of a statute made in the twenty-second year of King Edward the Fourth, as re- 5 Geo. 4, c. 74. lates to the packing of barrelled fish, or as is intituled, 'An Act for packing 22 Edw. 4, c. 2. of Barrelled Fish;' and also the whole of an act made in the first year of the 1 Rich. 3, c. 13. reign of King Richard the Third, intituled, 'An Act to ascertain the Contents of Vessels of Wine and Oil,' or 'An Act for the Contents of a But of Malmsey;' and also an act made in the seventh year of the reign of King Henry the Se- 7 Hen. 7, c. 4. venth, intituled, An Act for Weights and Measures;' and also another act made in the same seventh year of the reign of King Henry the Seventh, intituled, Id. c. 8. 'An Act to pay Custom for every But of Malmsey;' and also an act made in the eleventh year of the reign of King Henry the Seventh, intituled, ‘An Act 11 Hen. 7, c. 4. for Weights and Measures;' and also an act made in the twelfth year of the 12 Hen. 7, c. 5. reign of King Henry the Seventh, intituled, 'An Act for Weights and Mea sures;' and also an act made in the twenty-third year of the reign of King 23 Hen. 8, c. 4. Henry the Eighth, intituled, 'An Act that no Brewers of Beer or Ale shall make their Barrels, Kilderkins, or Firkins within them, and how much the same Barrels, &c. shall contain;' and also an act made in the twenty-fourth year 24 Hen. 8, c. 6. of the reign of King Henry the Eighth, intituled, 'An Act concerning the Sale of Wines;' and also an act made (in the Parliament of Ireland) in the twelfth 12 Eliz. (1.) year of the reign of Queen Elizabeth, intituled, ‘An Act for the establishing the Standard of Measures for Corn within certain Shires of this Realm;' and also so much of an act made in the thirteenth year of the reign of Queen Elizabeth, 13 Eliz. c. 11, in intituled, 'An Act for the Maintenance of the Navigation,' as relates to the as part. size of herring barrels; and also so much of an act made in the twenty-third 23 Eliz, c. 8, in year of the reign of Queen Elizabeth, intituled, 'An Act touching the true Melt- part. ing, Making, and Working of Wax,' as relates to the barrel, kilderkin, or fir kin of honey; and also the whole of an act, made in the forty-third year of 43 Eliz. c. 14. Queen Elizabeth, intituled An Act concerning the Assize of Fuel;' and also an act made in the sixteenth year of the reign of King Charles the First, inti- 16 Car. 1, c. 19. tuled, 'An Act for the better ordering and regulating of the Office of Clerk of the Market, allowed and confirmed by this Statute; and for the Reformation of false Weights and Measures;' and also so much of an act made in the twelfth year of the reign of King Charles the Second, intituled, 'A Grant of 12 Car. 2, c. 23, certain Impositions upon Beer, Ale, and other Liquors, for the Increase of His in part. Majesty's Revenue during his Life,' as relates to the contents of the barrel of 1 c. 12. W. & M. st. 1, c. 24, in part. beer and ale; and also an act made in the twenty-second year of the reign of 22 Car. 2, c. 8. King Charles the Second, intituled, 'An Act for ascertaining the Measures of Corn and Salt; and also an act made in the Parliament holden in the twenty- 22 & 23 Car. 2, second and twenty-third years of the reign of the said King Charles the Second, intituled, 'An additional Act for ascertaining the Measures of Corn and Salt;' and also so much of an act made in the first year of the reign of King William and Queen Mary, intituled, 'An Act for an additional Duty of Excise upon Beer or Ale, and other Liquors,' as relates to the contents of the barrel of beer and ale; and also so much of an act made in the fifth and sixth years of the reign of King William and Queen Mary, made, among other things, for granting to their majesties certain rates and duties upon salt, and upon beer, ale, and other liquors, as relates to the measure and weight of salt; and also an act made (in the Parliament of Ireland) in the seventh year of the reign of King 7 Wil. 3, (I.) William the Third, for the better regulating of measures in and throughout 5 & 6 W. & M. c. 7, in part. that kingdom; and also so much of an act made in the seventh and eighth 7 & 8 W. & M. years of the reign of King William the Third, made, among other things, for c. 31, in part. continuing to his majesty certain duties upon salt, glass wares, and earthen wares, as relates to the measure and weight of salt; and also the whole of an c. 6. act made in the ninth and tenth years of the reign of King William the Third, 9 & 10 Wil. 3, intituled, 'An Act that all Retailers of Salt shall sell by Weight;' and also so much of an act made in the tenth and eleventh years of the reign of King Wil- 10 & 11 Wil. 3, liam the Third, made, among other things, for levying further duties upon c.21, in part. sweets, and for lessening the duties as well upon vinegar as upon certain low wines, as relates to the contents of a barrel of vinegar, vinegar beer, or liquor preparing for vinegar; and also so much of another act made in the same tenth and eleventh years of the reign of the said King William the Third, inti- 10 & 11 Wil. 3, tuled, 'An Act for the more full and effectual charging of the Duties upon c. 22, in part. 11 & 12 W. 3, c. 15. 