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No. XI.

22 Charles II. c. 8.

Forfeiture for
offending
against this
Act.

The penalty
of mayors and

all other of
ficers permit.
ting the use of
any other mea

sure.

Clerk of the market, &c. refusing to seal or mark any measure, his forfeiture.

Exacting fees, how punished.

he or they shall forfeit for every such offence the sum of forty shillings; to be levied in such manner, and such other penalties for want of distress to be inflicted, as in and by the said former Act is directed by the warrant or order of any one or more of his Majesty's justices of the peace within the county, city, or place, where such offence shall be committed; which said justices respectively are hereby required and enabled to see this statute duly executed.

III. And be it likewise further enacted by authority aforesaid, That if any mayor or other head officer of any city, borough or corporation or liberty within this kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, shall knowingly and wilfully permit or suffer any person or persons within their respective limits or jurisdictions, to sell or buy any sort of corn or grain, ground or unground, or salt, by any other bushel or measure, or strucken in any other manner than is hereby prescribed; or shall suffer within their respective limits or jurisdictions any other measure to be used, than is of the contents aforesaid, and sealed as this Act directs; or if upon complaint of the breach of this statute, he or they shall not duly punish and reform the same according to the purport thereof; then he or they so offending, for every such offence upon due proof and conviction thereof by presentment or indictment before the justices of the peace of the county where such offence shall be committed, at the general sessions of the peace held for the same, shall forfeit the sum of five pounds; the one moiety thereof to the informer or prosecutor, the other moiety to the use of the poor of the parish where such offence shall be committed, to be levied by distress and sale of the offender's goods and chattels, and for default of such distress, by imprisonment of the person or persons so offending, till payment thereof made, by warrant of the said justices.

IV. And be it further enacted, That if the clerk of the market of his majesty's house within the verge, or the mayor, or other head officer, lord of the liberty, or other person authorized by the laws of the realm, to mark or seal measures within their respective jurisdictions, shall neglect or refuse, being required, to seal or mark any bushel, half bushel, or peck, duly gaged, as is hereby before directed and appointed, shall forfeit, for the first offence, five pounds, and for every other offence, ten pounds, to be levied as aforesaid; or if the clerk of the market of his majesty's house within the verge, shall take more than the lawful and accustomed fees; or if any other person or persons shall exact or take from any person more than one penny for the sealing and marking of a bushel, or more than one halfpenny for the sealing or marking of a half bushel or peck, or more than one farthing for the sealing or marking of any measure containing one gallon, pottle, quart, pint, or half pint; he or they shall, for every such offence, upon due proof and conviction thereof, incur the penalties mentioned and contained in the aforenamed statute for the said offence, made in the

16 Car. 1. c. 19. seventeenth year of King Charles the First.

V. And to the end that there may be a just and certain measure, to (determine all controversies) gaged as this Act directs, be it further enacted, That at the charge of such person or persons respectively, who shall have the toll or profit of the market, where toll is not taken within any city, corporation, or market town, within this realm in their respective jurisdictions, there shall be, before the said nine and twentieth day of September, one measure of brass provided, and chained in the publick market-place; upon pain to forfeit and lose for every person so neglecting respectively the every public sum of five pounds, to be recovered and levied as is by this Act directed; market-place. one moiety to the poor of the parish where such offence shall be committed; the other moiety to him or them that shall sue for the same.

A measure of brass to be chained in

Constables to search if any persons use other mea

sures.

VI. And be it further enacted by the authority aforesaid, That all and every constable or constables within this realm of England, in their respective precincts, are hereby empowered and required to search and examine if any person or persons use any other measure than according to the proportions aforesaid, or shall strike the same in any other manner than this Act directs, or sell or buy by a measure unsealed: And in case he or they shall find any such unsealed measure, to seize and break the same; and for that and every other offence against this Act, shall present such offender

at the next private or quarterly sessions to be held for such county or place where such offence shall be committed.

VII. Provided always, and be it enacted, That no person or persons punished for any offence by virtue of this Act, shall be again questioned or punished for the same offence, by virtue or colour of any other Act. VIII. Provided always, and be it further enacted and declared, That no

No. XI.

22 Charles II.

c. 8.

Once punish

ed.

person or persons whatsoever shall take any toll, or any thing in lieu there- Toll.

of, but respectively according to such proportion as the measures in this Act limited and appointed bear unto the measures whereby the same have been heretofore usually taken; any law, custom or usage to the contrary notwithstanding.

