Provisions of this act as to § 34. "For the purpose of ascertaining the average price of 9 G. 4. c. 60. corn and grain sold within the U. K. of Great Britain and Ireland, it shall and may be lawful for H. M. by any order or orders to be by him made, by and with the advice of his privy council, to direct that the provisions of this act, so far as regards the appointment of inspectors and the making of weekly returns, shall be applicable to any cities or towns within the U. K. of Great Britain and Ireland which shall be named in any such order or orders in council: Provided always, that the returns so received from such towns shall not be admitted into the averages made up for the purpose of regulating the duties payable upon foreign corn, grain, meal, or flour." §35. "The comptrollers of corn returns, and each and every inspector of corn returns, or other person who at or immediately before the time when this act shall come into operation shall hold any office or appointment under and by virtue of the act so passed as aforesaid in the seventh and eighth year of H. M.'s reign, or who shall be discharging any duties required of him by such last-mentioned act, shall and he is hereby authorized and required forthwith to act in such his office or appointment under and by virtue of this present act, and to discharge the several duties of and belonging to such his former office or appointment, in such and the same manner and as fully and effectually, to all intents and purposes, as if he had been appointed to such his office or appointment as aforesaid under and by virtue of this present act; and that the person appointed to act as inspector of corn returns for the city of London, under the act so passed as aforesaid in the seventh and eighth year of H. M.'s reign, shall, without further appointment, continue to act as such inspector under this act, until he shall die or resign such his office, or be removed therefrom by the lord mayor and aldermen of the city of London in manner aforesaid." making weekly returns may be applied to any town in the united kingdom. The present comptrollers and inspectors of returns to continue in office. If returns are untrue, comptroller to lay a statement $36. Provided always, that if the said comptroller of corn returns shall at any time see cause to believe that any return so to be made as aforesaid to any such inspector of corn returns for the city of London, or for any other such city or town as thereof before aforesaid, is fraudulent or untrue, the said comptroller shall and the committee he is hereby required, with all convenient expedition, to lay be- of privy counfore the lords of the said committee of privy council a statement cil. of the grounds of such his belief; and if, upon consideration of any such statement, the said lords of the said committee shall direct the said comptroller to omit any such return in the computation of such aggregate weekly average price as aforesaid, then and in that case, but not otherwise, the said comptroller of corn returns shall and he is hereby authorized to omit any such return in the computation of such aggregate weekly average price." act shall trans $37. "Any corn factor, dealer, or other person, who at or pre- Corn dealers viously to the time when this present act shall come into operation having made shall have made the declaration required of him in and by the the declaration said act so passed as aforesaid in the seventh and eighth year of previous to this H. M.'s reign, shall and he or she is hereby required forthwith to mit returns and make all such returns to such several inspectors of corn returns as comply with aforesaid, and to perform and do all such acts, matters, and the rules hereby things, and to comply with and observe all such rules and regula- required. tions, as are hereby required or directed of or in regard to persons 9 G. 4. c. 60. Comptroller to issue directions respecting inspection of books of inspectors. Inspector not to permit books to be perused without such directions. Copy of the last return to be affixed on market place on each market day. Treasury to Regulations as to payment of salaries. who have made any declaration required of them in and by the present act, although he or she may not have actually made such last-mentioned declaration." § 38. "The comptroller of corn returns shall and he is hereby authorized from time to time, in pursuance of any instructions which he shall receive in that behalf from the lords of the said committee of privy council, to issue to the several inspectors of corn returns any general or special directions respecting the inspection by any person or persons of the books so directed as aforesaid to be kept by every such inspector of corn returns; and no such inspector as aforesaid shall permit or suffer any person to inspect any such book, or to peruse or transcribe any entry therein, except in compliance with some such general or special directions from the said comptroller of corn returns as aforesaid." § 39. "Each and every inspector of corn returns shall and he is hereby required on each and every market day to put up or cause to be put up in the market place of the city or town for which he shall be appointed inspector, or if there shall be no market place in such city or town, then in some other conspicuous place therein, a copy of the last return made by him to the comptroller of corn returns, omitting the names of the parties who may have sold and bought the said corn; and every such inspector shall also again put up such