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has been filed there, to return the conviction to the court above. Paley, Conv. 211.
No writ of error lies on summary convictions, and therefore the writ of certiorari is the only mode by which a revision of these proceedings by the superior courts can be obtained, and is consequently the only mode to be adopted where the defendant is not in custody, but wishes to obtain an examination of the conviction by the superior court. Paley, Conv. 212.
[For the general law on this subject, see tit. Tertiorari.]
By the common law, the regularity of the proceedings under a By action summary jurisdiction may be questioned in a collateral action against convictPaley, Conv. 239.
ing magistrate [The qualifications of this rule, and the extent to which a subsisting conviction protects the magistrate, will be considered under tit. Justice.]
Cordage for Shipping; and Stores
I. Cordage for Shipping.
[25 G. 3. c. 56.]
II. Stores of War.
I. Cordage for Shipping. BY stat. 25 G. 3. c. 56. § 2., no person, after 25th July 1785, 2.5 G. 3. c. 56.
shall use, in the making of cables, hawsers, or other ropes for Short chucking, the use of shipping, or knowingly sell the same, in the manufactur- &c. not to be ing whereof there shall be used any hemp, usually known by the
used in making
cordage for names of short chucking, half clean, whale line, or other toppings, shipping. cordilla, damaged hemp bought at a public or other sales, or any hemp from which the staple part thereof shall have been taken away by the manufacturer ; on pain of forfeiting (if he be the manufacturer thereof) such cable, hawser, or other rope, and treble the value thereof; and the vendor thereof, knowingly (and not being the manufacturer), shall forfeit treble the value thereof.
$ 3, 4. For better distinguishing the quality of such cables, &c. Cordage to be whenever the same shall be manufactured in whole or in part of distinguished as any hemp, the use whereof is not prohibited by this act, and the staple and inquality whereof shall be inferior to clean Petersburgh hemp, the ferior. same shall be deemed inferior cordage, and the maker shall distinguish the same by running from end to end of each cable three tarred mark yarns, spun with turn contrary to that of rope yarn, and also one like-tarred yarn in every other rope for the use of
And maker's shipping; and shall mark or write onoa tally to be affixed thereon the word staple or inferior (as the case shall be), and also his name affixed.
name to be
25 G. 3. c. 56. signed by himself or his attorney, together with the name of the
place where manufactured; and in default thereof every such manufacturer shall for every offence forfeit 10s. for every hundred
weight. Penalty on put- $ 5. And if any rope-maker shall wilfully or knowingly permit ting a false
or suffer his name to be put as aforesaid on the tally of any cable, cordage.
&c. not being of his own proper manufacturing; or if the vender or proprietor of any such cable, &c. or any other person
whomsoever, wilfully and knowingly mark upon the tally affixed thereon the name of any person, not being the manufacturer thereof, he
shall forfeit 201. Penalty on
$ 6. And if any person shall make any cables of any old or worn making cables
, which shall contain above seven inches in compass, he shall of old stuff.
forfeit four times the value thereof.
($ 8., respecting the importation of cordage, was repealed by
stat. 6 G. 4. c. 105.] Penalties how $7. All pecuniary penalties or forfeitures by this act imposed exto be recovered
ceeding 51. are to be recovered in the courts of Westminster; if not and applied.
exceeding 51. the same may be levied by distress, by one justice, on the oaths of two witnesses; and if sufficient distress cannot be found, such justice shall commit the offender to the common gaol or house of correction for any time not exceeding three calendar months, nor less than seven days, or until such penalty and all costs and charges attending the same shall be paid. And all such penalties and forfeitures, and also all cordage which shall be forfeited, shall be paid and delivered to the person who shall sue, who may sell or otherwise dispose of such cordage (after being cut into
lengths not exceeding twelve feet) to his own use. Appeal.
§ 11. If any person shall think himself aggrieved by any thing done in pursuance of this act, and for which no particular method of relief is appointed, he may, within four months after such matter done, appeal to the sessions, giving fourteen days' notice, in writing, of his intention to appeal, and the matter thereof, to the person appealed against, and within four days after giving such notice entering into recognizance before some justice for the county, city, or place, with two sureties, to try such appeal, and abide the order, and pay such costs as shall be awarded at such sessions; and on due proof of such notice, the justices at such sessions shall hear and finally determine such appeal, and award
such costs as they shall think proper. Proceedings not § 12. And no order, verdict, judgment or other proceeding shall to be quashed, be quashed for want of form only, or be removed by certiorari, nor distress
II. Stores of wmar.
I. The Measure of Corn: - Corn Rents.
Importation and Exportation.
