of wool. 14 Ed. 3. st. 1. C. 12. Water measure on ship board. Authority, as well by Examination as by Inquiry, to hear and determine the Defaults of the said Mayors, Bailiffs, or other Head Officers in that behalf, and also of all Buyers and Sellers doing contrary hereto, and to set Fine and Amerciament upon the Offenders by their Discretion, and the said Weights and The measure of Measures so found defective to be forfeited and burnt; be it also corn and weight enacted, that there be but only viij. Bushels rated and stricken to the Quarter of Corn, and xiv. li. to the Stone of Wool, and xvj. Stone to the Sack; be it also ordained, that the Justices of Peace aforesaid have Authority to make like Process against all persons found as is above said defective, and for such Fines and Amerciaments as upon them shall be assessed, as if they were indicted afore them for breaking of the King's Peace; and where by other Statutes and Ordinances afore limited it is ordained, that every City, Borough, and Town that hath a Constable, should have common Weights and Measures sealed, upon Penalties in the same limited, that those Penalties in that Behalf extend not to any Town which is no City, Burgh, or Market Town: prcvided alway, that this Act shall not extend nor be prejudicial to any person selling or buying by Water Measure within the Shipboard; and that the Premisses, or any other Ordinance afore made notwithstanding, that the said Water Measure within the Ship-board shall only contain Five Pecks, after the said Standard rated and stricken: provided also, that the Examination of Defaults aforesaid, and Punishment to the Offenders of every Offence committed hereafter within any of the said Five Ports, shall be had, done, and administred by the Lord Warden of the said Five Ports, or by his Lieutenant of the same for the time being, and none other, the Premisses notwithstanding: provided also, that this Act extend not, nor be in no wise hurtful or prejudicial to the Prince within the Duchy of Cornwall, for any Weights appertaining and belonging to the Coinage of Tin within the Counties of Cornwall and Devonshire, but that all such Weights be used, ordered, demeaned, and corrected, as it hath been used and accustomed before this Time, the same Act and Ordinance notwithstanding. 11 H. 7. c. 4. (But see post. 12 H. 7. c. 5. & 16 Car. 1. c. 19. s. 2.) Offences in the shall be heard by Weights for coinage of tin in Devon and Cornwall. The Names of Towns limited for the safe Custody of Weights and Measures for the Shires following: and measures ordained; A recital that the Weights and Measures under Stat. 11 H. 7. New weights c. 4. were found defective and not according to the old Laws; it is enacted, that the measure of a bushel contain viij. Gallons of Wheat, and that every Gallon contain viij. li. of Wheat of Troy all others shall be destroyed. There shall be but one weight, measure, and yard. Weight, and every Pound contain xij. Ounces of Troy Weight, and every Ounce xx. Sterlings, and every Sterling be of the Weight of xxxij. Corns of Wheat that grew in the midst of the ear of Wheat, according to the old Laws of this Land; and that it pleaseth the King to make a Standard of a Bushel and a Gallon after the said Assize, to remain in his Treasury for ever: and that every City, Borough, and Town which have or should have had by reason of the Statute of [11 H. 7. c. 4.] any of the New Bushels or Gallons, convey into every of the same City, &c. a Bushel and a Gallon newly to be made, there to remain ; and all other Bushels, Gallons, and Measures, made after the form of this Act, be marked and ordered as directed by 11 H. 7. and that Act to stand in full strength with his Penalties upon the said Bushels and Gallons new to be made as it should have done upon the said new Bushels and Gallons made before the making of this present Act, if this Act had not been made: all old Bushels and Gallons of Brass to be damned and broken, upon pain of xx. li. upon every City, &c. having or keeping any other not broken or damned than is ordained to be made by this Act. 12 H. 7. c. 5. From henceforth there shall be but one Weight, one Measure, and one Yard, according to the Standard of the Exchequer throughout all the Realm, as well in places privileged as without; and that every Measure of Corn shall be striked without heap, on Penalty of 5s. on persons selling or buying by, or keeping any other Weight, Measure, or Yard; to be recovered before one Justice of Peace. 16 Car. 1. c. 19. s. 2. The Statutes 35 G. 3. c. 102. § 1, 2. enabled Justices of the Peace in their Quarter Sessions to appoint one or more person or persons to examine Weights and Balances, with a Power to enter Shops, &c. and to seize defective and false Weights and Balances, and to destroy the same; and imposed a Penalty on persons having in their possession such defective and false Weights and Balances. The Statutes 37 G. 3. c. 143. (to explain and amend the former Act), recites § 1 & 2 of 35 G. 3. c. 102. and that the said Act might be more conveniently executed, if some of the powers thereof were vested in the Justices of the Peace at their several and respective Petty Sessions; and that "it is expedient that certain other alterations should be made in the said Act:" and then enacts that, from and after the tenth day of July 1797, so much of the said recited Act as requires the Justices, at the Quarsions to appoint ter Sessions of the Peace, to appoint persons to examine the So much of recited act as re quires the justices at quarter ses amine weights, petty sessions may appoint such examiners. Weights and Balances within their respective