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Cuftom-house

may take Com

panies fealed

Bonds for Goods

imported.

had never been made; any Thing herein contained to the contrary thereof in any wife notwithstanding.

XI. Provided alfo and it is hereby further enacted and declared by the Authority aforefaid, That from and after the five and twentieth Day of March One thoufand feven hundred and eight, upon any Importation of any Goods or Merchandizes by the faid Englife Company trading to the Eaft Indies, it fhall and may be lawful for the Commiffioners and Officers of the Cuftoms 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 faid English Company, for all fuch of the Cuftoms 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 Provifion to the contrary thereof in any wife notwithstanding.

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XII. And whereas the Governor and Company of Merchants of London trading into the East Indies, and the rest of the Members of the English Company trading to the Eaft Indies, are defirous that a fpeedy and compleat Union may be had and perfected pursuant to the before mentioned Indenture Tripartite, and have agreed to refer all Matters in Difference concerning the fame and the compleating the faid 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 aforefaid, That the faid Matreferred to Earl ters in Difference between the faid Governor and Company of Godolphin. Merchants of London trading into the East Indies, and the reft of the Members of the faid English Company, and the fettling the Terms of and perfecting and compleating the faid Union, fhall be and is hereby referred to the Judgment, Award and final Determination of the faid Sidney Earl of Godolphin, to proceed upon and fettle the Terms and Conditions of the fame as his Lordship fhall think fit, fo as the whole be made, fettled, perfected and compleated on or before the twenty ninth Day September in the Year One thoufand feven hundred and eight, by Writing attefted under his Lordship's Hand and Seal; which faid Award being fo made and fettled within the Time aforefaid, fhall in all Parts thereof be binding and conclufive, as well to the faid Governor and Company of Merchants of London trading into the Eaft Indies, as to the reft of the faid Members of the faid English Company, and fhall be by them complied with and fubmitted to accordingly.

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XIII. Provided always and it is hereby further enacted by the Authority aforefaid, That from and after the making of the faid Award and Surrender of the Charter of the faid Governor and Company of Merchants of London trading into the Eaft Indies, in parfiance to the faid Indenture Tripartite, then the Perfons who, at the Time of fuch Surrender, fhall, in purfuance of the fame Indenture, be the Managers for the united Trade of the English Company trading to the Eaft Indies, and none others, fhall be the Directors of the faid Englife Company, (which Company fhall then be called, The united Company of Merchants of England trading to the East Indies) until fuch Time as new Directors shall be chofen for the fame in purfuance of the faid Charter, bearing

Date the fifth Day of September in the tenth Year of His said late
Majefty's Reign.

XIV. And be it further enacted by the Authority aforefaid, Publick Acts.
That this prefent Act and the A&ts hereinbefore recited and all
Parts thereof, fhall be conftrued, adjudged and taken to be publick
Acts to all Intents and Purposes whatsoever.

CAP. XVIII.

An Act for the more effectual Difcovery of the Death of Perfons pretended to be alive, to the Prejudice of those who claim Eftates after their Deaths.

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WHEREAS divers Perfons, as Guardians and Trustees

