Page:Ruffhead - The Statutes at Large - vol 6.djvu/493

A. D. 1741. Anno dccimo quarto Georgii II. C. 35. 427 Mill-man and Searcher fo marked and imprefled ; for which Seals fo to be fixed, there mail be paid by the Owner of fuch Cloth to fuch Mill-man the refpectivc Sums following; videlicet, For the Seals Prfe*»f fixmj or every whole or long Cloth, the Sum of four Pence; and for the Seals of every End or Half Cloth, tllt:ilil1 *- the Sum of two Pence ; three fourth Parts whereof (hall be accounted for and paid by fuch Mill-man to the Treafurer of the faid Weft Riding for the time being, to be applied for fuch Purpofes as are herein after directed, and the other fourth Part thereof to fuch Fuller or Mill-man, to and for his own Ule and Benefit ; and that no other Duty (liall be paid for meafuring or ftamping of Cloth by virtue of this or the faid former Acts, or either of them. VII. And it is hereby further enacted, That the Length and Number of Yards fo ftamped on fuch The Stam| Seals as aforefaid (hall be the Rule of Payment for fuch Cloth by the Buyer of the fame. th* L^'th*/** VIII. Provided always, a'nd it is hereby enacted and declared, That in cafe any Long or Whole the Cloth' ° Cloth, or End or Half Cloth, after it is fully milled, and (hill have lain four Hours as aforefaid, (hall penalty for th-. be under the Breadth of one Yard thirteen Inches and half, for above one fifth Part of the Length there- Cloth I ring of, then, and in fuch Cafe, upon Information thereof made before one or more Juftice or Juftices of the «■>*«»*» W Peace (fuch Juftice or Juftices not being Traders or Dealers in the Woollen Manufacture, or Owners, Farmers or Occupiers of any Fulling-mill) and upon Proof thereof upon Oath by one or more credible Witnefs or WitnefTes, the Maker or Owner of fuch Cloth (hall forfeit and pay for every fuch Defect in Breadth in fuch Whole Cloth or End, the feveral Penalties herein after mentioned ; that is to fay, For the firft Inch fuch Cloth (hall be under the Breadth of one Yard thirteen Inches and half, the Sum of two Shillings and fix Pence ; for the fecond Inch, the Sum of five Shillings ; and for every other Inch fuch Cloth (hall be under the Breadth aforefaid, the Sum of fifteen Shillings ; the faid Penalties, after deducting thereout the Cofts and Charges that the faid Informer (hall fultain and be put unto in fuch Profecution and Conviction, (hall be paid and applied as follows; videlicet, One Moiety there- of to the informer, and the other Moiety to the Treafurer of the faid Weft Riding, and (hall be reco- vered and levied in fuch Manner, as the other Penalties are to be recovered and levied by virtue of this •Act. IX. Provided always, That no Clothier, or Maker of Woollen Broad Cloth, fhall, after the faid firft No other Penal- Day of May, forfeit or incur, or be liable to, any Penalty for making Cloth under the Breadth herein ^'the^efore before defcribed and directed, other than the Penalties inflicted and directed to be levied by this prefent mentioned. Act in the Cafe herein before mentioned; any former Law or Statute to the contrary notwithftanding. X. Provided, That if it fhall happen, that after any Cloth fhall have been milled, fealed and ftamped Cloths being d«- as aforefaid, any Part thereof (hall by any Accident be damaged and taken off, fuch Part thereof as lhall m *z ed ^(?'?w r " not be damaged fhall be again meafured, fealed and ftamped by a Searcher to be fent for for that Purpofe, meafu'red :ma •who lhall affix a new Seal to the faid Cloth in Manner herein before directed, which Seal fhall then be a fealed again. Rule of Payment for fuch Cloth. XI. And it is hereby further enacted by the Authority aforefaid, That if the Owner of any fuch Cloth Penalty on (hall, when the Cloth (hall be brought Home from the Fulling-mill, and upon his meafuring the fame, Frauds commit- find fuch Cloth to be of lefs Length, or of lefs Breadth for above one fifth Part of the Length thereof, .[gr and Searcher, than the fame is by fuch Stamps or Seals denoted or exprefted to contain, and (hall, before the fame has been expofed to Sale, make Oath thereof before one or more Juftice or Juftices of the Peace as afore- faid ; and (hall alfo at the fame Time make Oath, that the faid Admeafurement was made by him, before the faid Cloth had been above four Hours in his Cuftody at Home, and of the true Length and Breadth he found the fame to be upon fuch his Admeafurement ; then, and in fuch Cafe, the Fuller or Mill- man, and Searcher, who meafured and ftamped the Cloth fo complained of being convicted by fuch Oath of the Clothier as aforefaid, (hall, for every fuch Offence, jointly forfeit and pay the refpective Pe- nalties and Sums following ; that is to fay, For the firft Inch in Breadth, or half a Yard in Length, that fuch Cloth lhall fall fhort of the Meafure ftamped and marked on the fame, the Sum of five Shillings $ and for every other Inch in Breadth, or half-yard in Length, fo over-ftamped. the Sum of ten Shillings ; the laid Penalties, after deducting thereout the Cofts and Charges of fuch Profecution and Conviction, to be paid and applied as follows ; videlicet, One Moiety to the Informer, and the other Moiety to the 'Treafurer of the faid Weft Riding, for the Purpofes herein after mentioned. XII. And it is hereby enacted and declared, That it fhall and may be lawful to and for the faid Trea- Treafurei to fjrer to deduct and retain the Sums of Money to be forfeited by the Meafurers and Searchers refpectively, de ' lucl ,he p £- out of the'yearly Salaries of fuch Meafurers and Searchers respectively, as fuch Salaries refpectively (hall the Salaries of become due and payable. the Searchers, XIII. And it is hereby further enacted and declared, That the feveral Juftices of the Peace before &c - whom any Conviction (hall be made by virtue of this Act, as alio the feveral Meafurers and Searchers fo Juices ™<l to be appointed, fhall, and they are hereby required, four Times in every Year at the leaft, to return gfve Account to 'and tranfmit to the Treafurer of the faid Weft Riding for the time being, a true and perfect Account the Treafurer in Writing of all the Convictions to be made purfuant to this Act, or either of the former Acts', 4 Times a Year that fhall happen within their Knowledge, and of all the Penalties and Forfeitures inflicted or levied ° iol j s _ 0I- by Means or on Account thereof, which by virtue of this Act, or either of the faid former Acts, are made payable to the faid Treafurer for the Time being, to the Intent he may take Order for the Receipt and Payment of the faid Penalties and Forfeitures, according to the Tenor and true Meaning, and for the Purpofes of this Act. • XIV. Provided always, That no Mill-man or Searcher (hall, after the fe : d firft Day of May, forfeit or Paovifo. incur, or be liable to, any Penalty, for falfly or fraudulently meafuring, fealing or (tamping any Cloth, other than the Penalties by this prefent Act in the Cafe herein before mentioned; any former Law or Sta- tute to the contrary notwithftanding, I i i a XV. And