Page:Ruffhead - The Statutes at Large - vol 5.djvu/82

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42 C. 15. Anno pfimo Georgii Regis. Stat. 2. A. D. 171 4; Clothier iiot iia- Bladwell-Hall, as aforefaid, to contain- a lefs or fmaller Content in Length or Breadth than is contained bie to any Pe- or f pec ified in every the Seal or Seals of the Mafter, Owner, Occupier or Millman of the Fulling-Mill or Meilure " Fulling-Mills, then the faid Buyer or his Agent fhall be obliged to accept of the faid Cloths, and pay no more than for the true Contents thereof afcertained and fettled by the faid Meafurement, as aforefaid, and the Clothier, Owner or Seller, fhall not be fubject to any Penalty for fuch fhort Meafure; any Law, Cuflom or Ufage to the contrary notwithftanding. Offences to be VII. And be it further enacted by the Authority aforefaid, That all Offences againft this Act fhall be | ei S™ ine f h J heard and determined by one or more Juftice or Juftices of the Peace of the County, City, Town or Place Pciic" S ° ' e wnere the fame fhall be difcovered, or where fuch Offender doth inhabit, fuch Juftice or Juftices being not concerned in the Matter of the faid Complaint, upon the Oath of one or more credible Witnefs or Wit- neffes, which Oath fuch Juftice or Juftices of the Peace is and are hereby impowered and required to ad- How the For- minifter : And that all and every the faid Penalties and Forfeitures, which fhall happen by virtue of this feharfs ftaii Act, fhall be diftributed and paid, after the Charges of fuch Conviction being firft deducted, if in London, fce difpofcd. tQ the Ufe and Benefit of Chrj/Ps-Hojpital, if in any other Place, to the Ufe of the Poor of the Parifh, Townfhip or Place where the Offence fhall be difcovered; and in cafe any Offender fhall neglect or refufe to pay any fuch Penalties and Forfeitures, being lawfully demanded, by the Space of thirty Days next after the Conviction for fuch Offence, as aforefaid, or in cafe the Owner, Mafter, Occupier or Millman, To be levied by fhall refufe or neglect to repay the Forfeiture for want of fufficient Length or Breadth of Admeafurement, C f iMo-n " fe;ls a f° re f a '4> that then (and not before) it fhall and may be lawful for the Juftice or Juftices of the Peace, " eua t0 before whom fuch Conviction was made, or where fuch Owner, Mafter, Occupier or Millman doth in- habit, and fuch Juftice or Juftices is and are hereby required to iffue out one or more Warrant or War- rants, under his or their Hands and Seals, to the Conftable or Conftabies of the Parifh, Town or Place where fuch Offender fhall inhabit or can be found, to levy the fame by Diftrefs and Sale of the Offender's Goods, returning the Overplus (if any be) to the Owner, and where no fufficient Diftrefs can be found,, to commit the Offender to the common Gaol, or Houfe of Correction for the County or Place where fuch - Offender fhall be found, there to be kept to hard Labour for and during the Space of three Calendar Months. Profecution in VIII. Provided always, That ail Offences committed againft this Act, faying; in the cafe of the Owner,. 40 Days. Mafter, Occupier or Millman, upon Refufal or Neglect of Repayment of the Forfeitures for want of fuf- ficient Length or Breadth in Admeafurement, as aforefaid, fhall be profecuted within forty Days after the Offences are committed or difcovered. Perfons fued may IX. And be it further enacted by the Authority aforefaid, That if any Action or Suit fhall hereafter Be plead the Gene- commenced or profecuted againft any Perfon or Perfons, by this Act authorized to put the fame in Exe- "V<h"n t' C ' cution, all and every Perfon or Perfons fo fued or profecuted, may plead the General Iffue, and give this, treble Cofts.° Ver -A-^; ant * the fpecial Matter in Evidence; and if the Plaintiff fhall be nonfuited, or forbear further Profe- cution, or fuffer Difcontinuance, or a Verdict to pafs againft him, or Judgment upon Demurrer, the Defendant or Defendants fhall recover his or their treble Cofts, for which he and they fhall have like To be deemed Remedy as in Cafes wherein Cofts by Law are given to Defendants; and this Act fhall be taken and a publick aq, a ii owec ] a publick Act in all Courts within this Kingdom; and all Judges and Juftices of the Peace are hereby required to take Notice thereof as fuch, without fpecial pleading the fame. Perfonsaggrieved X. Provided always, That if any Perfon or Perfons find him or themfelves aggrieved by any Order or' ty the juftices Warrant made by any Juftice or Juftices, upon any fuch Conviction before him or them, as aforefaid, ^auVthe Srf- ^ uc ^ ^ er ^ on or Perfons may appeal to the next General Quarter-Seffions of the Peace to be held for the fions °*hofeDe- bounty, Riding or Corporation, where fuch Conviction fhall be made, giving fufficient Notice of fuch termination (hall Appeal; and the Determination of fuch Juftices in fuch Seffions fhall be final, and the faid Juftices fhall he final; and allow fuch Cofts and Charges to the Party aggrieved, as they fhall think reafonable, to be levied and paid they fhall allow m f uc ' n Manner as is ufual in other Cafes of Appeals from the Orders of any Juftice or Tuftices of the Peace t-oits to the *.„,u~/~*..o/i- Party aggrieved. t0 T che Quarter-Seffions. This A£t /hall ' XI. Provided, That nothing herein contained, or any the Penalties or Forfeitures which by means of not affect any this Act may be incurred, fhall extend or be conftrued to extend to affect any Factor or his Agent, who Faflor. fhall De on iy imployed in the Sale of mixt or medley Broad-Cloth. clothiers, &c. XII. And be it further enacted by the Authority aforefaid, That from and after the twenty-ninth Day t^-^ • °^ September one thoufand feven hundred and fifteen, every Clothier, Cloth-worker, Cord-maker,, or any Money, on 'For- other Perfon concerned in the Trade of the Woollen Manufacture, fhall make Payment in Money to all feiture b£4,Q s. and every Perfon and Perfons any ways imployed or concerned in the faid Woollen Manufacture,, for all Work to be done in relation thereunto, and fhall not in lieu of Payment in Money, impofe upon or de- liver to them, any or either of them, any Sort of Goods or Wares whatfoever for fuch Work; and in cafe any Perfon or Perfons fhall in lieu of Payment in Money, fo impofe upon or deliver unto any Workmen or poor Labourers, any Goods or Wares whatfoever for, in lieu of, or inftead of Money, every Perfon or Perfons fo offending fhall for every fuch Offence forfeit the Sum of forty Shillings, to be recovered and diftributed in fuch Manner as in and by this Act is directed. U-off. 3. • «. 9.' c of the Cloth fhall neglect to fue for any of the Penalties and Forfeitures he fhall be entitled to by Virtue ' of the faid Act, by the Space of fix Months next after the Offence committed, then it fhall and may be None but the O'.vner of the Cloth unfatislkd

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. .nay „. lav/M tof any other Perfon to fue for and recover, the fame; and one Moiety thereof fhall be to. the Ufe