Corn to be measured by Winchester Bushel. Standards pro &c. to a General or Petty Sessions, in order that the same may be examined, and if approved, be signed by the Magistrates thereat, a Certificate of which Approbation shall also be signed by the said Magistrates, and be delivered in Duplicate to the said Inspector, one Copy thereof to be produced by him to the said Collector, or other Chief Officer of His Majesty's Customs or Excise, and the other Copy to be transmitted to the Receiver of Corn Returns in London. XXXVII. And be it further enacted, That the Bushel by which all Corn shall be measured and computed, in pursuance of the Directions of this Act, shall be the Winchester Bushel, and that a Quarter shall be deemed to consist of Eight such Bushels; and vided in Towns, that the said Justices of the Peace for each County, Riding and Division, and the Mayor or other Chief Officer of the Cities or Towns which are Counties of themselves, or have or enjoy exempt or peculiar Jurisdiction, shall cause a Standard Winchester Bushel to be provided and kept in each City and Town, from which any Returns of the Prices of Corn are by this Act directed to be made; and that all Computations by Measure, to be made for the Purposes of this Act, be made by the stricken and not by the heaped Bushel; and that in all cases where Corn shall be sold by Weight, Fifty seven Pounds Avoirdupoise of Wheat shall be deemed equal to every such Winchester Bushel of Wheat, and that Fifty five Avoirdupoise Pounds of Rye shall be deemed equal to every such Bushel of Rye, and that Forty nine Avoirdupoise Pounds of Barley shall be deemed equal to every such Bushel of Barley, and that Forty two Avoirdupoise Pounds of Beer or Bigg shall be deemed equal to every such Bushel of Beer or Bigg, and that Thirty eight Avoirdupoise Pounds of Oats shall be deemed equal to every such Bushel of Oats. How Computations by Measure made.' Making fraudulent Returns by Factors or Dealers. Penalty. How Inspector suspecting is to act. Inspectors to make and exhibit in the Market a Com XXXVIII. And be it further enacted, That if any such Factor or Dealer as aforesaid shall make a false Return to any of the said Inspectors, or shall in any way endeavour to make the Amount of Corn or Grain sold or bought by him appear to be either more or less than the true bonâ fide Amount of the said Corn or Grain, according to the Winchester Bushel as aforesaid, every such Factor or Dealer shall for every such false Return forfeit and pay a Sum not exceeding Twenty Pounds nor less than Forty Shillings; and whenever any of the said Inspectors shall have reason to believe that any such Factor or Dealer has made a false Return, or has endeavoured to make the Amount of the Corn or Grain sold or bought by him appear to be either more or less than the true bona fide Amount of the said Corn or Grain, according to the Winchester Bushel as aforesaid, such Inspector shall notify the same to the Receiver of Corn Returns at the time that he makes his Return; and the said Receiver of Corn Returns is hereby authorized and required to strike out of the said Return the Amount and Price of any such Corn or Grain as aforesaid, and shall not admit the same into any Account or Average which he may make up under the Provisions of this Act, or of any other Act. XXXIX. And be it further enacted, That every Inspector of Corn Returns shall and he is hereby authorized and required to make a Comparison between the Winchester Measure and the Measure or Measures commonly used in the City or Town for which he is appointed Inspector; and within One Month after parison of his Appointment, to cause a Statement in Writing of such Com- Measures. parison to be hung up in some conspicuous Place in the Market and Town Hall of such City or Town, and from time to time renew the same if it shall become defaced or illegible, and shall return a Copy of the same to the Receiver of Corn Returns. XL. And be it further enacted, That nothing in this Act contained shall extend to alter the present Practice of measuring Corn, or any of the Articles aforesaid, to be shipped from or to be landed in the Port of London, but that the same shall be measured by the Sworn Meters appointed for that Purpose, by whose Certificate the Searchers or other proper Officers of His Majesty's Customs are hereby empowered and required to certify the Quantity of Corn or other Articles as aforesaid so shipped or landed; and that nothing in this Act contained shall extend to lessen or take away the Tolls or Duties due and payable to the Mayor and Commonalty and Citizens, of the City of London, or to the Mayor of the said City for the time being. Proviso for present manner of measuring Corn, &c. in London; and for Tolls, &c. due to the City. 55 G. 3. c. 26. XLI. And Whereas by an Act passed in the Fifty fifth Year ' of the Reign of His late Majesty, intituled An Act to amend the § 1. Laws now in force for regulating the Importation of Corn, it is enacted, that Corn, Meal or Flour, the Growth, Produce or "Manufacture of any Foreign Country, which may by Law be imported into the United Kingdom, shall and may at all times be allowed to be brought to the said United