1 Anne, st. 1, c. 15. 2 Anne, (I.) 5 & 6 Anne, c. 27, in part. 9 Anne, c. 6, in part. 9 Anne, c. 15. 10 Anne, c. 6, 5 Geo. 4, c. 74. Rock Salt, as relates to the weight or measure of rock salt; and also the whole of an act made in the eleventh and twelfth years of the reign of King William the Third, intituled, 'An Act for the ascertaining the Measures for retailing Ale and Beer;' and also an act made in the first year of the reign of Queen Anne, intituled, An Act to ascertain the Water Measure of Fruit; and also so much of an act made in the same first year of the reign of Queen Anne, intituled, Id. c. 21, in part. An Act for preventing Frauds in the Duties upon Salt, and for the better Payment of Debentures at the Custom-House,' as relates to the weight and measure of foreign salt and rock salt; and also an act made (in the Parliament of Ireland) in the second year of the reign of Queen Anne, for supplying the defects of the hereinbefore recited act, passed in the Parliament of Ireland in the seventh year of the reign of King William the Third; and also so much of an act made in the fifth and sixth years of the reign of Queen Anne, intituled, "An Act for continuing several Subsidies, Impositions, and Duties, and for making Provisions therein mentioned, to raise Money by way of Loan for the Service of the War, and other Her Majesty's necessary and important Occasions, and for ascertaining the Wine Measure,' as relates to the contents of the gallon, tun, butt, pipe, and hogshead of wine; and also so much of an act made in the ninth year of the reign of Queen Anne, made, among other things, for reviving, continuing, and appropriating certain duties upon several commodities to be exported, and certain duties upon coals to be waterborne and carried coastwise, as relates to the chaldron or chalder, and bushel of coals; and also the whole of an act made in the said ninth year of the reign of Queen Anne, for making more effectual the hereinbefore-recited act of the forty-third year of the reign of Queen Elizabeth, concerning the assize of fuel; and also an act made in the tenth year of the reign of Queen Anne, intituled, ‘An Act for explaining and altering the Laws now in being concerning the Assize of Fuel, so far as they relate to the Assize of Billet made, or to be made, of Beech Wood only; and also so much of an act made (in the Parliament of 1 Geo. 2, (1.) in Ireland) in the first year of the reign of King George the Second, intituled, ‘An Act for preventing Combinations to enhance the Prices, and for avoiding Exactions and Abuses formerly practised in the Sale and Measure of Coals,' as relates to the dimensions of the half-barrel, bushel, half-bushel, peck, or half-peck of coals; and also so much of an act made in the eighth year of the reign of King George the Second, made, among other things, for granting and continuing the duties upon salt and upon red and white herrings, as relates to the computation of the distance in miles between the pits and refiners of rock salt; and also an act made (in the Parliament of Ireland) in the ninth year of the reign of King George the Second, intituled, 'An Act for the ascertaining the Gange and the Measure of Barrels and Half-Barrels used by Brewers in selling Beer, 24 Geo. 2, c. 31, Ale, and Small Beer; and also so much of the statute made in the twentyfourth year of the reign of King George the Second, intituled, ‘An Act for explaining, amending, and enforcing an Act passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for the better Regulation of the Linen and Hempen Manufactures in that Part of Great Britain called Scotland, and for further regulating and encouraging the said Manufactures,' as relates to the weight of hemp or flax; and also an act made (in the Parliament of Ireland) 26 Geo. 3, (I.) in the twenty-sixth year of the reign of his late majesty King George the Third, for preventing frauds in the measurement of lime; and also so much of an act 38 Geo. a, c. 89, made in the thirty-eighth year of the reign of his late majesty King George the Third, intituled, An Act for transferring the Management of the Salt Duties to the Commissioners of Excise, and for repealing the Duties on Salt, and the Drawbacks, Allowances, and Bounties thereon, as relates to the weight of a 43 Geo. 3, c. 