for Infants, and Hufbands in Right of their Wives, and other Perfons having Eftates or Interefts determinable upon a Life or Lives, have continued to receive the Rents and Profits of fuch Lands after the Determination of their faid particular Eftates or Interefts: And whereas the Proof of the Death of the Perfons on whofe Lives fuch particular Eftates or Interests depended is very difficult, and several Perfons have been and may be thereby defrauded:' For Remedy whereof, and for preventing fuch fraudulent Practices, Be it enacted by the Queen's Molt Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That On Affidavit by any Perfon or Perfons who hath or fhall have any Claim or Remainder Demand in or to any Remainder, Reverfion or Expectancy, in Man, &c. or to any Eftate after the Death of any Perfon within Age, married Woman or any other Perfon whatsoever, upon Afidavit made in the High Court of Chancery, by the Perfons fo claiming fuch Eftate of his or her Title, and that he or she hath Caufe to believe that fuch Minor, married Woman or other Perfou is dead, and that his or her Death is concealed by fuch Guardian, Trustee, Hufband or any other Perfon, fhall and may once a Year, if the Perfon aggrieved fhall think fit, move the Lord Lord Chancellor Chancellor, Keeper or Commiffioners for the Cuftody of the tocaue Infant, Great Seal of Great Britain for the Time being, to order, and Tenant for Life, they are hereby authorized and required to order fuch Guardian, &c. to be proTrustee, Hufband or other Perfon, concealing or fufpected to conceal fuch Perfon, at fuch Time and Place as the faid Court fhall direct, on perfonal or other due Service of fuch Order, to produce and fhew to fuch Perfon and Perfons, (not exceeding two) as hall in fuch Order be named by the Party or Parties profecuting fuch Order, fuch Minor, married Woman or other Perfons aforefaid; and if fuch Guardian, Trustee, Hufband or Guar lian, &c. fuch other Perfon as aforefaid shall refufe or neglect to produce refufing. or fhew fuch Infant, married Woman, or fuch other Perfon on whofe Life any fuch Eitate doth depend, according to the Direc tions of the faid Order, that then the Court of Chancery is hereby authorized and required to order fuch Guardian, Trustee, Hufband or other Perfon to produce fuch Minor, married Woman or other Perfon concealed in the faid Court of Chancery, or otherwife before Commiffioners to be appointed by the faid Court, at fuch Time and Place as the Court fhall direct, two of which Commiffioners

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fhalt

duced, &c.

Cofts.

Party concealed taken to be dead.

Minor, &c. beyond Sea.

Guardian, &c.

refuling to produce.

If Infant, &c.

alive, alter Or

&c. may re

enter.

fhall be nominated by the Party or Parties profecuting fuch Order at his, her or their Cofts and Charges; and in cafe fuch Guardian, Trustee, Hufband or other Perfon fhall refufe or neglect to produce fuch Infant, married Woman or other Perfon fo concealed, in the Court of Chancery or before fuch Commiffioners, whereof Return fhall be made by fuch Commiffioners, and that Return filed in the Petty Bag Office, in either or any of the faid Cafes the faid Minor, married Woman or fuch other Person so concealed, shall be taken to be dead, and it fhall be lawful for any Perfon claiming any Right, Title or Intereft in Remainder or Reverfion or otherwife, after the Death of fuch Infant, married Woman or fuch other Perfons fo concealed as aforefaid, to enter upon fuch Lands, Tenements and Hereditaments as if fuch Infant, married Woman or other Perfons fo concealed, were actually dead.

II. And be it further enacted by the Authority aforefaid, That if it fhall appear to the faid Court by Affidavit, that fuch Minor, married Woman or other Perfon for whofe Life fuch Eftate is holden, is or lately was at fome certain Place beyond the Seas in the faid Affidavit to be mentioned, it fhall and may be lawful for the Party or Parties profecuting fuch Order as aforefaid at his, her or their Cofts and Charges, to fend over one or both the faid Perfons appointed by the faid Order, to view fuch Minor, married Woman or other Perfon for whofe Life any fuch Estate is holden; and in cafe fuch Guardian, Truftee, Hufband or other Perfon concealing or fufpected to conceal fuch Perfons as aforefaid, fhall refufe or neglect to produce or procure to be produced to fuch Perfon or Perfons a perfonal View of fuch Infant, married Woman or other Perfon for whofe Life any fuch Eftate is holden, that then and in fuch Cafe fuch Perfon or Perfons are hereby required to make a true Return of fuch Refufal or Neglect to the Court of Chancery, which Return fhall be filed in the Petty Bag Office, and thereupon fuch Minor, married Woman or other Perfon for whofe Life any fuch Eftate is holden, fhall be taken to be dead; and it fhall be lawful for any Perfon claiming any Right, Title or Intereft in Remainder, Reverfion or otherwife, after the Death of fuch Infant, married Woman or other Perfon, for whofe Life any fuch Eftate is holden, to enter upon fuch Lands, Tenements and Hereditaments as if fuch Infant, married Woman or other Perfon for whofe Life any fuch Eftate is holden, were actually dead.