Kingdom, and be warehoused there under the Regulations and Provisions of the Laws in force relating to Corn, without Payment of any Duty whatever, and not taken out but under the Regulations ' and Provisions required by Law: And Whereas considerable Quantities of Corn, Meal and Flour have been imported and 'warehoused under the Regulations of the before recited Act, and Frauds may be committed in procuring Corn, Meal or Flour to be taken out of Warehouses contrary to the before recited Act;' Be it therefore enacted, That no Corn, Meal or Flour shall be permitted to be taken out of the Warehouse or Warehouses in which the same shall have been warehoused, until the Proprietor or Proprietors, Occupier or Occupiers of such Warehouse or Warehouses shall enter into Bond, with Two sufficient Sureties to His Majesty, His Heirs and Successors, in the Sum tioned. of Two thousand Pounds, with Condition that no such Corn, Meal or Flour shall be taken out of such Warehouse or Warehouses, otherwise than under the Regulations and Provisions now by Law in force. No Corn, &c. taken out of Warehouse until Bond is Proprietor or Warehouse to · XLII. And be it further enacted, That the Proprietor or Pro- Officer of Cus. toms to take Samples of Corn warehoused, and to com taken out. by the Proprietor or Proprietors, Occupier or Occupiers of such Warehouse or Warehouses. XLIII. And be it further enacted, That it shall and may be lawful to and for the proper Officer or Officers of the Customs, to take a Sample, not exceeding Half a Peck, from the Bulk of each Importation of Corn which have been already warehoused, and also from the Bulk of each Importation which hereafter shall pare with Corn be made and warehoused, and to keep the same until such Corn shall be taken out of the Warehouse, either for Exportation or Home Consumption, and to compare such Sample with the Corn so to be taken out, and if the same shall be found to agree therewith in Quality, the same to be returned; but if it shall appear not to agree therewith, in consequence of any Exchange of the Corn imported and warehoused having taken place, then and in such case the Corn so intended to be taken out shall be forfeited, and shall and may be seized by any Officer or Officers of the Customs. Obstructing Corn before taken out of Warehouses to &c. XLIV. And be it further enacted, That if any Person or Persons shall obstruct or hinder any such Officer or Officers of the Customs in taking any such Sample or Samples, the Person or Persons offending therein shall for each and every such Offence severally forfeit the Sum of Two hundred Pounds. XLV. And be it further enacted, That before any such Corn, Meal or Flour shall be taken out of the Warehouse in which the same shall have been deposited, either for Home Consumption or be remeasured, Exportation, the said Corn shall be remeasured, and the said Meal or Flour reweighed, in like manner as when the same were imported at the Charge and Expence of the Proprietor or Proprietors, Occupier or Occupiers of such Warehouse or Warehouses, under the Inspection of and Certificate thereof delivered to the proper Officer of the Customs, in order to ascertain whether any of the Quantity originally imported and warehoused had or had not been removed or taken out of such Warehouse. Former Acts force. XLVI. And be it further enacted, That every Act of Parliament in force on and immediately before the passing of this Act, by which any Conditions, Rules, Regulations or Restrictions were made, established or directed for the better securing the Revenue to continue in of Customs, or for the regular Importation into or Exportation from Great Britain, or the bringing or carrying Coastwise, or from Port to Port, within the said Kingdom, or the entering, landing or shipping of any Goods, Wares or Merchandizes whatever, except where any Alteration is expressly made by this Act, shall and they are hereby declared to be and remain in full force and effect, and shall be applied to the Subject of this Act, and for carrying the same into Execution, as fully and effectually as if they had been repeated and reenacted in this present Act. Exception. No Fee on taking Oath or Declaration. How Penalties XLVII. And be it further enacted, That no Fee shall be taken by the Clerk of any Justice of Peace, or other Person before whom any Oath, Affirmation or Declaration shall be taken or made, by the Directions of this Act, on account of such Oath, Affirmation or Declaration. XLVIII. And be it further enacted, That all Forfeitures created to be recovered, and Penalties inflicted by this Act, shall and may be sued for, prose H prosecuted and recovered, in any of His Majesty's Courts of Record at Westminster, in such Manner, and by such Ways, Means and Methods, as Penalties inflicted, or Forfeitures created, for any Offences against the Laws of Customs, may now legally be sued for, prosecuted and recovered, and the Produce disposed of in the like manner, and applied to the like Uses and Purposes, and applied. unless otherwise specially provided for by this Act: Provided Proviso as to Penalties by always, that any Penalty or Forfeiture inflicted by this Act on Corn Factors any Corn Factor, or