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9 G. 4. c. 60. 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." Comptroller $ 38. “ The comptroller of corn returns shall and he is hereby to issue direc- authorized from time to time, in pursuance of any instructions tions respecting which he shall receive in that behalf from the lords of the said inspection of books of

committee of privy council, to issue to the several inspectors of inspectors.

corn returns any general or special directions respecting the in

spection by any person or persons of the books so directed as Inspector not aforesaid to be kept by every such inspector of corn returns; and to permit books no such inspector as aforesaid shall permit or suffer any person to to be perused

inspect any such book, or to peruse or transcribe any entry therein, without such directions.

except in compliance with some such general or special directions

from the said comptroller of corn returns as aforesaid.” Copy of the § 39. “ Each and every inspector of corn returns shall and he is last return to hereby required on each and every market day to put up or cause be affixed on

to be put up in the market place of the city or town for which he market place on each market

shall be appointed inspector, or if there shall be no market place in day.

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." Treasury to § 40. “ It shall and may be lawful for the commissioners of H. M.'s fix salaries of treasury of the U. K. of Great Britain and Ireland, by any warcomptrollers

rant or warrants to be for that purpose from time to time made and and inspectors.

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 501. in any one

year for such inspector." Regulations as $ 41. “ The salaries aforesaid shall be paid by the collector or to payment of other chief officer of the customs or of the excise in or for the salaries.

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.

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.”

$ 42. “If any person who is hereby required to make and deliver Penalty on the declaration or declarations herein-before particularly mentioned corn dealers and set forth, or either of them, shall not make and deliver such for not making

declarations or 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 Recovery and prosecuted, sued for, and recovered by and to the use of any per- application of son who will sue for the same, before any two justices of the peace

penalties. 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

Justices may

9 G. 4, c. 60. 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.” Committee of

§ 44. ®“ Provided always, that it shall and may be lawful for privy council

the lords of the said committee of privy council, by any order may stay proceedings on

to be made by them, and issued under the hands of one of the information.

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 mitigate penale that it shall also be lawful for any justices of the peace before whom ties.

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." Penalty on wit

§ 45. “ If any person who shall be summoned as a witness to give nesses not at

evidence before any justices of the peace, touching any matter of tending when required.

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." Punishment for

§ 46. “ If any person shall make any false and fraudulent statemaking false

ment 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." Act not to § 47. “ Nothing in this act contained shall extend to alter the affect the practice of mea

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

returns.

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

of London. 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:

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Wheat:-According to the average price of wheat, made up and published in manner required by law; viz.

. Whenever such price shall be 62s. and under 63s. the

quarter, the duty shall be for every quarter Whenever such price shall be 63s. and under 64s. the

quarter, the duty shall be for every quarter Whenever such price shall be 64s. and under 65s. the

quarter, the duty shall be for every quarter Whenever such price shall be 65s. and under 66s. the

quarter, the duty shall be for every quarter Whenever such price shall be 66s. and under 678. the

quarter, the duty shall be for every quarter Whenever such price shall be 67s. and under 68s. the

quarter, the duty shall be for every quarter Whenever such price shall be 68s. and under 69s. the

quarter, the duty shall be for every quarter Whenever such price shall be 69s. and under 70s. the

quarter, the duty shall be for every quarter Whenever such price shall be 70s. and under 71s. the

quarter, the duty shall be for every quarter Whenever such price shall be 71s. and under 72s. the

quarter, the duty shall be for every quarter Whenever such price shall be 72s. and under 738. the

quarter, the duty shall be for every quarter Whenever such price shall be at or above 73s., the duty

shall be for every quarter

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9 G. 4. c. 60.

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Whenever such price shall be under 62s. and not under
61s., the duty shall be for every quarter
And in respect of each integral shilling, or any part

of each integral shilling, by which such price shall

be under 61s., such duty shall be increased by ls.
Barley :—Whenever the average price of barley, made

up and published in manner required by law, shall be
33s. and under 34s. the quarter, the duty shall be for
every quarter
And in respect of every integral shilling by which

such price shall be above 33s., such duty shall be

decreased by 1s.6d., until such price shall be 41s.
Whenever such price shall be at or above 41s., the duty

shall be for every quarter
Whenever such price shall be under 33s. and not under
32s., the duty shall be for every quarter
And in respect of each integral shilling, or any part

of each integral shilling, by which such price shall
be under 32s., such duty shall be increased by

Is. 6d.
Oats:—Whenever the average price of oats, made up

and published in manner required by law, shall be 25s.
and under 26s. the quarter, the duty shall be for every
quarter
And in respect of every integral shilling by which

such price shall be above 258., such duty shall be

decreased by 1s. 6d., until such price shall be 31s.
Whenever such price shall be at or above 31s., the duty

shall be for every quarter
Whenever such price shall be under 25s., and not under
24s., the duty shall be for every quarter
And in respect of each integral shilling, or any part

of each integral shilling, by which such price shall
be under 21s., such duty shall be increased by

1s. 6d.
Rye, Pease, and Beans:—Whenever the average price
of rye, or of pease, or of beans, made up and published
in manner required by law, shall be 36s. and under 378.
the quarter, the duty shall be for every quarter
And in respect of every integral shilling by which

such price shall be above 36s., such duty shall be

decreased by ls. 6d., until such price shall be 46s.
Whenever such price shall be at or above 46s., the duty

shall be for every quarter
Whenever such price shall be under 36s. and not under
35s., the duty shall be for every quarter

And in respect of each integral shilling, or any part
of each integral shilling, by which such price shall

be under 358., such duty shall be increased by 1s.6d.
Wheat Meal and Flour:-For every barrel, being 196 lbs.:

- A duty equal in amount to the duty payable on 385
gallons of wheat.
Oatmeal:-For every quantity of 1812 lbs.:- A duty
equal in amount to the

duty payable on a quarter of oats.

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