account on the market day immediately following that on which it shall first have been put up, in case the same shall from accident or any other cause have been removed, and shall take due care that the same shall remain up for public inspection until a new account for the ensuing week shall have been prepared and set up." § 40. "It shall and may be lawful for the commissioners of H. M.'s treasury of the U. K. of Great Britain and Ireland, by any warrant or warrants to be for that purpose from time to time made and issued, to settle and allow such reasonable and moderate salaries as shall be paid and payable to the said several inspectors of corn returns for the city of London, and for the several other cities and towns aforesaid, for and in consideration of the duties so to be performed by them; provided that the salary so to be allowed to the inspector of corn returns in and for the city of London shall not in any one year exceed the sum of 300l., in consideration of which salary he shall and is hereby required to keep and maintain a proper and convenient apartment or place of business at or near to the said corn exchange in Mark Lane, for transacting the duties of such his office, and to defray all incidental charges and expenses of and attendant upon such his office: Provided also, that the salary to be granted to any inspector of corn returns of any other of the cities and towns aforesaid shall not exceed 50l. in any one year for such inspector." §41. "The salaries aforesaid shall be paid by the collector or other chief officer of the customs or of the excise in or for the city or town for which each and every of the said inspectors respectively may be so appointed, by four quarterly payments; provided that no such quarterly payments aforesaid shall be made, unless the inspector of corn returns claiming the same shall first produce and deliver to such collector, or other chief officer of the customs or excise, a certificate under the hand of the comptroller of corn returns, certifying that such inspector hath duly made the returns required of him by this present act during the period in 9 G. 4. c. 60. respect of which any such payment is to be made, and which certificate such comptroller is hereby required, on the application of any such inspector as aforesaid, to grant, unless any such inspector shall, without good and sufficient cause, have neglected or omitted to make such returns as aforesaid, or some of them: Provided also, that if the duties of the said office of inspector of corn returns for the city of London shall, during any such quarter of a year as aforesaid, have been discharged wholly or in part by a deputy, the comptroller of corn returns shall in such certificate as aforesaid specify the length of time during which such deputy hath so acted, and the whole or a proportionate part, as the case may be, of any such quarterly payment, shall in that case be paid to the said deputy and if the duties of inspector of corn returns for any other of the cities and towns aforesaid shall during any such quarter of a year be performed successively by two or more persons, the comptroller of corn returns shall in like manner specify the length of time during which each such person hath so performed the said duties, and a proportionate part of any such quarterly payment shall in that case be paid to the several persons respectively performing the said duties." peace $42. "If any person who is hereby required to make and deliver the declaration or declarations herein-before particularly mentioned and set forth, or either of them, shall not make and deliver such declaration or declarations at the time, and in the form and manner, and to the person or persons, herein-before directed and prescribed in that behalf, every person so offending shall forfeit and pay the sum of twenty pounds for each and every calendar month during which he shall neglect or delay to make and deliver any such declaration; and if any person who is herein-before required to make any return to any such inspector of corn returns as aforesaid shall not make such returns to such inspector, at the time and in the form and manner herein-before directed and prescribed, every such offender shall for such his offence forfeit and pay the sum of 201." §43. "All and every the penalties aforesaid shall and may be prosecuted, sued for, and recovered by and to the use of any person who will sue for the same, before any two justices of the acting in and for the city, town, county, riding, or division within which the offence shall have been committed; and upon conviction of any such offender before any such justices of the peace, either by the confession of the party offending, or by the oath of any credible witness or witnesses (which oath such justices are hereby authorized to administer), the amount of such penalties and forfeitures shall be levied, together with the costs attending the information and conviction, to be assessed and allowed by such justices, by distress and sale of the goods and chattels of the party or parties offending, by warrant under the hands and seals of such justices (which warrant such justices are hereby empowered and required to grant); and the overplus (if any), after such penalties, forfeitures, and fines, and the charges of such distress and sale, are deducted, shall be returned, upon demand, unto the owner or owners of such goods and chattels; and in case such fines, penalties, and forfeitures shall not be forthwith paid upon conviction, then it shall be lawful for such justices to order the offender or offenders so convicted to be detained and kept in safe custody Penalty on corn dealers Recovery and application of penalties. 