on any Dealer in Corn, Malt, Meal or Flour, or Dealers for Sale as aforesaid, or on any Inspector of Corn Returns, may and Inspectors. be sued for and recovered before any Two Justices of the Peace of the County, Riding, Division, City or Town where such Corn Factor, or Dealer in Corn, Malt, Meal or Flour for Sale, or Inspector of Corn Returns, shall reside; and such Two Justices shall and they are hereby authorized and required, if upon due Proof and Examination of the Matter it shall appear to them that such Corn Factor, or Dealer in Corn, Malt, Meal or Flour for Sale, or Inspector of Corn Returns, is guilty of the Offence against this Act, then alleged against him, to convict him thereof, and by Warrant under their Hands and Seals to levy such Penalty by Distress and Sale of his Goods and Chattels; and such Penalty shall be applied in manner hereinbefore mentioned. XLIX. Provided, and it is hereby declared and enacted, That Determination no Bill, Plaint or Information, shall be brought or sued for in any of His Majesty's Courts of Record at Westminster, for any Offence against this Statute, in cases where such Offences are by this Act cognizable by Justices of the Peace, relating to the same Offences, or any Forfeitures or Penalties for the same, but that the Determination of the Justices of the Peace in the County where such Offence or Offences shall be committed, shall be final to all Intents and Purposes whatsoever; any thing herein contained to the contrary thereof notwithstanding. of Justices final. Actions. L. And be it further enacted, That if any Action or Suit shall Limitation of be brought or commenced against any Person or Persons for any thing by him, her or them done by virtue or in pursuance of this Act, such Action or Suit shall be commenced within Three Months next after the matter or thing done, and shall be laid in the proper County; and the Defendant or Defendants in such Action or Suit shall and may plead the General Issue, and give this General Issue. Act and the special Matter in Evidence, at any Trial to be had thereupon; and if afterwards a Verdict shall pass for the Defendant or Defendants, or the Plaintiff or Plaintiffs shall discontinue his, her or their Action or Actions, or be nonsuited, or Judgment shall be given against him, her or them, upon Demurrer or otherwise, then such Defendant or Defendants shall have Treble Treble Costs. Costs awarded to him, her or them, against such Plaintiff or Plaintiffs. CAP. CA P. LXXXVIII. An Act for the Amendment of the Law of Rescue. W [10th July 1821.] HEREAS divers daring Attempts have of late been made to effect the Rescue or prevent the Detention of • Persons charged with or committed for or on Suspicion of Felony And Whereas it might tend more effectually to prevent the Commission of such Offences if further Provisions were 'made for the Punishment of Persons who may hereafter be ' convicted thereof, as are hereinafter enacted:' Be it therefore enacted by The King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act, if any Person shall rescue, or aid and assist in rescuing, from the lawful Custody of any Constable, Officer, Headborough or other Person whomsoever, any Person charged with, or suspected of, or committed for any Felony, or on Suspicion thereof, then if the Person or Persons so offending shall be convicted of Felony, and be entitled to the Benefit of Clergy, and be liable to be imprisoned for any Term not exceeding One Year, it shall be lawful for the Court by or before whom any such Person or Persons shall be convicted, to order and direct, in case it shall think fit, that such Person or Persons, instead of being so fined and imprisoned as aforesaid, shall be transported beyond the Seas for Seven Years, or be imprisoned only, or be imprisoned and kept to hard Labour in the Common Gaol, House of Correction or Penitentiary House, for any Term not less than One and not exceeding Three Years. II. And be it further enacted, That from and after the passing of this Act, if any Person shall assault, beat or wound any Constable, Officer, Headborough or other Person whomsoever, with Intent in so doing, or by Means thereof, to obstruct, resist or prevent the lawful Apprehension or Detainer of any Person charged with or suspected of Felony; or if any Person charged with or suspected of Felony shall assault, beat or wound any Constable, Officer, Headborough or other Person whomsoever, with Intent in so doing, or by Means thereof, to obstruct, resist or prevent his or her Apprehension or Detainer; then and in every or any such case, if the Person or Persons so offending shall be convicted of a Misdemeanor only, it shall be lawful for the Court by or before whom any such Person or Persons shall be so convicted as aforesaid to order and direct, in case it shall think fit, that such Person or Persons shall, in addition to any other Pains, Penalties or Punishment to which he, she or they are now subject or liable, be kept to hard Labour for any Term not exceeding Two Years, and not less than Six Months. III. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken Notice of as such by all Judges, Justices and others, without being specially pleaded. CAP. |