69, bushel of salt; and also so much of an act made in the forty-third year of the reign of his late majesty King George the Third, intituled,An Act to repeal the Duties of Excise payable in Great Britain, and to grant other Duties in lieu thereof,' as relates to the quart, gallon, and barrel of beer or ale; and all the said recited statutes or ordinances and acts, and parts of statutes and acts, so far as the same, or any of them, relate to the ascertaining or establishing any standards of weights and measures, or to the establishing or recognizing certain differences between weights and measures of the same denomination, but no far part. 8 Geo. 2, c. 12, in part. 9 Geo. 2, (I.) in part. in part. in part. ther or otherwise, shall, from and after the said first day of May, 1825, be, and FORMS. the same are hereby repealed; save and except only so far as any such statutes repeated, save 30 or acts, or any part thereof, repeal any other statutes or acts, or any part thereof far as the said Acts repeal former which relate to the ascertaining or establishing any standard of weights and acts relating to measures, or to the establishing or recognizing certain differences between weights and meaweights and measures of the same denomination; all which statutes and acts, or any parts thereof so repealed, shall be and remain repealed, to all intents and purposes whatever." which empowers Westminster, &c. to appoint a pro and measures. Sect. 24. "Provided, that nothing in this act contained shall extend, or be Proviso for 31 construed to extend, to repeal the hereinbefore recited act made in the Parlia- Geo. 2, c. 17, ment of Great Britain, in the thirty-first year of the reign of King George the the dean and Second, nor in any manner to affect or alter the power given by the said recited high steward of act to the dean, high steward, or his deputy, and the burgesses of the city of Westminster, to appoint a proper officer to size and seal all weights and mea- per officer to size sures used by persons dealing by weight and measure in the said city of West- and seal weights minster and the liberties thereof, but that all the powers given and reserved to the said dean, high steward, or his deputy and burgesses, by the said recited act, shall and may be exercised in the appointing of a proper officer to size and seal all such weights and measures as shall, from the passing of this act, be lawful, and be used by persons dealing by weight and measure within the said city and liberties of Westminster, and shall and may be used and exercised by any officer so appointed, in the same manner in all respects as is directed by the said recited act, with relation to the weights and measures in the said recited act mentioned." Forms. day of The information and complaint of A. B., of, &c., preferred at a petty sessions held for the division of, &c., at in the said county, J. P. and S. P., Esqs., justices of the peace for the said county, acting for before us, the said division, whose names are hereunder written, this day of, &c.; who, on his oath, saith, that on the in the shop [millhouse, outhouse, &c. (see the act, ante, 1010), according to the fact], of C. D., at in the said county, he, the said C. D., then and there being a person who sold by retail and weight goods, wares, and chattels, the said C. D. then and there had in his possession, and the said A. B. then and there found therein, a certain weight [or, weights], to wit, &c., which were not according to the standard in the Exchequer [or, a certain false and unequal balance, to wit, &c.], contrary to the form of the statute in that case made and provided; whereby he hath incurred the forfeiture imposed by the said statute for the said offence. A. B. in the said county, hath this day preferred an defective information against you for having, on the in the said county [according to the fact], upon search by him made, contrary to the These are, therefore, to require you personally to appear before us, or such other of his majesty's justices of the peace for the said county as shall be present at the petty sessions, to be holden at in the said county, on, &c., at o'clock in the forenoon, then and there to answer the premises. Given under our hands and seals, this Herein fail not. Summons there on. day of J. P. (L. S.) The 37 Geo. III. c. 143, s. 8, ante, p. 1010, gives the form of the conviction. Conviction thereon. Whereas you are this day duly convicted before us, J. P. and S. P., Esqs., two of his majesty's justices of the peace in and for the said county, for that you, being a person who did sell by retail and weight goods, wares, and chattels, on, &c., at, &c., in the said county, contrary to the form of the statute in that case made and provided, had in your shop, [millhouse, outhouse, &c., according to the fact], defective weights, &T., viz. [as in the conviction], whereby you have forfeited the sum of for the said offence, and also the further sum of and charges attending the said conviction. , for the reasonable costs We do, therefore, hereby order you, the said C. D., to pay to I. K., of being a person duly appointed to examine weights and balances within this division of the said several sums of and Given under our hands and seals, this (No. 4.) J. P. (L. S.) S. P.