the Order of the said Court in that Behalf made, and that he, The or they cannot procure or compel such Infant, married Woman or other Person or Persons fo to appear, and that fuch Infant, married Woman or other Person or Persons on whose Life or Lives such Estate or Intereft doth depend, is, are or were living at the Time of such Return made and filed as aforesaid, then it shall be lawful for such Person or Persons to continue in the Possession of such Estate, and receive the Rents and Profits thereof for and during the Infancy of such Infant and the Life or Lives of such married Woman, or other Perfon or Persons on whose Life or Lives such Estate or Interest doth or shall depend, as fully as he, she or they might have done if this Act had not been made.
V. And be it further enacted by the Authority aforesaid, " what Cafe That
every Person who, as Guardian or Trustee for any Infant, Guardian, &c. and every Husband seized in Right of his Wife only, and every puler.
adjudged Trei other Person having any Estate determinable upon any Life or Lives, who after the Determination of such particular Eítates or 'Interests, without the express Consent of him, her or them who are or shall be next and immediately entitied upon and after the Determination of such particular Estates or Interests, shall hold over and continue in Poffeffion of any Manors, Messuages, Lands, Tenements or Hereditaments, shall be and are hereby adjudged to be Trespaliers ; and that every Person and Persons, his, her and their Executors and Adininistrators, who are or shall be. entitled to any such Manors, Mesluages, Lands, Tenemets and Hereditaments, "pon or after the l)etermination of such particnlar Estates or Interests, shall and may recover in Damages against Damages. every such Person or Persons so holding over as aforesaid, and against his, her or their Executors or Administrators the full Value of the Profits received during such wrongful Possession as aforesaid.
tioned, with several Impositions and other Duties, to raise
COST Gracious Sovereign, We Your Majesty's most dutiful
ment alleinbled, duly considering the Neceflity of making an
ample and compleat Provision to enable Your Majesty to carry on
- Impoft, 2 W. & M. Sell.2.c.4., continued to 11t August 1714:
788W.3. c. 10. to be observed. Except certain Parts “ thereof. 86. EXP. Additional Impost by 4 W. & M... 5.
“ continued to itt August 1714, Ø 7. EXP. Proviso for new VIII. Provided also, That in all Cases where any other ProviProvisions, &c.
fion or Alteration is made, by any Act or Acts of Parliament
August 1714. $ 9. [As to the Duties on Whale Fins, jue
• And whereas the said Subfidies of Tunnage and Poundage, 12 Car, 2. c. 4. ' and the said other Duties granted therewith in the faid twelfth
· Year of King Charles the Second as aforesaid, as to Wines, « Goods and Merchandizes imported, and the said Impofitions on
• Wines, Vinegar and Tobacco, which were first granted to King 1 Jac. 2. C. 3, 4. • James the second, in the first Year of His Reign, and the faid
• Impositions on East India Goods, and other Goods charged
• therewith, which were first granted to Their late Majefties 2 W. & M. • King William and Queen Mary, in the second Year of Their Set. 2. C. 4.
Reign, and the said additional Impofitions which were first A W.& M. c. S.
granted to them in the fourth Year of Their Reign, and the
• laid Duties on Whale Fins imported, which were granted to His 9&10 W'. 3. • said late Majeity King William, in the ninth Year of His Reiga,
• were by the faid Act of the fifth Year of Her Majesty's Reign, < intituled, An Aa for cominuing several Subfidics, Impositions and • Duiies, and for making Provisions therein mentioned, to raise
Money by way of Loan for the Service of the War, and other Her • Majelly's neceljarg and impuriant Occasions, and for ascertaining
the Wine Measure, continued as aforelaid, until the fortt Day of
Auguf One thousand seven hundred and twelve, in the Mariner 5&6 Ann. 6.27, o therein mentioned, and are by the faid Ad of the fuid fifth Year