Page:Ruffhead - The Statutes at Large - vol 6.djvu/606

This page needs to be proofread.

54° 7 Oeo. x. c. 21. India Company to have the Be- nt-fit of all AOs and Charters made in their Favour, C. 17. Anno decimo feptimo Georgii II. A.D. 1744. sn<? not altered fcv this Aft. Provifo ot Re- demption. Corporation to have a common Right of Trade with others, af- ter their exclu- sive Right is de- termined. Concerning Eaji Ir.dia Cctxpany fee farther 27 Geo. 2. e. 9. 1 Gee. 3. c. 14. The Speaker's Notice in Wri- ting to the Com- pany, (hall be deemed a good Nvt/ice. all the Goods laden thereupon, or that were or fhall be fent to, acquired, traded, trafficked, or adven- tured within the faid Eaft Indies, or Parts aforefaid, and all the Proceed and Effects of the fame, and every of them, and double the Value thereof; which Penalties and Forfeitures (hall be (o fued for, feized diftributed and diftributable, recovered and recoverable, as in and by an Act made in the feventh Year of the Reign of his late Mijefty King George the Firft, intituled, An Ail for the further preventing bis Alajejlys Subjects from trading to the Eaft Indies under foreign CommiJJions, and for encouraging and further fecuring the lawful Trade thereto ; and for further regulating the Pilots of Dover, Deal, and the Ijls of Thanet, is appointed, directed and enacted concerning the Penalties and Forfeitures in that Act men- tioned or referred to, with refpect to the faid United Company or their Trade to the Eajl Indies. XII. And moreover it is hereby enacted by the Authority aforefaid, That the faid United Company of Merchants of England trading to the Eajl Indies, fhall at all Times hereafter for ever (fubject as aforefaid) have, hold and enjoy, and be intitled unto all and every the Profits, Benefits, Advantages, Privileges, Francbifes, Abilities, Capacities, Powers, Authorities, Rights, Remedies, Methods of Suit, and all Pe- nalties and Forfeitures and Difabilities, Provifions, Matters and Things whatfoever, which by any former Act or Acts of Parliament, or by any Charter or Charters founded thereupon, or by any Claufe or ChuTes in the faid Acts or Charters contained, are enacted, given, granted, provided, inflicted, limited, eftublifhed, or declared to, for, touching or concerning the faid Company, or Body Politick and Corpo- rate, either by the Name of The General Society, intitled to the Advantages given by an A£l of Parliament for advancing a Sum not exceeding two millions, for the Service of the Crown of England, or the faid Body Poli- tick and Corporate, called by the Name of The English Company trading to the Eaft Indies, or the faid Body Politick and Corporate, now called by the Name of The United Company of Merchants of England trading to the Eaft Indies, and not by this Act altered, or intended to be altered, according to the Tenor and true Meaning of the faid Acts and Charters, freed and difcharged from all Provifoes and Conditions of Redemption and Determination therein contained ; and the fame and every of them are hereby ratified and confirmed, and fhall continue to be held and enjoyed, and be practifed and put in Execution by the find United Company of Merchants of England trading to the Eajl Indies, and their Succeffors, for the better and more effectual fettling and fecuring to them and their Succeflbrs, the whole, fole, and. exclufive Trade to the Eajl Indies, and Parts aforefaid ; and for the preventing all other his Majefty's Subjects trading thither, and for fecuring alfo their Poffemons, Eftate and Effects, and governing their Affairs and Bufinefs in all refpects, as fully and effectually as if the fame Profits, Benefits, Advantages, Trade, Pri- vileges, Franchifes, Abilities, Capacities, Powers, Authorities, Rights, Remedies, Methods of Suit, Penalties, Forfeitures, Difabilities, Provifions, Matters and Things, were feverally repeated, and at large re-enacted in the Body of this Act; fubject neverthelefs to fuch Reftrrctions, Covenants and Agree- ments as are contained in the faid Acts and Letters Patents now in Force, and not herein or hereby varied or altered, and fubject alfo to the Provifo following ; that is to fay, XIII. Provided always, and it is hereby enacted by Authority aforefaid, That at any Time upon three Years Notice to be given by Parliament, after the twenty-fifth Day of March which fhall be in the Year of our Lord one thoufand feven hundred and eighty, upon the "Expiration of the faid three Years, and Repayment to the faid United Company of Merchants of England trading to the Eajl Indies, or their Succeffors, of the faid Capital Stock, Debt, or Sum of four million two hundred thoufand Pounds, and all Arrears of Annuity payable in refpect thereof, in cafe the fame fhall not have been before repaid, then and from thenceforth, and not before or fooner, the faid Right, Title and Intereft of the faid United Company of Merchants of England trading to the Eafi-Indies, to the whole,, fole, and exclufive Trade to the Eajl Indies, and Parts aforefaid, fhall ceafe and determine. XIV. Provided always, and it is hereby further enacted, That nothing in the above Provifo, or in any Provifo in the faid Act of the ninth Year of the Reign of his faid late Majefty King William the Third, or in the faid Charter of the fifth Day of September in the tenth Year of his faid late Majefty's Reign, or in any other Act or Charter contained, fhall extend, or be conftrued to extend, to determine the Corporation of the faid United Company of Merchants of England trading to the Eajl. Indies, or to- hinder, prevent or exclude the faid United Company, from carrying on at all Times after fuch Determt- nrt-on of the Right, to the fole, whole, and exclufive Trade as aforefaid, a free Trade in, to and from the Eajl Indies, and Parts aforefaid, with all or any Part of their own Joint Stock in Trade, Goods,. Merchandizes, Eftate and Effects, in common with other the Subjects of his Majefty, his Heirs and Succeffors, trading in, to or from thofe Parts. XV. And be it further enacted by the Authority aforefaid, That any Notice in Writing, fignified by the Speaker of the Houfe of Commons for the Time being, by Order of the faid Houfe, fhall be deemed and adjudged a due and proper Notice by Parliament,- to and for all the Ends, Intents and Purpofes, for which fuch Notices are directed by this Act to be given to the faid Company. ' XVI. And whereas by the faid Act of the fixteenth Year of his prefent Majefty, it rs amongft other

  • Things enacted, That in cafe any Perfon or Perfons who fhall have forfeited ten Pounds for retailing
  • Spirituous Liquors without Licence, as in the faid Act is expreffed, fhall refufe or neglect to pay the
  • faid Sum often Pounds, the fame being lawfully demanded, any one or more Juftice or Juftices of the
  • Peace mr-y, in fuch Manner as by the faid Act is directed, commit fuch Perfon or Perfons to the Houfe
  • of Correction, to be kept to hard Labour for two Months, as In the faid Act is directed : And whereas

' a Doubt has arifen, whether by virtue of the faid Act, the Juftices of the Peace, by and before whom

  • fuch Perfon or Perfons fo forfeiting the faid ten Pounds were convicted, have Power by the faid Act to
  • mitigate the faid Penalty ; and in cafe of Nonpayment thereof, to levy the fame by Diftrefs and Sale of

' the