(L. S.) Warrant of dis tress on non-payment. To the Constable of in the said county, and to all others kis Majesty's Officers of the Peace for the said county. Be it remembered, that, on, &c., at a petty sessions holden for the division of in the said county, before us, J. P. and S. P., Esqs., two of his majesty's justices of the peace in and for the said county, C. D., of in the said county, being a person who sold by retail and weight goods, wares, and chattels, was duly convicted before us, the said justices, for that he, the said C. D., on, &c. [describe the offence as in the conviction], contrary to the form of the statutes in that case made and provided; and we, the said justices, do declare and adjudge that he, the said C. D., hath forfeited the sum of of lawful money of Great Britain, hath been for the offence aforesaid, to be applied as the law directs, and also the further sum of day of A. D. 1831. J. P. (L. S.) to wit. before us, J. P. and S. P., two of his majesty's justices of the peace for the county aforesaid, and informeth us, that, within the space of [six weeks] now last past, to wit, on, &c., at, &c., in the county aforesaid, a certain measure, to wit, a messure intended to represent a [quart] measure, but which was not then and there a cording to the standard in the Exchequer, was found by him, the said A. B., in the shop [house, outhouses, and other places near to such shop or house, or a stail or standing-place] of C. D., there situate; he, the said C. D., then and there being a person who was then and there used to sell by retail, and by certain measures of capacity, divers liquid [and dry] goods; contrary to the form of the statute in such case made and provided; whereby, &c. [as usual, to the end.] (a) The act gives the form of a conviction, ante, p. 1014. State the offence thus That C. D., of, &c., on, &c., at, &c., being then and there Information for refusing to proa person selling and retailing by measure, did, on being then and there requested by duce measures, or one E. F. so to do, refuse to produce his, the said C. D.'s, measures, in order to be obstructing inviewed and examined by the said E. F. [or, did wilfully obstruct, hinder, resist, and spectors, on 35 oppose one E. F. in viewing and examining the measures of him, the said C. D.]; he, Geo. 3, c. 102, the said E. F., being then and there duly authorized and empowered to view and exa- 3, c. 43, s. 3. mine the same. 8. 3, and 55 Geo. (No. 7.) A Return of Forfeitures levied by the Justices of the Peace in the County of day of and the Justices' return of penalties under 37 Geo. 3, c. 143, and 55 Geo. 3, c. 43, s. 4. (a) between the following: viz. 18 day of 1 Geo. 4, c. 57. THE 1 Geo. IV. c. 57, s. 1, repeals the 57 Geo. III. c. 75. Sect. 2 enacts, " that, from and after the passing of this act, judgment or sentence shall in no case whatever be given and awarded against any female or females convicted of any offence whatsoever, that such female offender or offenders do suffer the punishment of being whipped, either publicly or pri- male offenders. vately; any law, statute, or usage to the contrary notwithstanding." Sentence of whipping not awarded on fe Sect. 3. That" in all cases where the punishment of whipping, either pub- Instead thereof, licly or privately, on female offenders, has hitherto formed the whole or part solitary confineimprisonment or of the judgment or sentence to be pronounced, or has in any other case been ment. inflicted, it shall and may be lawful for the court or justice of the peace before whom any such offender shall be tried or convicted, to pass sentence of confinement to hard labour in the common gaol or house of correction, for any space of time not exceeding six months, nor less than one month; or of solitary confinement therein for any space not exceeding the space of seven days at any one time, in lieu of the sentence of being publicly or privately whipped, as to the said court or justice shall seem most proper: provided that nothing Proviso for herein contained shall extend, or be construed to extend, in any manner to former laws, change, alter, or affect any punishment whatsoever which may now be by law except the said (a) Ante, p. 1013. punishment. |