Page:Ruffhead - The Statutes at Large - vol 5.djvu/389

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. D. 1720. Anno feptimo Georgii Regis. Stat. 1. C.2T. 349 to the faid Company, fcyeral evil-minded Perfons, Subjefts of his Majefty, preferring their own private 5 Geo. i. c. it. Gain to the Good of their Country, have not only clandeftinely, and without any Authority from the faid <-': : Company, trafficked and traded to and from the Eqft-Indtes, but have alio, by Colour or upon Pretence u " * a ore '*- of Commiflions obtained from foreign Governments, openly and publickly, in Defiance of the faid Law: , '"•'.' : "l, l f : ' br and in Contempt of his Majefty's Authority, fitted out. manned and loaded great and defenfibl ! bij , and have fen t out the fame or failed therewith to the Eafl-Indics and Parts aforefaid, and have prevailed upon feveral Britijb Seamen, and oilier Subjects of hi. Majefty, to ferve on board the faid Ships and to engage in the fame Undertaking, to the Diminution of his Majefty's Revenue and of the Naval Fr-rce and Commerce of this Kingdom :' Now to the Intent that fuch wicked, mifchievous and deftructive Pradtices nay be prevented for the future, and that ihe Trade aforefaid may be effectually guarded and fuccefsfully ""after 24. June ■arried on ; Be it enacted by the King's mo ft Excellent Majefty, by and with the Advice and Confent of j," '" yM h " he Lords Spiiitual and_ Temporal, and Commons, in Parliament affembled, and by the Authority of the jea.ftai'ltej

„ir.e, That if at any Time from and after the four and twentieth Day of June which fhall be in the Year traffick to 0° "

