Three Shillings and Fourpence; and in To be levied by Default of Payment thereof upon Demand, Distress. the fame fhall or may be levied by Distress and Sale of the Offender's Goods, by Warrant under the Hand and Seal of any one or more Juftice or Juftices of the Peace of the faid City, and County of the fame City,

rendering to the Offender the Overplus One Half to the (the Charges of diftraining being firft de- Poor where, &c ducted) and the one Half of fuch Forfei-the other to the tures fhall be to the Ufe of the poor Peo-informer. ple inhabiting within the Parifh where the Offence thall from Time to Time be committed, to be paid to the Churchwardens, and Overfeers of the Poor of and in fuch Parish, and the other Half to the Informer or Informers.

&c. of Butter

3. And whereas by an Act of Parliament, made in the Thirteenth and Fourteenth Years of the Reign of the late King CHARLES the Second, intituled, An Act for the Reforming of the Abufes committed in the Weight and falfe Packing of Butter, the Weight thereof is afcertained, and the Goodness of the Butter is fecured, under If any Firkin, the Pains and Penalties therein mentioned, hall be faulty Be it further enacted by the Authority in Quantity or aforefaid, That if any Firkin, Half Firkin, Quality, the or Pot or other Veffel of Butter, which Owner shall be from and after the faid Five and Twenti-liable to the Forfeitures in eth Day of March, fhall be brought to the 13 and 14 Car. Market aforefaid, by any Owner, Farmer, II C. 26. or Packer of Butter, fhall be found, upon the Searching and Weighing thereof, to be faulty in the full Quantity or due Quality appointed by the faid recited Act, every fuch Owner, Farmer, or Packer of Butter fhall be liable to fuch Pains, Penalties, and Forfeitures as are mentioned, contained, and expreffed in the faid recited Act, to be levied as aforefaid.

4. Provided that every Profecution or Profecution to Suit which fhall be brought for any Of-be in four fence Months.

X 2

The Mayor to appoint the Searcher, who

fence committed against this Act, shall be commenced within four Months after the Offence committed.

5. Provided always, That the Officer or other Perfon to be appointed for the Searching, Weighing, and Sealing of the faid Firkins, Half Firkins, or other Calks fhall be fworn or Pots of Butter, fhall be appointed by at Eafter Sef- the Mayor of the faid City for the Time being, and fhall be fworn at the General Quarter Seffions to be held for the faid City of York, and County of the fame, next after Eafter-Day, yearly, for the due Execution of the faid Office.

fions.

Perfons aggrieved may

ter Seffions, whofe Determination fhall be final.

6. Provided alfo, That if any Perfon or Perfons fhall think him or themselves ag

appeal to Quar-grieved by any Determination of any Juftice or Juftices of Peace, who fhall at any Time act in Purfuance to the Power to him given by this Act, it fhall and may be lawful to and for fuch Perfon or Perfons to appeal to the next General Quarter Seffions of the Peace, to be held for the faid City, and County of the fame City, the Determination whereof fhall be final and conclufive to all Parties, and they are hereby impowered to award Cofts to either Party, as to them fhall feem meet, in refpect of fuch Appeal.

This Act fhall.

not extend to any Veffel containing only four Pounds or under

7. Provided alfo, and be it further enacted, That nothing in this Act contained fhall extend to compel the bringing to the faid Market any Veffel of Butter, which fhall contain but the Quantity of four Pounds of Butter, or under, or to make the faid Veffels liable to the faid Duty, any Thing in this A&t contained to the contrary notwithstanding.

8. And be it enacted, That in all Actions and Suits that fhall be brought against any Perfon or Perfons, for what he or they fhall do by Virtue of the true Intent and Meaning of this Act, the Perfon or Perfons

Perfons fo fued or molefted fhall or may General Iffue. plead the general Iffue of Not Guilty, and give the fpecial Matter in Evidence; and in every fuch Cafe, if the Verdict fhall pafs for fuch Perfon or Perfons, or that the Plaintiff or Plaintiffs be nonfuit therein, or in Cafe fuch Action or Suit shall be difcontinued, the Perfon fo fued fhall have his Double Cofts, and fhall recover the fame, as in Cafes where Cofts by Law are Double Cofts. accustomed to be recovered.

An ACT for improving the Navigation of the River Owze, in the County of York, 1729.

Preamble.

Trustees.

WH

HEREAS the antient City of York. hath been and is yet confiderable for its Trade both at home and abroad, and as well the faid City and County of the fame City, as the County adjoining upon or near unto the River Owze, in the County of York, hath been much relieved, maintained, and fupported by the faid River, which of late Years, in divers Places, hath been filled, choaked, and stopped upwith Sands and other Obftructions, that Ships, Pinks, Keels, Boats, Lighters, and other Veffels cannot without great Hazard: and Difficulty come up to the faid City as in Times paft, which is not only detrimental to Trade and the public Good, and prejudicial to the faid City, but to all Traders thereto, and to the Owners and Occupiers near thereunto; and will be yet more injurious to them, if fome fpeedy Remedy or Course be not taken and provided for repairing, amending, and making the faid. River more navigable and passable.

For Remedy whereof, and to the Intent: that the faid River (as well for the Goods of the Public in general, and of the Inhabitants of the faid City, as alfo of fuch asfhall trade and pass thither and from thence with Merchandizes) may be effectually repaired, amended, maintained, and im-. proved, Be it enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal and Commons in this prefent Parliament affembled, and by the Authority of the fame, That the Right Honourable the Lord Mayor, Recorder, Two. City Counsel, Aldermen, and Sheriffs of the faid City of York for the Time being, Six of the Four-and-Twenty being of the

Privy

Privy-Council of the faid City, Twelve of the Common-Council-Men of the said City, (that is to fay, Three of every Ward in the faid City to be elected in the CouncilChamber of the faid City, as ufual in electing Committees for other Purposes in the fame City) fhall be, and are hereby declared to be Trustees for putting in Execution the Powers and Authorities given and appointed by this prefent Act, for making more convenient, navigable, and paffable the faid River, and for maintaining the fame: And for fupplying the Number of the faid Trustees in Cafe of Death of any of the faid Six of the PrivyCouncil, or of any of the Twelve of the Common-Council, that fhall be elected as aforefaid, or of any on their Refusal to act, the furviving Trustees, or the major Part of them, fhall, from Time to Time, by Writing under their Hands and Seals, elect and conftitute a new Trustee or Truf tees in the Place of him or them fo dying or refusing to act, fo as the Vacancy of one of the faid Privy-Council be fupplied by one of the faid Privy-Council; and a Vacancy of a Common-Council-Man,. be fupplied by one of the CommonCouncil-Men of that Ward where fuch Vacancy fhall happen, and fo and in the like Manner, from Time to Time, as any fuch Vacancy fhall happen; and the faid Lord Mayor, Recorder, City- Trustees power Counfel, Aldermen, and Sheriffs, and their Succeffors, and fuch Six of the faid PrivyCounsel, and Twelve of the CommonCouncil fo to be elected as aforefaid, or the major Part of them, or fuch Perfon or Perfons as they by any Writing under their Hands and Seals fhall thereto nominate and appoint, by themfelves, their Deputies, Agents, Officers, Workmen, and Servants, are hereby impowered and authorized, and shall have full Power and Au

thority

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