[No. XII.] 22 and 23 Charles II. c. 12.-An additional Act for ascertaining the Measures of Corn and Salt. WHEREAS notwithstanding there hath been great care taken in a late Act, intituled, An Act for the ascertaining the Measures of Corn and Salt throughout the Realm, yet the same is in a great measure avoided, by selling in private places, as well as in publick markets, by the bag, or 'without measuring, by the buyers shaking of the bushel before it be struck, 'so that those places who have given obedience to the said Act are greatly 'prejudiced, and their markets likely to be lost by such undue practices: II. For prevention whereof, 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 authority of the same, That every person or persons, who shall from and after the five and twentieth day of March next sell or buy any corn ground or unground, or salt, by the bag, or without measuring, being thereunto required, or in any other manner than as is by the said Act directed, and that without shaking the said bushel or measure by the buyer (1), shall forfeit and lose, beside the penalty of the former Act appointed (2), all corn, grain, or salt, bought or sold contrary to this Act or the value thereof, to the person or persons complaining.

No. XII. 22 and 23 Charles II.

c. 12.

22 Car. 2. c. 8. No corn or salt shall be bought by the bag without measuring.

III. ' And whereas a great cause of the mischief hereby intended to be ' prevented, doth arise by the selling in private places, and so avoiding, not only the intention of the said Act, but to the great damage of publick 'markets;' Be it further enacted, That upon complaint made to any one The proof to or more justices of the peace, that any kind of corn ground or unground, lie upon the or salt, hath been sold, or bought, or delivered, contrary to this Act, the defendant proof shall lie upon the defendant, to make it appear by the oaths of one when he or more credible witnesses, that he or they did sell or buy the same in every bought the respect according to this and the said former Act, wherein if such person corn. complained of shall fail, he or they shall forfeit and lose as is by this Act before directed, to be levied by distress and sale of his or their goods or Forfeiture. chattels, restoring the overplus, by warrant under the hand and seal of one

or more justices, before whom he or they shall be so convicted: Which How to be penalties by this Act appointed to be levied, shall by the said justice or jus- disposed of. tices be distributed, one half to the poor of the parish where such offence was committed, and the other half to the informer or prosecutor.

(1) In R. v. Major, 4 T. R. 750, a conviction was sustained for buying by a customary measure, different from that of the statute.Per Lord Kenyon:-" These acts are expressed in the most positive terms, and it was admitted that there was no subsequent law which directly repealed them. But several other statutes were referred to, directing returns of the average price of corn, and noticing in these returns a customary measure. These, it was argued, obliquely, though not directly, repealed the statutes of Charles II. We have considered the matter very fully, and are of opinion, that the argument does

not lead to that conclusion. We cannot get rid of those positive laws by a reference to subsequent statutes, which were passed for another purpose, and which leave the former ones still in force."

(2) The buyer is liable to the penalty of 40s., imposed by 22 Ch. II. c. 8. as well as to the forfeiture of the corn, or the value. The conviction may conclude against the statute in the singular number, the whole penalty being imposed on the buyer by this Act. An objection as to not setting out the quantity with sufficient certainty over-ruled; Ř. v. Arnold, 5 T. R. 353.

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No. XII.

22 and 23

Charles II.
c. 12.

Where there is
no clerk of the
market, then
what persons
are appointed
to seal the
measures.

This Act shall
not extend to
rent-corn or
tithe-corn.

No. XIII.

11 and 12

William III.
c. 15.

All retailers of
ale and beer to

sell the same
by standard
measure,

in vessels of
wood, earth,
&c. marked

according to
the standard.

IV. And whereas in all places where markets are holden, there is not a

' clerk of the market to scal all measures as by the former Act is directed :' Be it therefore further enacted, That in every such case it shall and may be lawful for the mayor, bailiffs or head officer, or other person or persons who hath the benefit of such market, and they and every of them are hereby authorized and required, to seal or cause to be sealed all measures duly gauged, that shall be brought unto them for that purpose; which sealing shall be as effectual in the law to all intents and purposes, as if such measure had been sealed by any clerk of the market, every such mayor, bailiff or head officer, taking no more for so doing than is by the said Act appointed.

V. Provided always, and be it further enacted by the authority aforesaid, That it shall and may be lawful for every person or persons, bodies politic or corporate, or any of them, to whom any salt, rent-corn or tithe-corn is reserved or due by any lease, grant, contract, custom or usage, to receive and take all such rent or other duties of salt and corn as is or shall be so reserved or due, or the just and full value thereof in ready money, according to the proportion and quantity, and by the like measures, and in such manner, as the same were due and paid before the beginning of this parliament; anything herein or in any other law or statute to the contrary in anywise notwithstanding.