bf our Lord one thoufand feven hundred and twenty-one, any of his Majefty's Subjects fjrall fail, go or re- from the Eaft- pair to, or fhall trade, traffick or adventure in, to or from the EaJ}- Indies, or Parts aforefaid, contrary to Ir ' lic s contrary ihe Laws now in Being, or contrary to the Tenor of this Aft, in every fuch Cafe it (hall and may be law- J oL | uv ' r tf '^' ti ' ful, either for his Majefty's Attorney General for the Time being, or for the faid United Company, at any *"^^." Lime within the Space of fix Years, to file or exhibit, in any one of his Majefty's Courts of Record at Weft- fix Year, file an minjier, one or more Information or Informations againft fuch Offender or Offenders for the Offence by him Information a- or them committed ; and if the Party or Parties, Defendant or Defendants, to fuch Information or In- p.'" ft fucn 9C" formations fhall, by due Courfe of Law, appear or be found to be guilty thereof, in the Court where fuch, „,' n . v ;a ( ,j' „' [, Informmation or Informations {hall be fo filed or exhibited, fhall forthwith proceed to give Judgment againft be fined and ini- ! the Defendant and Defendants, by fuch Fine and Imprifonment, or either of them, as the faid Court fhall prifoned ar the think fit; and fhall alfo award the Prolecutor or Profecutors his and their full Cofts of Suit ; but in cafe Difcretion of ihe the faid Defendant or Defendants {hall be, upon any Information exhibited by the faid Company, Acquitted C6ur . t ; b " lf or found Not guilty, in fuch Cafe the faid Company {hall pay fuch Defendant or Defendants his or their have'fuUCofts. full Cofts. II. And it is hereby further declared and enafted by the Authority aforefaid, That all Contracts and tcr 2 f.J" nt Agreements whatfoever, r.t any Time from and after the faid four and twentieth Day of June one thou- trafls' for Loans fand feven hundred and twenty-one, made or entred into by any of his Majefty's Subjects, or any Perfon by way of Bot- ■ or Perfons in Truft for thein, for or upon the Loan of any Monies by way of Bottomry on any Ship or tomry on any Ships in the Service of Foreigners, and bound or defigned to trade in the Ea/l-Indies or Parts aforefaid ; Feigners ships and all Contracts and Agreements whatfoever made by any of his Majefty's Subjefts, or any Perfon or Per- EaXindf d fons in Truft for them, for the loading or fupplying any fuch Ship or Ships with a Cargo or Lading of any f or loading fuch Sort of Goods, Merchandize, Treafure or Effects, or with any Provifions, Stores or Neceffaries, and all Ships, and ail Copartnerfhips or Agreements in the Nature of Copartnerfhips, made or entred into, relating to any fuch Copartner/hips Voyage or the Profits thereof, and all Agreements for the Wages of any Perfon or Perfons ferving on 3 " A Agreements board fuch Ship or Ships to be employed in fuch Voyage, fhall be and are hereby declared to be void. dared raid C " III. And it is hereby further enafted and declared, That every Perfon and Perfons, Subjeft and Subjefts, An e.jj of his Majefty, his Heirs or Succeffors, who fhall at any Time or Times from and after the faid four and jetty's Subjefls " ' twentieth Day of June one thoufand feven hundred and twenty-one fail, go or repair to the faid Eaft-indies repairing to the or Places aforefaid, contrary to the Laws now in Being, {hall he deemed and accounted to be a Trader, and Eaft-indies con- to have traded and trafficked there ; and all the Goods and Merchandizes that fhall be there bartered or " ar y t0 ,he trafficked for, or bepurchafed by any fuch Offender or Offenders, or fhall be found in his Cuftody, or in deemed aTrade the Cuftody of any other Perfon or Perfons by his, or their Order or Procurement, fhall be forfeited, toge- andali Gocdsin ther with double the Value thereof. f- his Cuftody fnall IV. And it is hereby further enafted by the Authority aforefaid, That all and every the Goods, Mer- be forfeited, chandize, Treafure and Effefts that fhall at any Time or Times from and after the faid four and twentieth All Goods (hip- Day of June one thoufand feven hundred and twenty-one be {hipped or put on board any Ship or Ships, ped for the Eaft- Veifel or Veffels, bound to the Eaft-indies or Parts aforefaid (other than and except the Goods, Merchan- out'of'shi s ^ dize, Treafure and Effefts of the faid Company, or fuch as areiicenfed by them, or the Naval Stores, Pro- coming from vifions and Neceffaries for fuch Ship or Ships performing their Voyage) and all and every the Goods, Mer- thence" (except chandize, Treafure and Effefts (except as before is excepted) that fhall, from and after the Time aforefaid, Goods of the be taken out of any fuch Ship or Veffel in her Voyage homeward from the Eaft-indies or Parts aforefaid to CoT "P 3n y> °rh- England, before her Arrival there, the fame and every of them fhall be foTfeited, together with double the f^feitedVoee- Value thereof; and the Matter or Commander, and other Officers of fuch Ship or Ships, Veffel or Veffels, theruith double for the Time being, knowingly permitting or fuffering any fuch Goods, Merchandize, Treafure or Effefts Value. to be fhipped or put on board any fuch Ship or Ships fo bound to the Eqft-Indies, or to be taken out of any Matters of fuch. fuch Ship or Ships bound from the Eaji-Indies or Parts aforefaid to England, fhall forfeit for every fuch Of- S,1 'P S t0 forfeit fence the Sum of one thoufand Pounds, and moreover fhall not be entitled to have, demand or receive any '^^hr 1 ^ Wages whatfoever ; nor fhall the faid Company be obliged or compelled or compellable to pay any Wages &Ci " ' to, ortotheUfe or upon the Account of any fuch Matter, Commander or Officer, for or in refpeft of the Vovage fo made or to be made by fuch Matter, Commander or Officer, but fhall have an Allowance or De- duction in refpeft thereof out of the Monies payable by them on Account of the Ship to which fuch Matter or Officers belong. ' V. But foraimuch as it happens many Times, that the above-mentioned illegal Trade is carried on and Attorney Gene- ' managed fo artfully and covertly, that the faid United Companv cannot come to the Knowledge and Proof ral may exhibit a ' of the fame, and at moft cannot afcertain the Quantities, Qualities and Values of the Goods, Merchan- Bll J °f.c«"- ' . ' dize f in