Page:Ruffhead - The Statutes at Large - vol 6.djvu/497

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A.D. 1741. Anno decimo quarto Georgii II. C. 37. 431 ' was before defcribed, and every of them, as to all or any fuch Acts, Matters or Things as fhould be ' fo acted, done, attempted, endeavoured or proceeded upon after the faid twenty-fourth Day of Junt 1 one thoufand feven hundred and twenty, fhould be deemed to be a publick Nufance and Nufances, and ' the fame, and all Caufes, Matters and Things relating thereto, and every of them, mould for ever i' thereafter be examined, heard, tried and determined, as common Nufances were to be examined, heard, tried and determined by or according to the Laws of this Realm ; and all Offenders therein, being 1 thereof lawfully convicted upon Information or Indictment in any of his Majefty's Courts of Record 1 at IVcjhninJhr, or in Edinburgh, or in Dublin, fhould be liable to fuch Fines, Penalties and Punifhments, ' whercunto Perfons convicted for common and pubiick Nufances were by any of the Laws and Statutes 'of this Realm fubject and 'liable, and moreover fhould incur, and fuftain any further Pains, Penalties '•and Forfeitures, as were ordained and provided by the Statute of Provifion and Premunire, made in ' the fixteenth Year of the Reign of King Richard the Second: And it was further enacted, That if any ' Merchant or Trader at any Time after the faid twenty-fourth Day of June one thoufand feven hundred ' and twenty, fhould fuffer any particular Damage in his, her or their 1 rade, Commerce or other lawful 4 Affairs, by Occafion or Means of any Undertaking or Attempt, Matter or Thing, by the faid Act de- ' clared to be unlawful, and would fue to be relieved therein; then and in every fuch Cafe fuch Merchant ' or Trader fhould and might have his and their Remedy for the fame by an Action or Actions to be ' grounded upon that Statute, againft the Perfons, Societies or Paitncrfhips, or any of them, who con- ' trary to that Aft fhould be engaged or interelted in any fuch unlawful Undertaking or Attempt; and. ' every fuch Action and Actions fhould be heard and determined in any of his Majefty's Courts of Re- ' cord aforefaid, wherein no Eflbin, Protection, Wager of Law or more than one Imparlance fhould be ' granted or allowed ; and in every fuch Action the Plaintiff fhould or might recover Treble Damages ' with Full Cofts of Suit : And whereas Perfons have prefumed to publifh in America a Scheme for fup- ' plying a pretended Want of a Medium in Trade, by letting up a Bank- on Land Security, the Stock. ' of fuch Bank to be raifed by publick Subfcriptions for large Sums of Money, whereof l'mall Sums- ' were from time to time to be paid in and by the particular Subfcribers, and to be managed by Direc- ' tors, Treafurer and other Officers, and Dividends to be made as therein mentioned ; and the faid:- ' Company of Subfcribers were to promife to receive the Bills which they fhould iffue for and as fo much,- ' lawful Money as fhould be therein refpeetively mentioned in all Payments, TYade and Bufinefs ; and . ' after the Expiration of twenty Years, to pay the Pofleilbr the Value thereof in Manufactures; and ' fundry other Schemes, Societies, Partnerfhips or Companies, have been and may be let on Foot in, ' America, for the Purpofe of railing publick Stocks or Banks, and unlawfully iffuing large Quantities* ' of Notes or Bills there, contrary to the true Intent and Meaning of the faid recited Act :. And whereas . ' Doubts have arifen, whether the faid recited Act doth extend to, or can be executed in, his Majefty's ' Dominions, Colonies and Plantations in America, in Regard that the Information or Indictment againft I' the Offenders therein mentioned, and likewife the Actions to be grounded upon that Act, and thereby ' given to the Merchant or Trader who fliould fuffer any particular Damage, were appointed to be heard - ' and determined in fome of his Majefty's Courts of Record at Wejhninjier, or in Edinburgh, or in Dub- ' tin, fo that the faid Act without further Explanation and Amendment may not be fufricient to fun-

  • prefs and prevent in America the mifchievous and dangerous Undertakings and Attempts therein -

'• mentioned, and thereby defigned to be prevented and iiippreffed : ' For Remedy whereof; may it pleafe Your moft Excellent Majefty, that it may be declared and enacted ; and be it declared and- enacted bv the King's moft Excellent Majefty, by and with the Advice. and Content of the Lords- Spiri- tual and Temporal, and Commons, in this prefent Parliament alkmbled, and by the Authority of the fame, That the faid recited Act, and all and angular the Paragraphs, Claufes, Sentences and •Expref- Aa~6 Geo. i, fions therein contained, for fuppreffing, reftraining or punifhing the extravagant or unwarrantable Prac- enlarged and- tices therein mentioned, did, do and fhall extend to all and every the publick, extravagant and unwar- i-engthcired. rantable Practices herein before mentioned or defcribed, and did, do and fhall extend to, and are and The faid Aft to fhall be in Force, and carried into Execution, in all and every his Majefty's Dominions, Colonies and e ? €te:l * to '*•» Plantations in America ■» and that all and every the Undertakings, Attempts, Matters and Things in n the faid recited Act mentioned or defcribed, and prohibitedto.be acted, done, attempted, endeavoured er proceeded upon, within the City of London, and other Parts of this Kingdom, as alfo in Ireland, and other his Majefty's Dominions ; and all other the Undertakings, Attempts, Matters and Things herein before mentioned or defcribed, are and fnall be deemed to be illegal and void in his Majefty's Dominions, Colonies and Plantations in America alfo, and fhall not there be practifed, or in any wife put in Exe- cution ; and that all Offenders againft the faid recited or this prefent Act, being thereof lawfully con- victed upon Information or Indictment in any of his Majefty's Courts of P.ecord in any of his Ma- jefty's Dominions, Colonies or Plantations in America, fhall be liable to fuch and the like Fines, Pe- Fines and-PettaLi nalties and Punifhments, whereunto Perfons convicted in Great Britain for common and publick Nu- ^onoftin. fances are by any of the Laws or Statutes of this Realm fubject or liable; and moreover (hall incur '" and fuftain any further Pains, Penalties and Forfeitures, as were ordained and provided by the faid-: Statute 6f Provifion and Premunire, made in the fixteenth Year of the Reign of the laid. King Richard the Second ; and that if arty Merchant, Trader or other Perfon hath differed or fhall Suffbrersherrw- fuffer any particular Damage in his, her or their Trade, Commerce, Exchange or other lawful Af— ,tewli * ve * fairs, bv Occafion or Means of any Undertaking or Attempt, Matter or Thing carried on, attempted or done in America^ and. by this Act, or the faid recited Act, declared to beillegal, and will fue to ■■be re- lieved therein ; then and in every fuch Cafe fuch Merchant, Trader or other Perfon, fhall and may have his, her and their Remedy for the fame,, by any-Action.or Suit grounded-upon- this Act, againft the re- * faectiye