[No. XIII.] 11 and 12 William III. c. 15.-An Act for the ascertaining the Measures for retailing Ale and Beer. WHEREAS by the laws and statutes of this realm all inn-keepers, ale

.

house-keepers, and victuallers, ought to utter and sell their ale and beer by the ale quart, according to the standard thereof, remaining in the custody of the chamberlains of his Majesty's exchequer; the neglecting 'the observance whereof, and selling and retailing their ale and beer in un' certain measures, much less than the said standard, is found to be of evil consequence in hindring the consumption of malted corn, and lessening his Majesty's revenues of excise, and a great wrong and prejudice to way'faring men, travellers, manufacturers, labourers and others, and also to such poor people whose necessities force them to buy ale and beer from them: For remedying whereof, May it please your most gracious 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 authority of the same, That from and after the four and twentieth day of June one thousand seven hundred, all inn-keepers, alehouse-keepers, sutlers, victuallers, and other retailers of ale or beer, and every person and persons keeping any public-house, and retailing and selling ale or beer in any city, town-corporate, borough, market-town, village, hamlet, parish, part, or place whatsoever, within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed, shall retail, utter, and sell their ale and beer, in and from their respective houses, by a full ale quart, or ale pint, according to the said standard, or in proportion thereunto, in a vessel made of wood, earth, glass, horn, leather, pewter, or of some other good and wholesome metal, made, sized, and equalled unto the said standard, and signed, stamped, or marked to be of the content of the said ale quart or ale pint, according to the said standard, either from the said exchequer, or from the city of London, or from some city, town-corporate, borough, or market town, where a standard ale quart or ale pint, made from the said standard, shall be kept for that purpose, and shall not retail and utter any ale or beer to any person or persons in any other vessel not signed and marked as aforesaid, on pain to forfeit a sum not exceeding forty shillings, nor less than ten shillings, for every such offence, to be recovered as herein after is provided.

Penalty on II. And be it further enacted by the authority aforesaid, That if any retailer selling inn-keeper, alehouse-keeper, victualler, sutler, or other retailer aforesaid, ale or beer in shall from and after the nine and twentieth day of September one thousand

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No. XIII.

11 and 12

William III.

c. 15.

seven hundred, retail, utter, or sell any ale or beer in any vessel not signed,
stamped or marked as aforesaid, to any traveller, or other person or per-
sons, or if in giving any account or reckoning in writing or otherwise, such
inn-keeper, alehouse-keeper, or other retailer as aforesaid, shall refuse or
deny to give in the particular number of quarts or pints of ale or beer, for
which demand is made in such account, it shall not be lawful for any such
inn-keeper, alehouse-keeper, or other retailer as aforesaid, for default of
payment of such reckoning, to detain any goods, or other thing or things marked.
belonging to the person or persons from whom such reckoning shall be due,
but shall be left to his action at law for the same; any custom or usage to
the contrary in anywise notwithstanding.

III. And for the better execution of this Act, and to the intent that
vessels containing the said ale quart and ale pint respectively, may be from
time to time sized and equalled according to the said standard, and signed,
stamped and marked as aforesaid, by the mayor or other chief officer of
each city, town-corporate, borough, and market town in England, Wales,
and town of Berwick upon Tweed, for all inn keepers, alehouse-keepers,
victuallers, and other retailers as aforesaid, procuring and desiring the same:
Be it further enacted by the authority aforesaid, That the sub-commis-
sioners or collectors of his Majesty's revenues of excise, within their re-
spective circuits or divisions, shall forthwith provide and procure a substan-
tial ale quart and ale pint, according to the standard of the measures
aforesaid remaining in the said exchequer, of brass, to be made, sealed and
certified from the said chamberlains of the said exchequer, without any fee
or reward, for the mayor or chief officer in each city, town-corporate,
borough, and market town within his said division, in which there is not
already a brass standard ale quart and ale pint, made and certified either
from the said exchequer, or from the lord mayor of the city of London, in
the custody or power of such mayor or chief officer, and shall, on or be-
fore the said four and twentieth day of June, cause the same to be de-
livered unto the mayor or other chief officer in every city, town-corpo-
rate, borough, and market town within his said division (which chief officer
is hereby required to give a receipt for the same; and the said standard
measures shall be delivered to every succeeding officer,) in which there is not
already such brass standard ale quart and ale pint as aforesaid, to be by
them respectively safely kept for the purposes aforesaid; on pain that each
sub-commissioner or collector, for every default herein, shall forfeit the
sum of five pounds, to be recovered as aforesaid.