III. Provided always, That if it fhall afterwards appear upon Proof, in any Action to be brought, that fuch Infant, married der made, Infant, Woman or other Perfon for whofe Life any fuch Eftate is holden, were alive at the Time of fuch Order made, That then it shall be lawful for fuch Infant, married Woman, Guardian or Trustee or other Perfon having any Estate or Interest determinable upon fuch Life, to re-enter upon the faid Lands, Tenements or Hereditaments, and for fuch Infant, married Woman or other Perfon having any Eftate or Intereft determinable upon fuch Life, their Executors, Adminiftrators or Affigns, to maintain an Action against thofe who, fince the faid Order, received the Profits of fuch Lands, Tenements or Hereditaments, or their Executors or Adminiftrators, and therein to recover full Damages for the Profits of the fame, received from the Time that fuch Infant, married Woman

Woman or other Perfon, having any Eftate or Intereft determinable upon fuch Life, were oufted of the Poffeffion of fuch Lands, Tenements or Hereditamants.

continue in Pof

fellion.

IV. Provided always, That if any fuch Guardian, Truftee, In what Cafe Husband or other Perfon or Perfons holding or having any Eftate Guardian, &c. to or Intereft determinable upon the Life or Lives of any other Perfon or Perfons, fhall by Affidavit or otherwife, to the Satisfaction of the faid Court of Chancery, make appear, that he, fhe or they have ufed his, her or their utmoit Endeavours to procure fuch Infant, married Woman or other Person or Persons on whose Life or Lives fuch Eftate or Intereft doth depend, to appear in the faid Court of Chancery or elsewhere, according to the Order of the faid Court in that Behalf made, and that he, fhe or they cannot procure or compel fuch Infant, married Woman or other Perfon or Perfons fo to appear, and that fuch Infant, married Woman or other Perfon or Perfons on whofe Life or Lives fuch Eftate or Intereft doth depend, is, are or were living at the Time of fuch Return made and filed as aforefaid, then it shall be lawful for fuch Perfon or Perfons to continue in the Poffeffion of such Estate, and receive the Rents and Profits thereof for and during the Infancy of fuch Infant and the Life or Lives of fuch married Woman, or other Perfon or Perfons on whofe Life or Lives fuch Eftate or Interest doth or fhall depend, as fully as he, fhe or they might have done if this A&t had not been made.

V. And be it further enacted by the Authority aforefaid, what Cafe
That every
Perfon who, as Guardian or Truftec for any Infant, Guardian, &c.
Hufband feized in Right of his Wife only, and every paller.
adjudged Tret-

and every
other Perfon having any Eftate determinable upon any Life or
Lives, who after the Determination of fuch particular Eftates or
Interefts, without the exprefs Confent of him, her or them who
are or fhall be next and immediately entitied upon and after the
Determination of fuch particular Eftates or Interefts, fhall hold
over and continue in Poffeffion of any Manors, Meffuages, Lands,
Tenements or Hereditaments, fhall be and are hereby adjudged
to be Trefpaffers; and that every Perfon and Perfous, his, her
and their Executors and Admniniftrators, who are or fhall be.
entitled to any fuch Manors, Meffuages, Lands, Tenements and
Hereditaments, upon or after the Determination of fuch particular
Eftates or Interefts, fhall and may recover in Damages against Damages.
every fuch Perfon or Perfons fo holding over as aforefaid, and
against his, her or their Executors or Adminiftrators the full
Value of the Profits received during fuch wrongful Poffeffion as
aforefaid.

CAP. XIX.

An Act for continuing the Half Subfidies therein mentioned, with feveral Impofitions and other Duties, to raife Money by way of Loan, for the Service of the War, and other Her Majefty's neceffary and important Occafions, and for charging of Prize Goods and Seizures, and for taking off the Drawbacks of foreign Cordage, and to obviate the clandeftine Importation of wrought Silks.

