Page:Ruffhead - The Statutes at Large - vol 5.djvu/81

This page needs to be proofread.

A. D. 1714. Anno primo Georgii Regis. Stat. 2. C. 15. 41 due Regiftcr or Entry of the Marks, Sort, Number, Length and Breadth of every fuch Cloth, or V any Perfon or Perfons fhall afterwards take oft" fuch Seal, or deface, counterfeit or alter the fame, or add an d Perfon- t«. any other Seal before the Cloth is fold, except the Millman who milled the faid Cloth, or fome other king eft', or al- fworn Millman, who is in that Cafe alfo to reenter the fame, in Manner aforcfaid, every Perfon or Perfons tcrlr 'E> &c - fu '- h fo oftendino-, being thereof lawfully convicted upon the Oath of one or more credible Witncf; or Wit- c ' ntfl'es, fliall for every fuch Neglect or Offence forfeit the Sum_ of twenty Pounds, to be recovered and^u f c if c :t aol. diftributed as is afterwards provided for by this Act, which Forfeitures fliall be taken and accepted in Dif- charo-e of the Forfeiture of twenty Shillings a Cloth that may be incurred by fuch M;:fter, Owner, Occu- pier or Millman, by virtue of the faid recited Act, in cafe of fuch Neglect or Refufal of fixing or taking oft" fuch Seal, or defacing, counterfeiting or altering the Figures thereof; any Thing herein contained, or anv Law, Cuftom or Ufage to the contrary notwithiranding, ' III. A. • ' Broad-Cl of September Cofts and Ch faid Hall, on< added one Inch, which fhall be ufed inftead of that called the Thumb's Breadth, fo that each Yard (hall confift of thirty-feven Inches, and fhall be diftinguifhed by a Nail, or other proper Mark along the faid Table or Board, and three Foot wide at leaft, whereon the faid Cloth fliall be doubled or creffbd, and laid plain the full Length, to prevent any Difpute in refpect of fuch Admeafuremcnt by the Yard, where the faid Admeafurement of any mixt or medley Broad-Cloth (if in London) by and upon the faid Table lo to be placed there, fliall be made and determined, as aforefaid, and the faid Cloth fhall, at the Re- queft of the Seller, or his Agent, be there put into Water, into proper Cifterns to be provided for that Purpofe before fuch Admeafurement fliall be made. ' IV. And to prevent all undue Convictions by Surprife, or otherwife ;' Be it further enacted by the The Buyer to Authority aforefaid, That the Buyer of mixt or medley Broad-Cloths, by himfelf, his Agent or Servant, give Notice to within fix Days after Delivery thereof to the Buyer, fliall give two Days Notice to the Seller or his Factor, the Seller, when of the Time when fuch Cloth is, for Proof thereof, to be wetted and tried by the Water, unlefs it be by ^ e v ^|j la t0 the Confent of the Buyer and Seller, or their refpective Agents, fignified in Writing, in which Cafe, lefs Notice fliall be fufficient; and in cafe the Seller, or his Factor or Agent, doth not appoint an indifferent Perfon, as aforefaid, or doth refufe or neglect to attend the Admeafurement of the faid Cloth, which And if the Set- fhall be made fome Time within the Space of eight Days after Delivery, as aforefaid, then the Buyer ler do "orat- or his Agent, may proceed in the Abfence of the faid Seller or his Agent, to prove the faid Cloth by tlie^" d ' •^ c f d u |[" Water at Blachvell-Hall; and then the faid Keeper of Bhckivell-Hall fhall proceed to take the Meafure "^./^"cioth, thereof on the Table, as aforefaid, and finally to adjudge and afcertain the true Meafure and Contents of and the Keeper' Certificate or Certificates fuch Clerk of the Peace is hereby required to file among the Records of fuch of the true County or Place, and for fo doing fliall receive only one Shilling; and fuch Certificate or Certificates be- Meafure j ino- fo filed, as aforefaid, fhall be the Rule of Payment to the Buyer, and fliall be deemed, adjudged and taken to be a fufficient Conviction of the Party or Parties offending, fo as to make him, her or them forfeit which fhall be ' and pay, as aforefaid; and an attefted Copy of fuch Certificate or Certificates, fuch Clerk of the Peace, a Convi&ion of or his Deputy, is hereby obliged to give to any Perfon or Perfons demanding the fame, for which he f.'^w' 1 '° ' fhall receive one Shilling, and no more; which attefted Copy, as. aforefaid, fliall be, and is hereby de- clared to be a fufficient Authority to enable the Clothier, Owner or Seller of any mixt or medley Broad- Cloth, to demand of the Mafter, Owner or Occupier, or Millman, the Forfeitures deducted out of the Price of any the Cloths aforefaid, for want of Length or Breadth, contained in the Seal or Seals as aforefaid ; and upon Refufal of Payment, the faid Mafter, Owner, Occupier or Millman, fliall be fub- ject to the Penalties and Forfeitures, as afterwards is herein provided for by this Act. V. And be it further enacted and declared by the Authority aforefaid, That all mixt or medley Broad- All Broad- Cloths which fhall be expofed to Sale in England (other than Cloth made before, the. Commencement of Cloths ftall be this Act) fliall be ftamped with the Watch-Meafure_thereof on the Seal of the Mafter, Owner, Occupier fh^watch- or Millman of the Fulling-Mill, by whom the faid Cloth was wetted, fulled and milled ; and every Meafure. Clothier felling or putting to Sale any of the faid Broad-Cloth, before fuch Time as all and every of Cloth. ers felling the fame Cloths fliall be fealed and ftamped, as aforefaid, on which Seal fliall be fpecified the Name of the before fealed-and faid Mafter, Owner, Occupier or Millman of the Fulling-Mill, together with the Contents of the faid £™^Vi«b/ Cloth in Length and Breadth, and marked with the diftinguifhing Mark of a Crown, which faid Mark Pir4of ^e fliall be ftamped on the Rivet of the faid Seal, fliall forfeit and pay the fixth Part of the faid Cloth, Cloth. to be levied, paid and difpofed of, as is afterwards herein provided for by this Act, and to no other Ufe, Intent or Purpofe whatfoever ; any Law, Cuftom or Ufage to the contrary thereof in any wife r.otwithftanding. VI. Provided alfo, and be it further enacted and declared by the Authority aforefaid, That all mixt or The Buyer to medley Broad-Cloths, made or to be made before the Commencement of this Act, may, for Proof pay no more for thereof, be wetted and tried by Water at the Requeft of the Buyer, as aforefaid; and if the fame cloth f made be - Ihall be found upon^the .Proof thereof, by any two indifferent Perfons to be chofen, one by the Buyer, (£"„£* ^ and another by the Seller, or by the third Perfon by them to be chofen, or by the faid Keeper of content's there- VoL. V. G Blackwell- of ; and the