Stock Jobbing Act 1733
| Jurisdiction | UK Non-devolved |
(7 Geo. 2) C A P. VIII.
'WHEREAS great Inconveniencies have arisen and do daily arise by the wicked, pernicious and destructive Practice of Stock-jobbing, whereby many of His Majesty's good Subjects have been and are diverted from pursuing and exercising their lawful Trades and Vocations, to the utter Ruin of themselves and Families, to the great Discouragement of Industry, and to the manifest Detriment of Trade and Commerce;' For Remedy thereof, may it please your most Excellent Majesty that it may be enacted, and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That all Contracts and Agreements whatsoever, which shall, from and after the first Day ofJune one thousand seven hundred and thirty-four, be made or entred into, by or between any Person or Persons whatsoever, upon which any Premium or Consideration in the Nature of a Premium shall be given or paid for Liberty to put upon, or to deliver, receive, accept, or refuse any Publick or Joint Stock, or other Publick Securities whatsoever, or any Part, Share, or Interest therein, and also all Wagers and Contracts in the Nature of Wagers, and all Contracts in the Nature of Putts and Refusals, relating to the then present or future Price or Value of any such Stock or Securities, as aforesaid, shall be null and void to all Intents and Purposes whatsoever, and all Premiums, Sum or Sums of Money whatsoever, which shall be given, received, paid, or delivered, upon all such Contracts or Agreements, or upon any such Wagers, or Contracts in the Nature of Wagers, as aforesaid, shall be restored and repaid to the Person or Persons who shall give, pay, or deliver the same, who shall be at Liberty, within Six Months from and after the making such Contract or Agreement, or laying any such Wager, to sue for and recover the same from the Person or Persons to whom the same is or shall be paid or delivered, with Double Costs of Suit, by Action of Debt founded on this Act, to be prosecuted in any of His Majesty's Courts of Record, in which Action no Essoin, Protection, Wager of Law, or more than one Imparlance shall be allowed; and it shall be sufficient therein for the Plaintiff to alledge that the Defendant is indebted to the Plaintiff, or has received to the Plaintiff's Use, the Money or Premium so paid or received, whereby the Plaintiff's Action accrued to him, according to the Form of this Statute, without setting forth the special Matter.
II Persons sued on this Act obliged to answer on Oath with Regard to such Contract.
II. And for the better Discovery of the Monies or Premium which shall be given, paid, or delivered, and to be sued for and recovered, as aforesaid; it is hereby further enacted by the Authority aforesaid, That all and every the Person or Persons who, by virtue of this present Act, shall or may be liable to be sued for the same, shall be obliged and compellable to answer upon Oath such Bill as shall be preferred against him or them in any Court of Equity for discovering any such Contract or Wager, and the Sum of Money or Premium so given, paid, or delivered, as aforesaid.
III Plaintiffs, on filing a Bill, to give Security for answerings Costs; otherwise the Defendant may refuse to appear.
III. Provided always, That the Plaintiffs, Relators, or Informers in such Bill shall and do (at the Time of bringing or filing such Bill) give good and sufficient Security to answer and pay the Defendants in such Bill full Costs of Suit, in case such Costs shall be adjudged to the Defendants, and that no Person shall be obliged to appear or to answer such Bill until such Security is given.
IV. And be it further enacted by the Authority aforesaid, That all and every Person or Persons whatsoever, who shall enter into, make, or execute any such Contract, Bargain, or Agreement, upon which any Premium, or Consideration in the Nature of a Premium, shall be given or paid for Liberty to put upon or to deliver, receive, accept, or refuse any Publick or Joint Stock, or other Publick Securities whatsoever, or any Part, Share, or Interest therein, or any Contract or Bargain in the Nature of Putts and Refusals, as aforesaid, or shall lay any such Wager, or make any such Contract in the Nature of a Wager, as aforesaid (except such Person or Persons who shall actually andbona fide , without Covinor Collusion, sue, and with Effect prosecute for the Recovery of the Money or Premium given, delivered, or paid by him, her, or them, as aforesaid; and also except...
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