Page:Ruffhead - The Statutes at Large - vol 7.djvu/466

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

44-6 C. 4-0- Anno vicefimo qulnto Georgii II. A. D. 1752. puted to be at and after the Rate of five Po.unds per Centum on the Stock fo pofTcfl'ed by them, in full of ail their Right and Title to the fame, or any Part thereof. The old Compa- XIV. And be it further enaiSled by the Authority aforefaid, That from and after the faid tenth Day nv to ccaie, of April one thoufand feven hundred and fifty-two, the faid Royal African Company of England fhall cea(e to be a Corporation, and be incapable of doing or exercifing any Corporate Acl ; and all claims and De- mands againfl: the faid Company, or any of their OiBcers, Agents or bei vants, or other Ptrfon or Perfons, and all Claims on for or in refpe£t of any Debt due, or pretended to be due from, or contracied for or on ihc Behalf of the them decLiiL-a f:,;^! Co:r,pany, are hereby declared to be null and void ; and if any A6tion, Suit or Procefj is now depend- '°" ing, or Itiall liereafcer be commenced or profccuted for any fuch Claims or Demands as aforefaid, then and may plead the in fuch Cafe, it fnall and may be lawful to plead the General liiue, and give this Act in Evidence in Bar General Iffuc, thereto ; and if the Plaintiff be nonfuited, or Verdidl pafs againfl: him, or Judgment be given on Demurrer, ^^- the Defendant fhall have Full Cofts. Commiflioners XV. And be it further ena£ted by the Authority aforefaid, That the iziA Richard Etkvards Efquire, diioti, t.c. hereby, conllituted and appointed Commiffioners for the making out and delivering Certificates to every the Creditors of the faid Royal African Company o'i England, and the Proprietors of their Stock, in the faid Schedules particularly mentioned, and for other the Purpofes in this A6t contained, for the Space of two Years, to be computed from the fiift Day oi January one thoufand feven hundred and fifty-two; and the faid Commiffioners, or any two of them, are hereby impowered and required, with all convenient Speed, to make out under their Hands, or the Hands of two of them, and to deliver, or caiife to be deli- vered, to all and every the Creditors of the faid Company mentioned in the fecond Schedule to this Adl annexed, and to the feveral Proprietors of African transferrable Stock mentioned in the third and fourth Schedules to this A£t annexed, in refpecl: of the Sums in and by this AiSt direfted to be paid to them Certificates may lefpcctively. Certificates of what is due or allowed to them refpeiSively as aforefaid, and to take proper w "f^^v""' ■^^^^'■^ '^'"^ ^^^ fame, in full Satisfaftion of all their Claims and Demands on the faid Company ; in which -under jool.° ' ^'^^^ Certificates, and each and every of them, itfliall and may be lawful to and for the faid CommiiTioners to include as many of the faid Creditors and Proprietors, whofe Demands fhall be refpedfively under the Sum of one hundred Pounds, as they fhall think fit; and fhall and may make all and every fuch their refpeftive Certificates in the Name or Names of the At'orney or Attornies of the faid Creditors or Pro- prietors, for their Ufe ; provided fuch Letters of Attorney fhall be executed in the Prefence of one or more of the faid Commiffioners, or in fuch Manner as they (hall direft. Cieditors dying, XVI. And be it further enacted by the Authority aforefaid. That in cafe any o^ the faid Creditors, Pro- oriK-cUredBanic- pj.;^,j.gi-g ^j. Q[|-,ei. perfons, as aforefaid, are now dead, or hath been duly declared Bankrupt, or fhall, liefore to'UdeHvered^.'^^" m.aking Out and delivering of fuch Certificates as herein before direfled, happen to die, or be duly de- to the Executors clared Bankrupt, then the faid Commiffioners, or any two of them, fhall deliver, or caufe to be delivered, or Affignees. to the Executors or Adminillrators of fuch Creditor, Proprietor or other Pcrfon, as aforefaid, fo dead or dying, as aforefaid, or to the Affiainee or Affignees of the Eftate and Effedts of fuch Creditor, Proprietor or other Perfon, as afortfitid, fo declared, or to be declared, Bankrupt as aforefaid, the Certificate or Certifi- cates herein directed to be made out as aforefaid, and to which fuch Creditor, Proprietor or other Perfon, as aforefaid, would have been refpetQively intitled. l?ver'u"on"oaVh ^'^'^'^^- ^"'^ ^^ '^ further enafted by the Authority aforefaid. That all and every the faid Creditors of the to aie"commif- '"^^ Company, and Proprietors of their Stock, on Receipt of the Certificates herein before directed to be fioners all Secu- made Out and delivered to them refpecStively, fliall and do, upon their refpective corporal Oaths, which the rities. fiij Commiffioners, or any two of them, are hereby authorized to adminifter for that Purpofe, produce and deliver up to the faid Commiffioners, or any two of them, as aforefaid, all and fingular the Bonds, ..Bills, Notes, Receipts or other Securities v/hatfoever, relating to their reir.ci3:i'e Debts, which at the Time of the Examination of the Claims of the faid refpeiTtive Creditors by the f.ii 1 Commiffioners were jiroducijd before them, or which, at the Time of receiving the faid Certificates, Ihall be in the Hands, Cuftody, Power or Pofleffion of the fiid Creditors refpetftively, or of any Perfon or Perfons in Traft for them; which faid feveral Bonds, Bills, Notes, Receipts or other Secm-ities, fo to be produced and delivered up as aforefaid, thefaiJ Commiffioners, or any two of them, are hereby impowered and required forthwith to cancel and deftroy, and the faid Commiffioners are hereby impowered to flop and retain the Certificate or Certificates of fuch Creditor or Creditors, as fhall not deliver up the S;curities to their Satisfailion, or as thcyfliall require, ^'nl'thrcom-" -^Vni. And be it further enafted by the Authority aforefaid, That for the Purpofes aforefaid, all and n'ii'ilionerB ac-" every the faid Creditors of the find Company, and th i faid Proprietors of African transferrable Stock, or the cordin^uoNrticc Executors or Admiififtraiors of fuch of them as are dead, or may hereafter die, or the Affignees of fuch of in the London them as are or may be duly declared Bankrupt, ihall attend the faid Commiffimers on fuch Days and Gazette. Tiines, and at fuch Place within the Cities of Lond.n or If'ejiiiiinjh'r, or the Suburbs thereof, as the faid Commiffioners, or any two or more of them, fliall from Time to Time appoint ; of which Notice (h:iJl be given in the London Gazette. 3"^7'^W " XIX. And be it further enaaed by the Authority aforefaid. That the Commiffioners of his Maj _ft>-'s e crti i,atL5. q-;.gj(-ypy^ o,. aiiv three or more of them now being, or the High Treafurer, or any three or more of the Commiffioners of the Treafury for the Time being, are hereby authorized and impowered on Tender to them of the Certificates herein before dire6lcd to be made out by the faid Commillioners, or any two of them,