[9 G. 4. c. 60.] IV. Obstructing the free Passage of Corn.
[9 G. 4. c. 31.]
I. The measure of Corn.-Corn Rents. To buy or sell corn in the sheaf, before it is threshed and mea- Buying corn in
sured, is against the common law of England; because by such the sheaf withsale the market is in effect forestalled. Hadham's case, 3 Inst. 197. out measuring.
[For the remainder of this subject, see tit. dTeights and Measures, Vol. V.]
II. Cutting Corn growing, or burning Stacks of
III. Ascertaining the price of Grain, for regulating
the Importation and Erportation. [The stat. 1 & 2 G. 4. c. 87. was repealed by stat. 7 & 8 G. 4. c. 58., which latter statute was itself repealed by the act now in force, 9 G. 4. c. 60.]
Stat. 9 G. 4. c. 60., intituled An act to amend the laws relating to the importation of corn. $ 1.“ Reciting an act passed in the fifty-fifth year of the reign of his late majesty king George the third, intituled An act to amend the laws now in force for regulating 55 G. 9. c. 26. the importation of corn: And reciting an act passed in the third year of the reign of his present majesty, intituled An act to 3 G. 4. c. 60. amend the laws relating to the importation of corn: And reciting a certain act passed in the seventh and eighth years of his majesty's reign, intituled An act to make provision for ascertaining from 7 & 8G.4. c.58. time to time the average prices of British corn: And reciting that it is expedient that the said acts should be repealed, and that new provisions should be made in lieu thereof; enacts that the said acts shall be and the same are hereby repealed: Provided Recited acts nevertheless, that all acts or parts of acts, which by virtue of the repealed. above recited acts, or either of them, were repealed, shall still be deemed and taken to be and remain repealed: Provided also, that all actions, suits, and prosecutions, now depending or hereafter to be brought for or by reason of any breach or non-performance of
may be im.
ment of the
9 G. 4. c. 60. any of the provisions of the said acts, or for the recovery of any
duties or sums of money payable under and by virtue of the same, shall and may be proceeded with, as fully and effectually, to all in
tents and purposes, as if this present act had not been made." So much of § 2. “ And reciting an act passed in the sixth year of his 6 G. 4. c. 111. majesty's reign, intituled An act for granting duties of customs, as imposes whereby certain duties were imposed on the importation of buck duties on buck
wheat and Indian corn; and it is expedient that the said duties wheat and Indian corn, re
should be repealed; enacts that so much of the said act passed pealed. in the sixth year of his majesty's reign, as imposes duties on the
importation of buck wheat and Indian corn, shall be and the same
is hereby repealed.” Foreign corn
$ 3. " And reciting that it is expedient that corn, grain, meal, and
flour, the growth, produce, and manufacture of any foreign country, ported on pay- or of any British possession out of Europe, should be allowed to be
imported into the U. K. for consumption, upon the payment of duduties specified ties to be regulated from time to time according to the average in the table to
price of British corn made up and published in manner hereinafter required; enacts, that there shall be levied and paid to H. M., upon all corn, grain, meal, or flour entered for home consumption in the U. K. from parts beyond the seas, the several duties specified and set forth in the table annexed to this act; and that the said duties shall be raised, levied, collected, and paid in such and the same manner in all respects as the several duties of customs mentioned and enumerated in the table of duties of customs inwards annexed to the said act passed in the sixth year of the reign of H. M., and by virtue and in pursuance of the several
powers and provisions in that act contained, and not otherwise." Regulations to
“ Provided always, that no corn, grain, meal, or flour be observed shall be shipped from any port in any British possession out upon shipping of Europe, as being the produce of any such possession, until the corn from any British posses
owner or proprietor or shipper thereof shall have made and sion out of
subscribed, before the collector or other chief officer of customs Europe. at the port of shipment, a declaration in writing, specifying the
quantity of each sort of such corn, grain, meal, or flour, and that the same was the produce of some British possession out of Europe to be named in such declaration, nor until such owner or proprietor or shipper shall have obtained from the collector or other chief officer of the customs at the said port a certificate, under his
signature, of the quantity of corn, grain, meal, or flour so declared Regulations as
