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A39094 An Extract of so much of the act of Parliament of 9 & 10 Gulielmi III. entituled, An act for raising a sum not exceeding two millions, upon a fund for payment of annuities, after the rate of 8l. per cent. per an. and for settling the trade to the East-Indies as relates to such corporations as were to be, or might be errected by virtue of the said act : together with some observations thereupon. 1698 (1698) Wing E3914; ESTC R41148 3,318 2

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Commune Concilium tentum in Camera Guild-Hall Civitatis London die Sabbati vicesimo primo die Februarii Annoque Domini 1673. Anno Regni Regis CAROLI Secundi Angliae c. vicesimo sexto coram Willielmo Hooker Milite Majore Civitatis London Thoma Aleyn Milite Baronetto Johanne Lawrence Willielmo Peake Willielmo Turner Ricardo Ford Georgio Waterman Dionysio Gawden Militibus Johanne Forth Armigero Roberto Clayton Milite Aldermannis Henrico Tulse Milite Aldermanno uno Vicecomitum Civitatis London necnon majore parte Communiariorum de Communi Concilio praedictae Civitatis tunc ibidem assemblat An Act for Regulation of the Brokers upon the Royal Exchange LONDON WHEREAS by antient Custom of this City of London and by divers Charters of several Kings of this Realm confirmed in Parliament no Person or Persons ought to use or exercise Brokage within the said City and Liberties thereof unless he or they were thereunto admitted and were likewise sworn faithfully and honestly to use and exercise the same before the Lord Maior and Aldermen of the same City Yet notwithstanding of late times very many Persons contrary to the said Custom and Charters confirmed as aforesaid have taken upon themselves and do daily take upon themselves the Vse and Exercise of the said Office and Imployment without any lawful Authority not being first admitted and sworn as aforesaid whereby manifold Evils and Inconveniences have ensued and do daily happen both to the Brokers duly admitted and sworn and also to Merchants Traders Owners of Shipping and Mariners between whom such Brokers not admitted have negotiated and do deal whilest they remain free and loose from that Oath and Obligation for their faithful and honest demeanor in the said Imployment which is taken and entred into by the lawful Brokers at their Admittance into the said Office For remedy whereof and for the better eschewing and preventing all usurious Contracts and Bargains false Chevesance a●d other corrupt Devices and crafty Deceits which have been invented devised and practised by the great Nup … and Multitude of such common Brokers both English and Aliens not admitted sworn 〈…〉 as aforesaid Be it Enacted Ordained and Established by the Right Honourable the Lord Maior the Aldermen and Commons in this Common Council assembled and by the Authority of the same That no Person or Persons English or Alien free of the City of London or Foreiner from the Liberties thereof after the five and twentieth day of the Month of March now next coming shall take upon him or them the Vse and Exercise of the Office of a Broker or Brokage between any manner of Persons within the said City of London or Liberties thereof nor shall presume as a Broker or Solicitor to make any manner of Bargain or Bargains Contract or Contracts in or relating to the Art or Trade of Merchandizing by Exchange or for letting of Ships to Freight or Hire or otherwise howsoever between any manner of Persons within the said City or Liberties thereof unless he or they be or shall be first admitted and sworn before the Maior and Aldermen of this City of London for the time being or before the said Maior and the more part of the said Aldermen for the time being a common Broker to exercise Brokage within the said City and Liberties thereof and there become bound to the Chamberlain of the said City for the time being with good and sufficient Sureties for him or them in the penal Sum of one Hundred Pounds conditioned for the due Execution of the same Office upon pain of forfeiting the Sum of Twenty Pounds of lawful money of England for every time that such Person or Persons shall offend commit or do contrary to the purport true intent and effect of this present Act. And be it further Enacted by the Authority aforesaid That no Person or Persons whatsoever shall after the said five and twentieth day of March now next coming willingly and knowingly employ or set on work any Person or Persons as a Broker to make any Bargain with any Person or Persons within this City of London or the Liberties thereof unless such Person or Persons so employed or to be employed as a Broker be or shall be first admitted and sworn before the Maior and Aldermen of the said City for the time being a common Broker and be bound as aforesaid upon pain of forfeiting the Sum of Five Pounds of lawful money of England for every time that such person or persons shall offend