Not to repeal 11 & 12 W. 3. C. 10. From 25 may take companies feal'd bonds for goods imported. the corporations erected by or in pursuance of this or the faid former acts, and the benefit of trade by this and the faid former acts and charters, or any of them, given, or intended to be given to them or any of them, fhall abfolutely ceafe and determine; any thing herein contained to the contrary notwithstanding. X. Provided always, and be it enacted by the authority aforefaid, That this act, or any thing herein contained, fhall not be deemed, taken, or conftrued to repeal or alter an act made in the eleventh and twelfth years of the reign of the late King William the Third, of glorious memory, intituled, An act for the more effectual employing the poor, by encouraging the manufactures of this kingdom, or any claufe, matter, or thing therein contained; but that the said act, and every claufe, matter, or thing therein contained, shall stand, remain, and be in full effect and force, to all intents and purposes whatsoever, as if this act had never been made; any thing herein contained to the contrary thereof in any wife notwithstanding. XI. Provided alfo, and it is hereby further enacted and declared by the authority aforefaid, That from and after the five custom-house and twentieth day of March, one thousand seven hundred and eight, upon any importation of any goods or merchandizes by the faid English company trading to the Eaft Indies, it shall and may be lawful for the commiflioners and officers of the customs for the time being, and they are hereby required from time to time to take one or more bond or bonds, under the common feal of the faid English company, for all fuch of the customs and duties chargeable and to be charged on the goods and merchandizes fo to be imported, as are bondable, or for which bonds have usually been given; any law, ftatute, or provision to the contrary thereof in any wife notwithstanding. In order to a compleat union, XII. And whereas the governor and company of merchants of London trading into the East Indies, and the reft of the members of the English company trading to the East Indies, are defirous that a speedy and compleat union may be bad and perfected, pursuant to the beforementioned indenture tripartite, and have agreed to refer all matters in difference concerning the fame, and the compleating the faid union, unto the final determination of the right honourable Sidney earl of Godolphin, lord high treasurer of Great Britain; be it therefore enacted by the authority aforefaid, That the faid matters in difference between the faid governor and company of merchants of London trading into the East Indies, and the reft of the members of the faid English company, and the settling the terms of, and perfecting and compleating the faid union, thall be, and is hereby referred to the judgment, award, and final determination of all differences the faid Sidney earl of Godolphin, to proceed upon and fettle the terms and conditions of the fame, as his lordship thall think fit, fo as the whole be made, fettled, perfected, and compleated on or before the twenty ninth day of September, in the year one thoufand feven hundred and eight, by writing attefted under his lordship's hand and feal; which faid award being fo made and fettled within the time aforefaid, fhall in all parts thereof be referred to the earl of Godolphin. His award to be binding. binding binding and conclufive, as well to the faid governor and company of merchants of London trading into the Eaft Indies, as to the reft of the faid members of the faid English company, and. fhall be by them complied with, and fubmitted to accordingly. the united XIII. Provided always, and it is hereby further enacted by After fuch the authority aforefaid, That from and after the making of the award, &c. faid award, and furrender of the charter of the faid governor and managers for company of merchants of London trading into the East Indies, in trade thall be pursuance to the faid indenture tripartite, then the perfons who, directors, &c. at the time of such surrender, shall in purfuance of the fame in- till new ones denture be the managers for the united trade of the English be chofen. company trading to the Eaft Indies, and none others, fhall be the directors of the faid English company, (which company shall then be called, The united company of merchants of England trading to the East Indies) until fuch time as new directors fhall be chofen for the fame, in pursuance of the faid charter, bearing date the fifth day of September, in the tenth year of his faid late Majesty's reign. XIV. And be it further enacted by the authority aforefaid, Acts, &c. to That this present act, and the acts herein before recited, and all be publick parts thereof, fhall be conftrued, adjudged, and taken to be pub- acts. lick acts to all intents and purposes whatsoever. CA P. XVIII. An act for the more effectual difcovery of the death of perfons pretended to be alive, to the prejudice of those who claim eftates after their deaths. HEREAS divers perfons, as guardians and trustees for in fants, and hufbands in right of their wives, and other perfons 9 Car. 2. c.6. having eftates or interefts determinable upon a life or lives, have continued to receive their rents and profits of fuch lands after the determination of their said particular eftates or interefts: and whereas the proof of the death of the perfons, on whofe lives fuch particular eftates or interefts depended, is very difficult, and several perfons have been, and may be thereby defrauded: for remedy