Page:Ruffhead - The Statutes at Large - vol 5.djvu/513

A. D. 1722. Anno nono Georgii Regis. C. 26. 467 (hall be yielded and paid to his Majefty, his Heirs and Succeflbrs, and the remaining two third Parts thereof to the Ufe of the faid United Company. III. Provided alfo neyerthelefs, and it is hereby farther enacted and declared by the Authority aforefaid, Common fn- That if before any Suit or Profecution ihall be commenced for the Recovery of the Penalties aforefaid, form*!., bow u zither by his Majefty's Attorney General, or the faid United Company, any common Informer orlnfor- p™*""". *c- mers fhall go to the Court of Directors of the faid United Company, and make known to them the Of- fence committed, and his or their Intentions to fue or profecute for the lame at Law ; and if inftead thereof the faid Court of Directors fb.211 elect to have the Suit or Profecution brought or commenced by Bill or Bills of Complaint, to be filed or exhibited in his Majefty's faid Courts of Chancery or Exche- quer, then and in every fuch Cafe, there fhall be yielded and paid to fuch common Informer or Informers, one third Part of the remaining two third Parts of the Angle Value of the faid Intereft and Concern, when recovered ; but if the faid Court of Directors fhall elect to have the Suit or Profecution commenced for the Penalties or Forfeitures by Information or Action of Debt at Law, then the faid Informer or Infor- mers ihall and may accordingly fue and profecute for the fame at Law, and the faid Information or Action fhall be proceeded upon, and fhall not be difcontinued or determined, but by and with the Con- fent of the faid United Company, or their Court of Directors. IV. And for the more effectual Difcovery of the Intereft, Share, Proportion or Concern of any of his Sujj»£haecept- Majefty's Subjects, of or in the Capital, Principal or Stock of any fuch foreign Company, Society or ' o n 6 ( uch Shares, Corporation as aforefaid, It is hereby further enacted by the Authority aforefaid, That if any Perfon "*',!! ™'. or Perfons, Subject or Subjects of his Majefty whatfoever, fhall have accepted of any Truft or Trufts, f lx Months, fnr- pr fhall know of any Intereft, Share, Part, Proportion or Concern, which any of his Majefty's Sub- feit treble Value, jets (hall have or be intitled to in any fuch foreign Company, Society or Corporation as aforefaid, and Ifhall not within fix Months next after his, her or their accepting fuch Truft, or coming to the Know- ledge of fuch Intereft, Share, Proportion or Concern as aforefaid, truly difcover and difclofe in Writing the fame to the faid United Company, or their Court of Directors for the Time being, every Perfon fo offending fhall forfeit treble the Value of the Intereft, Share, Proportion or Concern fo accepted in Truft, br fo known, and not difcovered as aforefaid ; one Moeity thereof to his Majefty, his Heirs and Succef- lbrs, and the other Moiety thereof to him or them who fhall fue for the fame, to be recovered by Action of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at Weftminfter, wherein no Eflbin, Protection or Wager of Law fhall be allowed, nor any more than one Imparlance; or other- wife, fuch Offender and Offenders fhall, at the Difcretion of the Court where the Profecution is com- or imprifoned menced, fuffer Imprifonment by the Space of one whole Year, without Bail or Mainprize. fo1 a Year> V. And be it further enacted by the Authority aforefaid, That every Perfon who fhall., within the p er r ns within Time above limited for that Purpofe, voluntarily come to the Court of Directors of the faid United Com- the Time limi- ■pany, and make a true Difcovery in Writing of the Intereft, Share, Part, Proportion or Concern of ted discovering, any of his Majefty's Subjects in the Capital, Principal or Stock of any fuch foreign Company, Society f ° n j> vc Moiety or Corporation as aforefaid, then every fuch Perfon, making fuch Difcovery, fhall have and receive, out ° UI ' C ^ or ei " of the Forfeitures arifing or to arife upon or by Virtue of this Act, by, from and out of the Eftate or Eftates of fuch Perfon and Perfons fo interefted or concerned in any fuch foreign Company, Society or Corporation as aforefaid, one Moiety or Half-part of the clear Amount of fuch Forfeitures; and the Court, in which the Profecntion againft fuch Offender or Offenders fhall be commenced, fhall have full Power and Authority, and are hereby directed to award to the Perfon making fuch Difcovery, fuch Re- ward as aforefaid. VI. And it is hereby further enacted by the Authority aforefaid, That if any Perfon or Perfons, Sub- Subjefls (except jett or Subjects of his Majefty, his Heirs or Succeflbrs (other than fuch as are lawfully authorized there- lawfully autho- unto) fhall at any Time or Times from and after the four and twentieth Day of June in the Year of our r ' zccl ) s o, "g ta Lord one thoufand feven hundred and twenty-four, go, fail, or repair to, or be, or be found in or at the IJat^of MTf Eaji-Indies, or any the Places aforefaid, every Perfon and Perfons fo offending are, and are hereby de- emeanor. a clared to be guilty of a high Crime and Misdemeanor, and fhall and may be profecuted for the fame in any of his Majefty's Courts of Record at IViftminJler, wherein no Effoin, Wager of Law or Protection fhall be allowed, nor any more than one Imparlance ; and fuch Perfon and Perfons fo offending, being p en altj„ convicted thereof, fhall be liable to fuch corporal Punifhment or Imprifonment, or to fuch Fine, as the Court where fuch Profecution fhall be commenced fhall think fit; one Moiety of fuch Fine to be to the Ufe of his Majefty, his Heirs and Succeflbrs, and the other Moiety thereof to him or them that fhall in- form and fue for the fame. VII. And if is hereby further enacted by the Authority aforefaid, That all and every Perfon and Per- offenders may fons fo offending, fhall and may be feized and brought to England, and it fhall and may be lawful to and be feized, for any one or more of his A^lajefty's Juftices of the Peace, and they are hereby authorized and required to commit all and every fuch Perfon and Perfons to the next County Gaol, there to remain until fufficient and committed Security be given by natural-born Subjects or Denizens, to appear in the Court where fuch Suit or Pro- till Security, &c; fecution fhall be commenced or depending, to anfwer the fame, and not to go or depart out of Court, or out of this Kingdom, without the Leave of the faid Court. VIII. And to the Intent that this Act, and the Laws heretofore made for encouraging, fettling and fe- jcuring, or for better fecuring the lawful Trade of his Majefty's Subjects to and from the Eaft-Indies iand Parts aforefaid, may more effectually be put in Execution ; Be it further enacted by the Authority A Capias in the ( aforefaid, That a Capias in the firft Procefs fhall and may iffue upon any Bill, Plaint, Indictment or In- firft Procefs may formation, commenced, found, filed or profecuted, for, upon or by Reafon of any the Offences men- f^on ilisfiied dolz tod &£.***