BEER. that no brewer shall keep any other conveyance or communica- BREWER AND tion from any copper, except the regular discharge pipes, on pain of forfeiting £200. (1) The statute 17 Geo. 3. c. 42. provides, with respect to the BRICKS AND price of bricks and tiles, that all contracts by any brickmaker, &c. TILES. or person concerned in making bricks or tiles for sale, for engross- Price. ing bricks and tiles, or for restraining the free selling of the same, or for limiting or fixing the price, shall be void: a person concerned is liable to a penalty of £20, or if a servant £10, recoverable by action of debt; half to the informer, and half to the poor (2). The same statute also provides, with respect to the Size of Bricks, size and dimensions of bricks or pantiles (3), that all bricks made for sale in England shall, when burnt, be not less than 8 inches long, 2 inches thick, and four inches wide; and pantiles not less than 13 inches long, 9 inches wide, and half an inch thick (4), under the penalty of 20s. for every 1,000 bricks, and 10s. for every 1,000 pantiles, and so proportionably for a greater or less number (5). And where a person sold and delivered bricks of less than the statutable size, it was held that he could not recover the price, although the buyer had received and used them (6). It is also provided, that the size of the sieves or screens for sifting or screening sea-coal ashes to be mixed with brick earth in making bricks, shall not exceed one quarter of an inch between the mashes (7). The act directs that no penalty, in respect of the dimensions of bricks or tiles, shall be recovered, unless the information be laid within one month after the sale or delivery thereof (8); and that all penalties and forfeitures as to which no other direction is given, shall be recovered before one justice, on proof, by confession or oath of one witness, the oath to be administered gratis; to be levied by distress, and distributed one-half to the informer, and half to the poor; and for want of distress the offender may be committed for two months, unless the money be sooner paid (9). An appeal is given to the sessions, after notice given and recognizance entered into; but no certiorari is allowed, nor can the proceedings be quashed for BRICKS AND want of form (1). An old statute of 17 Edw. 4. c. 4. requires that every person using the occupation of making the tile called Quality and Size plain tile (otherwise called thak tile), roof tile or cres tile, corner of Tiles, etc. tile, and gutter tile, shall make it good, seasonable, and sufficient, and well whited and annealed. And the earth whereof any such tiles shall be made, shall be digged and cast up before Nov. 1st next, before they shall be made; and stirred and turned before Feb. 1st next following; and not wrought before March 1st next after; and the same earth, before it be put to making of tile, shall be truly wrought, and hied from stones; and the veins called malin or marle, and chalk, lying commonly in the ground near to the land convenient to make tile, after the digging of the said earth whereof any such tile shall be made, shall be well severed from the earth of which the tile shall be made. And every such plain tile so to be made shall be 10 inches long, 61 inches broad, and half an inch and a quarter thick; roof tile or cres tile 18 inches long, half an inch and half a quarter thick, with convenient depth; gutter tile and cover tile 10 inches long, with convenient thickness, breadth, and deepness. person shall set to sale any such tile otherwise made, he shall forfeit to the buyer double value of the tile, and make fine and ransom at the king's will; to be recovered by action of debt, with costs; and also, the justices of the peace, and every of them, may hear and determine offences against this act, who shall assess upon the offender no less fine than for every 100 plain tiles, 5s.; for every 100 roof tile, 6s. 8d.; and for every 100 corner or gutter tile, 2s. This statute did not mention pantiles, which were then unknown, and which have been provided for as we have seen by 1 Geo. 3. (2). Every maker of bricks or tiles is required by the excise laws, under a penalty of 100, before he begins to make them, to leave notice in writing at the next excise office of his name and place of abode, and of his sheds, workhouses, or other places of making (4). Duties are imposed upon both these articles (5), but tiles for draining land are exempt by several statutes from all duties (6). The exemption is also extended to tiles which are necessary for the "foundations Entry and (1) 17 Geo. 3. c. 42. s. S. (4) 24 Geo. 3. c. 24. sess. 2. S. 4. (5) 24 Geo.3. c. 24.-25 Geo. 3. c.66.-34 Geo. 3. c,15,-37Gco.3. And if any c. 14, 15.-41 Geo. 3. c. 91.- -- TILES. and support" of such drains, according to the following descrip- BRICKS AND tion: "Flat tiles not exceeding one inch in thickness, each thereof having at one end a semicircular projection, and at the other a semicircular arch or indent, such projection and arch being portions of circles of equal diameters; and each such tile being also not less than nine inches in length, and not exceeding seven inches in breadth; such flat tiles being also perforated with circular holes, each thereof being not less than two inches in diameter, and the sum of the areas of such holes in such flat tile amounting to not less than a quarter part of the surface or superficial content of such flat tile; and no such flat tile being fit or proper for the purpose of being used in building, or in the roof or covering of any house, shed, or other building whatever." (1) A person who carries on the trade of a brickmaker may be- Brickmaker. come liable to the operation of the bankrupt laws. It has been Bankrupt. decided that a man who deals in bricks made of earth taken from the waste without any licence from the lord, to whom he afterwards pays a consideration, is a trader (2). But whether a man who makes bricks for sale upon land demised to him for a term of years, and sells them, is a trader, seems to be unsettled (3). In a late case, however, it was decided, that if a person carry on the business of a brickmaker, upon an estate in which he has no interest, and such an estate is afterwards devised to him,and he after such devise continue such business as a brickmaker, by working the clay on the land, he is not a trader (4). It is said that no tithe is due of common right of bricks, because they are made of the earth. (5) CHEESE. The provisions with respect to butter and cheese are divisible BUTTER AND into two parts, viz. 1st, those that relate to vessels for containing butter and the marks upon them, and to the packing, weight, and goodness of butter; 2dly, to the shipping of butter and cheese for London (6). By stat. 36 Geo. 3. c. 86., it is provided that every (1) 55 Geo. 3. c. 176. (2) Exparte Harrison, 1 Brown, 173. 