therein And further to prevent all pretence that the Persons are not known who are duly admitted and sworn Brokers and that it may appear to the Merchants or others who shall use or employ any Brokers that the same Brokers are duly admitted and sworn to exercise the same Office Be it Enacted by the Authority aforesaid That the Names and Surnames of all such Persons who are and shall be duly admitted and sworn Brokers as aforesaid be speedily Printed or fairly Written in a Table and published by being hung up at the Entrance of the Royal Exchange and from time to time there be continued and that the same Brokers who are and shall be so duly admitted and sworn do bear about with them a Medal of Silver with the City Arms to hang before their Breasts as also do from time to time carry along with them Authentick Copies under the Seal of the Maioralty of this City of their several Admittances into the said Offices or Imployments for the better satisfaction of all persons who are or shall be concerned to know the same And be it further Enacted by the Authority aforesaid That all and every the Pains Penalties and Forfeitures in and by this Act of Common Council limited and appointed the Charge of the Suit for the recovery thereof being first deducted shall be divided into two equal moieties or half parts whereof one equal moiety or half part shall be to the use of the Hospitals and Prisons belonging to this City to be distributed as the Lord Maior and Court of Aldermen for the time being shall direct and appoint and the other equal moiety or half part thereof shall be to the use of such Person or Persons who shall prosecute such Offence And that all 〈◊〉 every such Peins and Penalties and Forfeitures shall be recovered by Action of Debt Bill Plaint or Information to be commenced and prosecuted in the name of the Chamberlain of this City for the time being in the Kings Majesty's Court holden before the Maior and Aldermen of the City of London in the Chamber of Guild-Hall of the same City in all which Actions and Suits to be commenced and prosecuted by virtue of this present Act against the Offender or Offenders the said Chamberlain in case he shall recover by Verdict or otherwise shall be allowed his reasonable Costs of Suit to be expended in and about the Prosecution thereof in all which Actions and Suits and Prosecutions so to be commenced and prosecuted no Essoign or Wager of Law shall be admitted or allowed for the Defendant And it is further Enacted by the Authority aforesaid That 〈◊〉 number of the said Brokers to be so admitted shall not exceed the Number of One Hundred Persons born within this Kingdom and the Number of Twelve Aliens born being Members of the Dutch and French Congregations and Six others being Aliens born as by the Court held before the Lord Maior and Aldermen from time to time shall be thought meet and convenient And be it further Enacted by the Authority aforesaid That every Person and Persons that from and after the five and twentieth day of March next ensuing shall use and exercise the said Office and Imployment of a Broker in the cases before-mentioned during such time as he or they shall use or exercise that Office or Imployment shall not at any time contract for or buy any Wares or Merchandizes within the said City or Liberties thereof for the Vse or upon the Account of any other Person or Persons but that he shall first being the Buyer and Seller thereof or their sufficient Deputy or Deputies or Servant together or shall have a sufficient Warrant or Authority in Writing from such Buyer and Seller authorizing him to make such Bargain or Sale or shall otherwise make a just and rightful Bargain between them upon pein that for every time that he or they shall offend therein shall for every such Offence forfeit the Sum of Five Pounds to be recovered and distributed as aforesaid And for the preventing and avoiding of any Differences or Controversies that may hereafter arise between Buyers and Sellers by reason of any Contract or Bargain that shall be made by such that do or shall use the said Office or Imployment of a Broker Be it Enacted and Ordained by the Authority aforesaid That every Person and Persons that from and after the five and twentieth day of March next ensuing shall use or exercise the Office or Imployment of a common Broker for any of the purposes in this Act mentioned shall cause all such Contracts and Bargains as he or they at any time during his or their Exercise of the said Office shall make between Party and Party to be truly written in a Book ready to be shewed to the Lord Maior and Aldermen of this City as oft as it shall be required for the testimony and declaration of the truth of such Contract or Bargain upon pein that for every time that he or they shall offend therein shall forfeit the Sum of Five Pounds to be recovered and distributed as aforesaid Wagstaffe Printed by Andrew Clark Printer to the Honourable City of LONDON