whereof, and for preventing fuch fraudulent practices, be it enacted by the Queen's moft excellent majefty, by and with the advice and confent of the lords spiritual and temporal, and commons, in this prefent. parliament affembled, and by the authority of the fame, That ing estate in any person or perfons who hath or fhall have any claim or de- remainder, mand in or to any remainder, reverfion, or expectancy, in or to &c. after any estate after the death of any person within age, married death of woman, or any other perfon whatsoever, upon affidavit made minor, marin the high court of Chancery, by the perfons fo claiming fuch &c. on affidaeftate, of his or her title, and that he or she hath caufe to be- vit, &c. that lieve that fuch minor, married woman, or other person is dead, he hath caule and that his or her death is concealed by fuch guardian, truftee, minor, &c. husband, or any other perfon, fhall and may once a year, if the is dead, lord perfon aggrieved fhall think fit, move the lord chancellor, keeper, chancellor to or commiffioners for the cuftody of the great feal of Great Bri- caufe fuch mitain for the time being, to order, and they are hereby autho-nor, &c. to be produced, rized &c. 6 ried woman, to believe fuch rized and required to order fuch guardian, trustee, husband, or other perfon, concealing or fufpected to conceal fuch person, at fuch time and place as the faid court fhall direct, on personal or other due service of fuch order, to produce and fhew to fuch perfon and perfons, (not exceeding two) as fhall in fuch order be named by the party or parties profecuting fuch order, fuch minor, married woman, or other perfons aforefaid; and if such Guardian, &c, guardian, trustee, husband, or fuch other perfon, as aforefaid, refusing to thall refufe or neglect to produce or fhew fuch infant, married produce fuch woman, or fuch other person, on whofe life any fuch estate doth infant, &c. depend, according to the directions of the faid order, That then the court of Chancery is hereby authorized and required to order such guardian, trustee, husband, or other person, to produce fuch minor, married woman, or other perfon concealed, in the faid court of Chancery, or otherwise before commiffioners to be appointed by the faid court, at fuch time and place as the court fhall direct, two of which commiffioners fhall be nominated by the party or parties profecuting fuch order, at his, her, or their cofts and charges; and in cafe fuch guardian, trustee, husband, or other person, fhall refufe or neglect to produce fuch infant, married woman, or other perfon fo concealed, in the court of Chancery, or before fuch commiffioners, whereof return fhall be made by fuch commiffioners, and that return filed in the petty bag office, in either or any of the faid cafes, the faid minor, married woman, or fuch other perfon fo concealed, shall be Party fo con- taken to be dead, and it fhall be lawful for any perfon claiming any right, title, or intereft in remainder or reverfion, or otherwife after the death of fuch infant, married woman, or fuch other perfons fo concealed, as aforefaid, to enter upon fuch lands, tenements, and hereditaments, as if fuch infant, married woman, or other perfon fo concealed, were actually dead. cealed to be taken to be dead, and claimant may enter on land, &c. On affidavit, that minor, II. And be it further enacted by the authority aforefaid, That if it fhall appear to the faid court by affidavit, that fuch minor, &c. is beyond married woman, or other perfon, for whofe life fuch estate is fea, claimant holden, is, or lately was at fome certain place beyond the feas may send over in the faid affidavit to be mentioned, it shall and may be lawful perfons to view fuch for the party or parties profecuting fuch order, as aforesaid, at minor, &c. his, her, or their costs and charges, to fend over one or both the faid perfons appointed by the faid order, to view fuch minor, married woman, or other perfon, for whofe life any such estate is holden; and in cafe fuch guardian, trustee, husband, or other perfon concealing or suspected to conceal such persons, as aforefaid, fhall refufe or neglect to produce or procure to be produced to fuch perfon or perfons, a perfonal view of fuch infant, married woman, or other perfon, for whofe life any such estate is holden, That then and in fuch cafe fuch perfon or persons are hereby required to make a true return of fuch refufal or neglect to the court of Chancery, which return fhall be filed in the petty bag office, and thereupon fuch minor, married woman, or other perfon, for whofe life any fuch eftate is holden, fhall be taken to be dead; and it fhall be lawful for any perfon claiming any right, title, or intereft, in remainder, reverfion, or otherwife after the death of fuch infant, married woman, or other perfon, for whofe life any fuch eftate is holden, to enter upon fuch lands, tenements, and hereditaments, as if fuch infant, married woman, or other perfon, for whofe life any fuch eftate is holden, were actually dead. III. Provided always, That if it fshall afterwards appear upon If infant, &c. proof, in any action to be brought, that fuch infant, married alive, after woman, or other perfon for whofe life any fuch eftate is holden, fuch infant, order made, were alive at the time of fuch order made, That then it shall be &c. may relawful for fuch infant, married woman, guardian, or trustee, or enter. other perfon having any estate or intereft, determinable upon fuch life, to re-enter upon the faid lands, tenements, or hereditaments, and for fuch