Page:Ruffhead - The Statutes at Large - vol 5.djvu/399

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A. D. 1720. Anno fcptimo Georgii Regis. C. 28. 353 All the Eflates of the late Sub-Governor, Deputy-Governor and Directors of the South-Sea Company, b'c. and of John A'ijlabie, Efquire, and of James Craggs deeeafed, veiled in Sir John Eyles, Ba from one June 1720. and from the Day of the Deathipf James Craggs, to be fold for the Ufes in the Act-. Exceptions. Where the Directors, &c. were poflefled of an Eifate-tail, the fame (hall be veiled in the Tiuftees in Fee-Ample to be fold. Truftees to ufe all lawful Means for difcoveri recover- ing the Eftates verted in them, as the late Dhedtors, (sfc. might have done. The Din - c. be- fore 20 September 1721. to deliver to the 'Truftees all Deeds, &'c. on Oath, with S> hi du!< . Late Di- rectors, tiff, refufing to bring in their Deeds, &c. Truftees may commit them. Truftees, i!;e Compofitions touching Debts, tiff, with the Approbation of the Directors of the South-Sea Company. Truftees may take Polleffion of all the (aid Eftates vefted in them, &c. Such of the Eftates, for whjch no Claim (hall be entered, (hall be fold as foon as conveniently may be, and fuch for which Claim (hall be entered, after the Claims are determined. The Price to be paid to the Cafhier of ihe South-Sea Company. Then the Truftees to execute a Contract of Bargain and Sale, &c. to be inrolled in Chan- cery. Any Perfons may be Purchafers. Such Purchafers adjudged to be in the actual PoflefTion thereof, and the Truftees are to give them Poffeffion. If any of the (aid Eftates (hall, under Colour of this Act, be fold to the Ufe of any of the Truftees, or their fubordinate Officers, the Perfon accepting (hall forfeit the Eftate fo purchafed, and 500]. All Conveyances, &c. of any the faid Eftates, made fines 5 January 1720. adjudged fradulent. Not to avoid any Conveyances, tiff, for a valuable Conlideration alter 1 June 1720. and before 5 January 1720. All Perfons having Debts contracted before 5 January 1720. or having any particular Eftate in Law or Equity out of the faid Manors, is'c. by any Settle- ment, cifc. made before 5 January 1720. may enter their Claims before the Truftees before 25 Decem- ber 1 72 1. and in Default, every (uch Debt, &c. (hall be void. Entries to be made at the Truftees Pub- lick Office. Truftees may inquire by Witnelies or by Examination of the Claimants on Oath, or by Infpection of Mortgages, &c. and (hall make their Report to the Directors of the South-Sea Company; and if they (hall be iatisfied in the Juftice of the Claim, tiff, and if the Claimants (hall, in a Book to be kept in the Office, declare their Acquiefcence therein before 1 Augujl 1722. then the Truftees are to give Warrant for Payment of the Debt fo adjufted, ■ &c. Any three of the Juftices of the King's Bench, Common Pleas or Exchequer, fitting at the fame Time and Place, (hall determine all Differences touching Debts, Eftates, &c. Their Order (hall be final. On Complaint to the j uftices, &.c. before 25 December 1722. they are to fummon the Truftees to appear before them, and make final Orders therein. When the Juftices, &c. find any Debt due to the Claimant, isc. they are to certify it to the Truftees before 25 .March 1723. Powers for determining Differences relating to Claims to continue till 25 March 1723. Truftees not to order any Payments for the Debts of any one of the late Directors, cjrV. beyond the clear Value of his Eftate. Creditors when fatisfied, to affign over their Se- curities to fuch as the Truftees (hall nominate. All fuch Money as (hall be due to his Majefty for Pub- lick Revenues, cifc. (hall be paid out of fuch Monies as (hall arife out of the late Directors Eftates. Perfons indebted to the late Directors, &c. are to give Notice thereof at the Truftees Office before 25 December 1721. or that there is fome Account depending between them, on Forfeiture of the Value ; and having any Chattels Perfonal of the faid Directors, are to give like Notice, on Forfeiture of the like Value thereof: And all Tenants, tiff, are to give like Notice, on Pain of three Years Value. John Aljlable not to depart this Realm for one whole Year from 8 December 1720. and till the End of the then next Seffion ; and to enter into Recognizance before 20 September 1721. Neglecting to enter into the faid Recognizance, to be committed to the Fleet. If the late Directors, tiff, after 7 July 1721. for one whole Year, from 5 January 1720. or before the End of the then next Seffion, tranfport any of their Effects, they (hall be guilty of Felony, tsY. Perfons who have accepted any Truft, or concealed the Eftates of the late Directors, tiff, not discovering before 25 December 1721. forfeit treble the Value, and imprifoned for a Year. Perfons voluntarily difcovering any Eftates, not inventoried, before 25 March i7 2 3. to have 10 1. per Centum. John A'ijlabie before 25 December 1721. to deliver in a true In- ventory of the Real and Perfonal Eftate to him belonging at the Time from which they are vefted in the Truftees. And on& Inventory importing what Eftate belonged to him on 1 Oclober 1718. Tru- ftees to compute the clear Value of the Eftates which belonged to him on 1 Oclober 1718. and make Report to the South Sea Directors by 25 December 1722. If the Values cannot be fettled before 25 De- cember 1722. then the Juftices and Barons are to determine the fame before 25 March 1723. If the In- ventories are fettled to the Satisfaction of the Directors, then a Deduction (hall be made out of them of the clear Eftate which he had on 1 Oclober 1718, &c. The Remainder (hall be paid to the Cafhier of the Company for the Ufes of this Act, within 30 Days after the Values are fettled or Security to be given. After fuch Payment or Security, all the faid Eftates revefted in Mr. A'ijlabie. Not to extend to thatPart of his Real Eftate which belonged to him on 1 Oclober 1718. or any Houfhold Goods which he now poflefieth, till his Particulars (hall be fettled, tiff. The. Heir's/ &c. of James Craggs, to deli- ver to the Truftees an Inventory of his Real and Perfonal Eftate, at the Time of his Deceafe, &c. and another Inventory importing what Eftate did belong to him on 1 December 1719. Truftees to examine the Inventory, and examine Witnefles on Oath, &~c. Truftees to compute the clear Value of Mr. Cragg's Eftate, on 1 December 1719, tiff. If the Value cannot be fettled by 25 March 1722. then the Barons are to determine the fame before 25 March 1723. If the Particulars are fettled to the Satisfac- tion of the Directors, then a Deduction (hall, be made out of them of the clear Value which he had on 1 December 17.19, tiff. And the Remainder to the Cafhier of the South-Sea Company, within 30 Days after the Values are fettled, or Security given. After fuch Payments or Security, all the faid Eftates revefted in la?ncs Craw's Heirs, tiff. Not to extend to that Part of the Real Eftate which belonged V04.V. Zz "to