to be shipped; and before any corn, grain, meal, or flour shall be to corn entered entered at any port or place in the U. K., as being the produce of for importation. any British possession out of Europe, the master of the ship import
ing the same shall produce and deliver to the collector or other chief officer of customs of the port or place of importation a copy of such declaration, certified to be a true and accurate copy thereof, under the hand of the collector and other chief officer of customs at the port of shipment before whom the same was made, together with the certificate, signed by the said collector or other chief officer of customs, of the quantity of corn so declared to be shipped; and such master shall also make and subscribe, before the collector or other chief officer of customs at the port or place of importation, a declaration in writing, that the several quantities of corn, grain, meal, or flour on board such ship, and proposed to be entered under the authority of such declaration, are the same that were mentioned
and referred to in the declaration and certificate produced by him, 9G. 4. c. 60. without any admixture or addition ; and if any person shall, in any such declaration, wilfully and corruptly make any false statement respecting the place of which any such corn, grain, meal, or flour was the produce, or respecting the identity of any such corn, grain, meal, or flour, such person shall forfeit and become liable to pay to H. M. the sum of 1001., and the corn, grain, meal, or flour to such person belonging, on board any such ship, shall also be forfeited; and such forfeitures shall and may be sued for, prosecuted, recovered, and applied in such and the same manner in all respects as any forfeiture incurred under and by virtue of the said act so passed in the sixth year of H. M.'s reign : Provided always, that the declarations aforesaid shall not be required in respect of any corn, grain, meal, or flour which shall have been shipped within three months next after the passing of this act.”
$ 5.“ Provided always, that it shall not be lawful to import, from Penalty for imparts beyond the seas into the U. K., for consumption there, any ground corn, malt, or to import, for consumption, into Great Britain, any corn
except as alground, except wheat meal, wheat flour, and oatmeal; or to import, lowed. for consumption, any corn ground into Ireland ; and that if any such article as aforesaid shall be imported contrary to the provisions aforesaid, the same shall be forfeited."
§ 6. “ Provided always, that the commissioners of H. M.'s Account of corn customs shall, once in each calendar month, cause to be pub- and flour imlished in the London Gazette an account of the total quantity duties paid, and of each sort of the corn, grain, meal, and four respectively, which of the quantity shall have been imported into the U. K.; and also an account in warehouse, to of the total quantity of each sort of the corn, grain, meal, and flour be published in respectively, upon which the duties of importation shall have been the Gazette paid in the U. K. during the calendar month next preceding; to- monthly. gether with an account of the total quantity of each sort of the said corn, grain, meal, and four respectively remaining in warehouse at the end of such next preceding calendar month."
$ 7. “ Provided always, that if it shall be made to appear to If any foreign H. M. in council that any foreign state or power hath subjected state shall subBritish vessels, at any port within the dominions of such state
vessels, goods, or power, to any other or higher duties or charges whatever &c. to any than are levied on national vessels at any such port, or hath higher duties subjected, at any such port, goods the growth, produce, or manu- or charges than facture of any of H. M.'s dominions, when imported from any
the vessels, &c. of such dominions in British vessels, to any other or higher duties
of other counor charges whatever than are levied on such or the like goods, of tries, his mawhatever growth, produce, or manufacture, when so imported in jesty may pronational vessels, or hath subjected, at any port or place within the hibit the imdominions of such foreign state or power, any article of the growth, portation of
corn from such produce, or manufacture of H. M.'s dominions, when imported from any of such dominions in British vessels or in national vessels, to any duties or charges which would not be payable on the like article being of the growth, produce, or manufacture of any other country, and imported from such other country in national vessels; or that any such foreign state or power hath granted any bounties, draw. backs, or allowances upon the exportation from any port or place within the dominions thereof of any articles the growth, produce, or manufacture of the dominions of any other foreign state or power, which hath not also been granted upon the exportation from such
are levied on