IV. And it is hereby further enacted and declared by the authority aforesaid, That it shall and may be lawful to and for the said sub-commissioners or collectors of excise respectively, to deduct and detain their respective reasonable charges and expences in the procuring, providing and delivering of such brass ale quarts and ale pints to each mayor or other chief officer within his said division as aforesaid, and to insert the same in his next account to be made or given to the commissioners of his Majesty's revenues of excise, who are hereby authorized and directed to allow of the same accordingly.

vessels not

V. And be it further enacted by the authority aforesaid, That every mayor or chief officer of each city, town-corporate, borough or market town for the time being, from and after the said four and twentieth day of June, shall from time to time, on request to him or them respectively made, cause or procure all such ale quarts and ale pints made of wood, earth, glass, horn, leather, pewter, or other good and wholesome metal, as shall be brought to him or them respectively, to be measured, compared, sized and equalled with such standard ale quart and ale pint in their custodies; and shall then cause the same, and every of them, to be plainly and apparently signed, stamped, and marked with W. R. and a crown, testifying that such ale quarts and ale pints respectively have been so measured, compared, sized, and equalled with such their standard as aforesaid; which stamps or marks the said mayor or chief officer are hereby respectively required to provide, and for which their stamping or marking they shall not demand or receive above one farthing for each measure; and in case any such mayor, or other chief officer, as aforesaid, shall neglect or refuse to perform

Collectors of

the excise to provide ale quarts, and ale

pints of brass standard measure, for the mayor, &c. of each city, &c. in their division, where no such is already,

&c.

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No. XIII. 11 and 12 William III. c. 15.

'The univer

sity privileges
are provided
for by 12 & 13
W.3. c. 11.
§19.'

How forfei

tures shall be
divided.

Act not to sub-
ject retailers
to penalty for
drink sold out
of their houses,

so it be mea-
sured by the
standard.

Action to be
laid in the pro-
per county.

and execute his duty herein, according to the true intent and meaning of this Act, he shall forfeit the sum of five pounds, to be recovered as aforesaid, and shall also render to the party thereby grieved his treble damages, together with costs of suit, to be sued for and recovered in any of his Majesty's Courts of Record, in which suit there shall be no protection, wager of law, or other delay, other than one imparlance.

VI. And be it further enacted by the authority aforesaid, That all pe ties and forfeitures by this Act imposed or inflicted shall be divided, one half part thereof to the use of the poor of the parish where such forfe. ture shall be made or committed, and the other part to him or them tha shall prosecute or sue for the same, to be recovered by the oath of one v. more credible witness, made before one or more justice or justices of peace of the county, city, or place where such offence shall be committ who are hereby required and impowered to administer an oath to that pose, such person being prosecuted for such offence within thirty days. after such offence committed; and the said justice or justices are he respectively authorized to hear and determine the same, and to cause penalty to be levied (by warrant under his or their hands and seals) up. the goods and chattels of the offender, rendering to the party the overplu if any shall be, deducting thereout the reasonable charges.

VII. Provided always, and be it further enacted by the authority afo said, That nothing in this Act contained shall extend or be construed 1 extend to subject any person or persons to the penalties in this Act con tained, or any of them, so as all such beer or ale as shall be retailed, uttered, or sold by such person or persons, to be sent out of the hous of such person or persons, be measured out by the standard, according to the true intent and meaning of this Act, although such drink be carried away in any other vessel, or of any other quantity or quality than the ale quart before mentioned.

VIII. Provided always, and be it further enacted by the authority aforesaid, That if any action or suit shall be brought and prosecuted by any person or persons against any justice of the peace, or other person or persons employed by them, or any of them in the execution of this Act, for any matter, clause, or thing by them, or either of them done, committed, or executed, by virtue or reason of this Act, or any clause or article therein contained, that then, and in every such case, the action shall be laid in the proper county, where the fact was done and committed, and not elseGeneral issue, where; and the defendant or defendants may plead the general issue, and give this Act and the special matter in evidence at the trial, that the same was done in pursuance and by authority of this Act; and if upon such action or actions a verdict be given for the defendant or defendants, or the plaintiff become nonsuit, or discontinue his action, then the defendant or defendants shall have treble costs, which he or they shall sustain, or be put unto, by reason of his or their wrongful vexation in defence of the said action or suit.

Treble costs.

Justices at the Sessions to give this Act in charge.

Act not to ex-
tend to col-

leges, &c.

IX. And be it further enacted by the authority aforesaid, That the justices of the peace within the several counties and cities of this kingdom are hereby required, at their respective general quarter-sessions, to give the matters contained in this Act in charge to the grand juries of the respective counties and cities within this kingdom.

X. Provided, and it is hereby declared and enacted, That nothing in this Act contained shall extend or be construed to extend to any colleges or halls in either of the universities of this kingdom; any thing in this Act contained to the contrary in anywise notwithstanding.

[No. XIV.] 1 Anne, st. 1. c. 15.-An Act to ascertain the Water Measure of Fruit.

[No. XV.] 35 George III. c. 102.-An Act for the more

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