Counties, Ridings, persons to exLiberties, and Divisions, and which authorizes the persons so ap- &c. repealed, and pointed to search for and examine all Weights and Balances, and justices at their to seize and destroy false or unequal Weights or Balances, and imposes a Penalty on the persons in whose possession the same shall be found, shall be and is hereby repealed; and that it shall and may be lawful to and for the Justices of the Peace, at their respective Petty Sessions, within the Divisions, Districts, and other places of the several Counties in England and Wales, to appoint one or more person or persons, who shall have power to examine the Weights and Balances within such Divisions, Districts, and other places respectively. Penalty for obstructing inspectors, or refusing to produce weights, If any person shall wilfully obstruct, hinder, resist, or in anywise oppose, any of the persons hereby authorized and empowered to view and examine such Weights and. Balances in the execution of his Office, or if any person selling or retailing &c. by Weight shall refuse to produce his or her Weights and Balances in order to be viewed and examined, he or she who shall so offend shall, for every such offence, on being duly convicted on Oath before any one or more Justices of the Peace, forfeit and pay any sum not exceeding Forty Shillings, nor less than Five Shillings, as the Justice or Justices before whom any such offender shall be convicted shall adjudge; and such Forfeiture or Penalty shall be levied and applied as herein-before directed. 35 G. 3. c. 102. s. 3. to allow a recom pence to the in the county rate. It shall and may be lawful to and for the Justices at their said Quarter sessions Quarter Sessions to allow to such person or persons, who shall be appointed to examine Weights and Balances under this Act, spectors out of a reasonable Recompence or Satisfaction for their trouble in the execution of the said Office, such Recompence or Satisfaction to be paid to such person or persons out of the General County Rate. s. 4. Provided always, that any person or persons convicted of an offence under this Act, and who shall suffer for the same under this Act, shall not be otherwise punished for such offence by virtue of any other Law or Statute of this Realm. s. 5. Provided also, that this Act, or any thing herein contained, shall not extend or be construed to extend, to lessen or prevent the Authority which any person or persons, Bodies Politick or Corporate, or any person appointed at any Court Leet for any Hundred or Manor, may have or possess for the examining, regulating, seizing, breaking, or destroying any Weights or Persons punished under this act not to suffer by any other. Act not to lessen the authority of persons appointed at court leets. Justices to cause standard weights to be purchased rate, which shall out of the county be produced to persons paying the costs of production. No person to be information be Balances within their respective Jurisdictions, but that he, she, and they shall and may have and possess the same Power and Authority therein as if this Act had not been made. s. 6. And for the more effectually carrying this Act into execution, be it further enacted by the Authority aforesaid, that it shall and may be lawful to and for the said Justices, and they are hereby empowered and required, as soon after the passing of this Act as may be convenient, to purchase or cause to be purchased, for the use of their respective Counties, Ridings, or Divisions, out of the general County Rate, proper Weights, according to the Standard in the Exchequer; which shall be deposited for the inspection of all persons, either with the respective Clerks of the Peace, or with some proper person, in such safe and convenient place or places, within their respective Counties, Ridings, or Divisions, as the said Justices shall direct; and shall be produced by the person or persons in whose Custody the same shall be lodged (upon reasonable notice) at such time and place as any person or persons shall, by writing under their respective Hands, require and appoint; the person or persons so requiring the production of the said Weights paying the reasonable Costs and Charges of producing the same. s. 7. Provided also, that no person or persons shall be prosecuted prosecuted unless for any Offence against this Act, unless information thereof, upon Oath, shall have been given to some Justice of the Peace within one Month after the Offence committed. s. 8. given within a month. Public act. Examiners, when directed by the justices, to visit shops, &c. and seize false weights, &c. By s. 9. the Act is declared to be a public Act, and shall be judicially taken notice of as such by all Judges, Justices, or other persons, without specially pleading the same. It shall and may be lawful to and for the person or persons so to be appointed as aforesaid, and they are hereby required (having first been sworn duly and faithfully to execute the Office in him or them reposed by virtue of such Appointment, and of this Act (which Oath such Justices are hereby authorized and empowered to administer), as often as the said Justices shall direct, in the day-time to enter into the Shop, Mill, House, Outhouses, and other Premises near to such Shop, Mill, or House, and into the Stall or Standing Place of any person or persons who sell by Retail and Weight any Wares, Provisions, Goods, or Chattels whatsoever, and then and there to search, for, view, and examine all Weights and Balances in such Shop, Mill, House, Outhouses, Premises, Stall, or Standing Place, and to seize any Weight or Weights, not being according to the |