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OST Gracious Sovereign, We Your Majesty's moft dutiful and loyal Subjects the Commons of Great Britain in Parliament affembled, duly confidering the Neceflity of making an

Xx 4

ample

Provifo for new
Provifions, &c.

12 Car. 2. c. 4.

I Jac. 2. c. 3, 4.

2 W. & M.

Sell. 2. c. 4.

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ample and compleat Provifion to enable Your Majefty to carry on the prefent War, and to defray Your other neceffary Expences, have for that End and Purpofe chearfully and unanimously given and granted, and do by this Act give and grant to Your Majefty the feveral and refpective Subfidies, Impofitions and Duties hereinafter particularly defcribed, for and during the Terms hereinafter expreffed, that is to fay, &c.

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C.

"12 Car. 2. c. 4. and 5 & 6 Ann. c. 27. granting certain Duties
"recited. Half Subfidies continued from 31st July 1712 to
"2d August 1714. §1. [Made perpetual, 7 Ann. c. 7. § 29.
"Made to ceafe, 27 G. 3. c. 13. § 1. 43 G 3. c. 68. § 1. 49 G.3.
" c. 98. § 1.] Drawbacks as by 56 Ann. c. 27. allowed.
[All Drawbacks made to ceafe, 27 G. 3. c. 13.1.43 G. 3.
"c. 68. § 1. 49 G. 3. c.98. § 1.]
Former Powers revived. § 2.
"Duties on Wines and Vinegar by r Jac. 2. c. 3. continued
"from 31ft July 1712 to 1st August 1714. § 3. EXP. Duties on
"Tobacco by 1 Jac. 2. c. 4. continued to 1ft August 1714. § 4.
"And to be levied, &c. as by 7&8 W.3. c. 10.- 5 Old
"Impoft, 2 W. & M. Seff. 2. c. 4., continued to 1ft August 1714.
"All Powers, Provifions, &c. in 2 W. & M Seff. 2. c. 4. and
78 W. 3. c. 10. to be obferved. Except certain Parts
"thereof. 6. EXP. Additional Impoft by 4 W. & M. c. 5.
"continued to 1ft August 1714. § 7. EXP.

66

VIII. Provided alfo, That in all Cafes where any other Provifion or Alteration is made, by any A&t or Acts of Parliament now in being, in or about any other Matter or Thing contained in the faid Act of Parliament for the Impofitions laft mentioned, fuch other Provifions or Alterations fhall be obferved during the Continuance of the Term hereby granted; any Thing herein contained to the contrary notwithstanding.

"Duties on Whale Fins by 9 & 10 W. 3. c. 45. continued to ift
" August 1714. § 9.
[As to the Duties on Whale Fins, fee
10 & 11 W. 3. c. 25. § 17. Note.]

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And whereas the faid Subfidies of Tunnage and Poundage, and the faid other Duties granted therewith in the faid twelfth Year of King Charles the Second as aforefaid, as to Wines, Goods and Merchandizes imported, and the faid Impofitions on Wines, Vinegar and Tobacco, which were firft granted to King James the fecond, in the first Year of His Reign, and the faid Impofitions on Eaft India Goods, and other Goods charged therewith, which were firit granted to Their late Majefties King William and Queen Mary, in the fecond Year of Their Reign, and the faid additional Impofitions which were first granted to them in the fourth Year of Their Reign, and the faid Duties on Whale Fins imported, which were granted to His faid late Majefty King William, in the ninth Year of His Reign, were by the faid Act of the fifth Year of Her Majesty's Reign, intituled, An Ad for continuing feveral Subfidies, Impofitions and Duties, and for making Provifions therein mentioned, to raise Money by way of Loan for the Service of the War, and other Her Majefly's neceffary and important Occafions, and for afcertaining the Wine Meafure, continued as aforefaid, until the first Day of Augufl One thousand feven hundred and twelve, in the Manner 5 & 6 Ann. c. 27. therein mentioned, and are by the faid Act of the faid fifth Year

4 W. & M. c. 5.

9 & 10 W. 3. €45.

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