1 T. R. 34. 7 East, 442. Cooke, 52. 1 Mont. Bpt. L. 10. (3) Wells v. Parker, IT. R. 34. Cooke, 52.; but see Sutton v. Weeley, 7 East, 446. (6) Burn, J. tit. Butter and Cheese. As to the butter trade in York, see 8 Geo. 1. c. 27. and in New Malton, 17 Geo. 2. c. 28.; and as to duties, see 56 Geo. 3. c. 25. and c. 26.; and as to the butter trade in Ireland, see (4) Sutton v. Weeley, 7 East, 52 Geo. 3. c. 134. and 53 Geo. 3. 443. (5) Stoutfield's case, 2 Mod. 77. Bac. Abr. tit. Tithes. c. 46.; and in Cork, sce 53 Geo. 3. cooper or other person who shall make any vessel for the packing of butter, shall make the same of good and well seasoned timber, and tight and not leaky, and shall groove in the heads and bottoms thereof, and every such vessel shall be a tub, firkin, or half firkin, and no other, and shall, when delivered by such cooper or person making the same, be of the weight and proportion, and capable of containing the several quantities of butter herein-after mentioned, viz. every tub shall weigh of itself, including the top and bottom, not less than 11lbs. nor more than 15 lbs. avoirdupois weight, and neither such top nor bottom shall be more than five eighths of an inch thick in any part thereof, and shall be capable of containing 84lb. average of butter, and not less; every firkin shall weigh of itself including the top and bottom, not less than 7 lbs. nor more than 11 lbs., and neither the top nor bottom shall be more than four-eighths of an inch thick in any part, and it shall be capable of containing not less than 56lbs. of butter; and every half firkin shall weigh of itself including the top and bottom, not less than 4 lbs. nor more than 6 lbs., and neither the top nor bottom shall be more than three-eighths of an inch thick in any part, and it shall be capable of containing not less than 28 lbs. of butter, on pain of forfeiture by the cooper or other person making the same, of 10s. for every such vessel (1). The avoirdupois weight is that by which the sale of butter is regulated, and a custom in a particular place, that every pound of butter shall weight 18 ozs. is bad, being contrary to the express provisions of the legislature, the object of which is to establish a uniformity of weights and measures (2) ; but it has never been decided that a custom to sell by a lump of a particular weight exceeding 16 ounces is invalid in law. The statute requires also, that every such maker of vessels, before any vessel shall go out of his possession, shall on the outside of the bottom, with an iron, brand his christian and surname at full length in permanent and legible letters, together with the exact weight or tare thereof, on the like penalty (3). And every such maker shall moreover, mark in like manner, in addition to his name, his place old statute, since repealed, export and see 9 Hen. 6. c. 8., an old act as to cheese. The existing provisions are stated in the text. (1) 36 Geo. 3. c. 86. s. 1. (2) Noble v. Durell, 3 Term Rep. 271. 4 T. R. 314. 750. (3) 36 Geo. 3. c. 86. s. 2. CHEESE. Packing of Butter. of abode or dwelling, in the following manner; víz. if he dwell in BUTTER AND a city or market town, then the name thereof; if in a village, township, liberty, hamlet, or other division of a parish, then the name of the parish wherein the same is situate; and if in an extraparochial place, then the name of the next adjoining parish, on pain of forfeiting 10s. for every default therein (1). And every factor or agent for buying or selling butter for others who shall buy, sell, or offer to sale, or have in his custody for sale, or shall order, consign, forward, or send any vessel containing butter for sale, which shall not be made and externally marked, and have the butter therein imprinted, according to law, shall forfeit 20s. (2). And every cheesemonger or seller, or dealer in butter on his own account, who shall offer for sale, or have in his possession for sale, any vessel containing such butter which shall not be externally marked as aforesaid, shall forfeit 10s. (3). As to the packing of butter, it is provided by the stat. 36 Geo. 3. c. 86., none of the provisions of which however extend to packing butter in any vessel not capable of containing more than 14 (4), that every dairyman or other person packing butter for sale, shall pack the same in vessels made and marked as just alluded to, and no other, and shall properly soak and season the vessels before packing; and when so soaked and seasoned, shall on the bottom thereof on the inside, and on the top on the outside, with aniron, brand his christian name and his surname at full length in permanent and legible letters, and also on the outside of the top and on the bouge or body thereof, the true weight or tare of the empty vessels when seasoned; and also his name in like manner on the bouge or body across two different staves at least, to prevent such staves from being taken out and changed; and also shall distinctly and at length imprint his christian name and surname upon the top of the butter contained in every such vessel when so filled, on pain of forfeiting £5 for every default thereof (5). A person packing butter for sale, is also required to pack in every tub not less than eighty-four pounds (exclusive of the tare of the cask), of good and merchantable butter; in a firkin, fifty-six pounds; in a half firkin twenty-eight pounds; and not to mix or pack up butter which is old or corrupt in any such vessel with that which is new and sound, nor weigh butter with that made of cream, but each sort of butter by itself; nor can (1) 38 Geo. 3. c. 73. s. 1. (2) Id. s. 2. (4) 36 Geo. 3. c. 86. s. 16. |