9 G. 4, c. 60. Committee of privy council may stay proceedings on information. Justices may mitigate penal ties. Penalty on wit nesses not at tending when required. Punishment for making false returns. Act not to affect the practice of mea until return can be conveniently made to such warrant of distress, unless the offender or offenders shall give sufficient security, to the satisfaction of such justices, for his or their appearance before such justices on such day or days as shall be appointed for the return of such warrant of distress, such day or days not being more than seven days from the time of taking any such security, and which security the said justices are hereby empowered to take by way of recognizance or otherwise; but if upon the return of such warrant it shall appear that no sufficient distress can be had thereupon, then it shall be lawful for any such justices of the peace as aforesaid, and they are hereby authorized and required, by warrant or warrants under their hands and seals, to cause such offender or offenders to be committed to the common gaol or house of correction of the city, town, county, riding, or division where the offender shall be or reside, there to remain, without bail or mainprize, for any term not exceeding three calendar months, unless such penalties, forfeitures, and fines, and all reasonable charges attending the same, shall be sooner paid and satisfied." §44. "Provided always, that it shall and may be lawful for the lords of the said committee of privy council, by any order to be made by them, and issued under the hands of one of the clerks of H. M.'s most honourable privy council, to stay the proceedings upon any information before any such justices of the peace as aforesaid, for the penalties aforesaid, or any of them; and that it shall also be lawful for any justices of the peace before whom any person shall be convicted of any offence against this act, if he or they shall think proper, to mitigate or reduce the penalty incurred by such person, so as such reduction or mitigation do not exceed two thirds of the penalty to which such person would be liable under this act." §45. "If any person who shall be summoned as a witness to give evidence before any justices of the peace, touching any matter of fact contained in any information or complaint for any offence against this act, either on the part of the prosecutor or of the person or persons accused, shall, after a reasonable sum of money for his or her charges and expenses shall have been paid or been tendered to him or her, refuse or neglect to appear at the time and place for that purpose appointed, without a reasonable excuse for his, her, or their neglect, or appearing shall refuse to be examined on oath and give evidence before such justices of the peace, then and in either of such cases such person shall forfeit for every such offence any sum not exceeding 10l., to be recovered in the manner herein-before provided for the recovery of the several penalties aforesaid." §46. "If any person shall make any false and fraudulent statement in any such return as he is herein-before directed and required to make, or shall falsely and wilfully include or procure or cause to be included in any such return any British corn which was not truly and bona fide sold or bought to, by, or on behalf of the person or persons in any such return mentioned in that behalf, in the quantity and for the price therein stated and set forth, every such offender shall be and be deemed guilty of a misdemeanor." § 47. "Nothing in this act contained shall extend to alter the present practice of measuring corn, or any of the articles aforesaid, suring or privi- to be shipped from or to be landed in the port of London; but of London. the same shall be measured by the sworn meters appointed for that 9 G. 4. c. 60. purpose, by whose certificate the searchers or other proper officers of H. M.'s customs are hereby empowered and required to certify leges of the city the quantity of corn or other articles as aforesaid so shipped or landed; and nothing in this act contained shall extend to lessen or take away the rights and privileges of, or the tolls or duties due and payable to, the mayor and commonalty and citizens of the city of London, or to the mayor of the said city for the time being, or to take away the privileges of any persons lawfully deriving title from or under them." § 48. "If any action or suit shall be brought or commenced Limitation of against any person or persons for any thing by him, her, or them actions. done by virtue or in pursuance of this act, such action or suit shall be commenced within three months next after the matter or thing done, and shall be laid in the proper county; and the defendant or defendants in such action or suit shall and may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon; and if afterwards a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall discontinue his, her, or their action or actions, or be nonsuited, or judgment shall be given against him, her, or them, upon demurrer or otherwise, then such defendant or defendants shall have treble costs awarded to him, her, or them, against such plaintiff or plaintiffs." Table of Duties to which this Act refers. If imported from any foreign country: Wheat:-According to the average price of wheat, made 108 018 8 0 16 8 0 13 8 0 10 8 068 028 010 |