infant, married woman, or other person, having any eftate or intereft determinable upon fuch life, their executors, administrators or affigns, to maintain an action against those who, fince the faid order, received the profits of such lands, tenements, or hereditaments, or their executors or adminiftrators, and therein to recover full damages for the profits of the fame received, from the time that fuch infant, married woman, or other perfon, having any estate or intereft determinable upon fuch life, were oufted of the poffeffion of fuch lands, tenements, or hereditaments. deavours to he was then IV. Provided always, That if any fuch guardian, truftee, If guardian, husband, or other perfon or perfons, holding or having any &c. prove estate or interest determinable upon the life or lives of any other that he hath perfon or perfons, fhall by affidavit or otherwife, to the fatif- fed his enfaction of the faid court of Chancery, make appear, That he, procure fuch the, or they have used his, her, or their utmost endeavours to infant to approcure fuch infant, married woman, or other perfon or perfons, pear, and that on whofe life or lives fuch eftate or intereft doth depend, to ap- living, &c. pear in the faid court of Chancery, or elsewhere, according to the order of the faid court in that behalf made, and that he, fhe, or they cannot procure or compel fuch infant, married woman or other perfon or perfons fo to appear, and that such infant, married woman, or other perfon or perfons, on whose life or lives fuch eftate or intereft doth depend, is, are, or were living at the time of such return made and filed, as aforefaid, then it shall be lawful for fuch perfon or perfons to continue in Guardian to the poffeffion of fuch eftate, and receive the rents and profits continue in thereof for and during the infancy of fuch infant, and the life poffeffion, &c. or lives of fuch married woman, or other perfon or perfons, on whose life or lives fuch eftate or intereft doth or shall depend, as fully as he, she, or they might have done if this act had not been made. V. And be it further enacted by the authority aforefaid, That Guardian, &c. every person who, as guardian or trustee for any infant, and holding every husband feized in right of his wife only, and every other eftates after perfon having any eftate determinable upon any life or lives, of life of midetermination who after the determination of fuch particular eftates or inte- nor, adjudged refts, without the express confent of him, her, or them, who trefpaffers. are Heirs, &c. may recover damages. are or fhall be next and immediately entitled upon and after the determination of fuch particular eftates or interefts, fhall hold over and continue in poffeffion of any manors, meffuages, lands, tenements, or hereditaments, shall be and are hereby adjudged to be trefpaffers; and that every person and perfons, his, her, and their executors and adminiftrators, who are or shall be entitled to any fuch manors, meffuages, lands, tenements, and herditaments, upon or after the determination of fuch particular eftates or interests, fhall and may recover in damages against every such person or perfons so holding over, as aforefaid, and against his, her, or their executors, or adminiftrators, the full value of the profits received during fuch wrongful poffeffion, as aforefaid. CAP. XIX. An alt for continuing the half fubfidies therein mentioned, with feveral impofitions and other duties, to raise money by way of loan, for the fervice of the war, and other ber Majesty's necessary and important occafions, and for charging of prize goods and seizures, and for taking off the drawbacks of foreign cordage, and to obviate the clandeftine importation of wrought filks. M in OST gracious Sovereign, We your Majefty's most dutiful 12 Car. 2. c. 4. affembled, duly confidering the neceffity of making an ample and compleat provifion to enable your Majefly to carry on the prefent war, and to defray your other necellary expences, have for that end and purpose chearfully and unanimously given and granted, and do by this act give and grant to your Majesty, the feveral and refpective fubfidies, impofitions, and duties herein after particularly defcribed, for and during the terms herein after expreffed, that is to fay, Whereas feveral subfidies of tonnage and poundage, and other duties and fums of money upon wines, goods, and other merchandizes, were given and granted unto his late majesty King Charles the Second, of bleffed memory, for his life, by an act of parliament (made in the twelfth year of his reign, intituled, A fubfidy granted to the King of tonnage and poundage, and other fums of money payable upon merchandizes exported and imported) and by the book of rates thereunto annexed, which fubfidies of tonnage and poundage, and other duties and fums of monies upon wines, goods, and merchandizes, as well exported as imported, (with fome alterations) were by feveral fubfequent acts of parliament granted to continue until the first day of August, one thousand feven hundred and ten; and by an act of parliament made in 5 Annæ, c.27. the fifth year of your Majefty's reign, intituled, An act for continuing feveral fubfidies, impofitions, and duties, and for making provifions therein mentioned, to raise money by way of loan, for the fervice of the war, and other her Majefty's neceffary and important occafions, and for ascertaining the wine measure, the faid fubfidies of tonnage and poundage, and other duties and fums of money laft-mentioned, were enacted to continue and be payable to your Majesty, |