Page:Ruffhead - The Statutes at Large - vol 5.djvu/583

 A. D. 1724. Anno undccimo Ge org ri Regis. C. 24. 537 on every fuch Cloth, and (lamp his Name in plain Words at length thereupon, and in Figures plainly to be feen and known ftamp likewife the length and Breadth of every fuch Cloth, for which he fhall be paid by the Owner of every fuch Cloth, two Pence, one Penny whereof to be paid to the Treafurer oi Weft-Riding for the Time being, to be applied by Direction of the Juftices of the Peace at their Gene- ral Quarter-Seffions, towards the Salaries of Searchers by them to be appointed by Virtue of this Act ; and the Length and Number of Yards fo ftamped on fuch Seals, {hall be a Rule of Payment for every fuch Cloth by the Buyer of the fame : Provided, that if it fhall happen, that after any Cloth fhall have been milled, fealed and ftampt as aforefaid, any Part thereof fhall by any Accident be damaged and taken oft, fuch Part of the fame as fhall not be damnified, fhall be again meafured, fealed and ftampt, as i; before directed, and the faid Seal ftiall be affixed to that End of the Cloth from whence fuch Part was cut off". IV. And be it further enacted by the Authority aforefaid, That from and after the faid twenty-fourth Penalty en Mm- "Dzyofjune, if any Owner, Mafter, Occupier or Millman of any Fulling-Mill fhall refufe or neglect man ^■■■•i'm, to take the before mentioned Oath, or to fix fuch Seals at each End of every Wololen Broad Cloth, before &c - 5 '• it fhall be Carried from the Mill, in Manner and with fuch Samp or Impreffion as is before directed, and to enter in a Book to be kept by fuch Mafter, Owner, Occupier or Millman, a fair and true Regifter or Entry of the A4arks, Sort, Number, Length and Breadth of every fuch Cloth, or fhall refufe to permit and fuffer any Buyer or Searcher of Cloth to infpect the faid Book, in order to compare the Marks, Sorts, Number, Length, Breadth and Admeafurement of any or every fuch Cloth, wherein he or they are re- fpectively concerned, with fuch Book or Regifter, or if any Perfon or Perfons fhall afterwards take off fuch Seal or Seals, or deface, counterfeit or alter the fame, before the Cloth is fold to the Retailer in Great Britain, or is fent beyond the Seas, except the Millman who milled the faid Cloth, or fome other fworn Millman, who is in that Cafe alfo to regifter the fame in Manner as aforefaid ; every Perfon or Per- fons fo offending, being thereof lawfully convided upon the Oath of one or more credible Witnefs or Witneffes, before one or more fuch Juftice or Juftices for the faid Riding, or any Corporation within the fame, fhall for every fuch Neglect or Offence forfeit the Sum of five Pounds, to be recovered and diftri- buted as is afterwards provided for by this prefent Act. V. Provided, That in cafe fuch Merchant or Buyer fhall haveCaufe to fufpedt the real and true Lengths Buyer may wet and Breadths of fuch Cloth or Cloths not to be the fame as ftamped upon fuch Seal or Seals, fuch Mer- the Cloths, and chant or Buyer fhall and may for Proof thereof have the Liberty, within fix Days after Delivery thereof, meafure them, and upon two Days Notice given in Writing to the Seller or Maker of fuch Cloth, unlefs it be otherwife &c ' agreed by the mutual Confent of the Buyer and Seller, to put fuch Cloths into Water for any Time not exceeding four Hours, and afterwards to caufe the fame to be meafured by any two indifferent Perfons to be appointed and chofen, one by the Buyer and the other by the Seller of fuch Cloth ; and in Cafe they difagree in afcertaining the Length and Breadth of the faid Cloth ; then the faid Admeafurement fhall be made by a third Perfon, to be chofen and nominated by the faid two Peafons appointed as aforefaid ; and in cafe the faid two Perfons fhall neglect or refufe to choofe and nominate fuch third Perfon within the Space of two Hours, or if fuch third Perfon fo chofen fhall refufe or neglect to take upon him the Ad- meafurement of the faid Cloth at the Requeft of the Buyer or Seller thereof; then a fit Perfon fhall be no- minated and appointed by the next Juftice of the Peace or Chief Magiftrate of the Place where the faid Cloth fhall happen to be fold, to make fuch Admeafurement ; which faid Juftice of the Peace or Chief Magiftrate is hereby authorized and required to appoint and fwear fuch Perfon truly to admeafure the fame, and the Perfon fo appointed fhall be and is hereby obliged to be fworn, and to act for the Purpofes aforefaid, on Pain of forfeiting the Sum of forty Shillings, on Conviction before fuch Juftice of the Peace or Chief Magiftrate, to be levied by his Warrant by Diftrefs and Sale of the Goods and Chattels of fuch Offender; and if upon fuch Admeafurement laft mentioned there fhall be found a lefs or fmaller Quan- tity of Cloth in Length, or a lefs or fmaller Quantity in Breadth, in more than one fifth Part of the Length than is mentioned in the Seal or Seals before directed to be affixed to fuch Cloth, in every fuch Cafe every Clothier, Owner or Seller of fuch Cloth, fhall forfeit the fixth Part of the Value of every fuch Penalty for falfe Cloth to the Poor of the Parifh where fuch Cloth fhall be found to be defective ; and the faid Forfeiture Meaiiuc. fhall be paid by the Buyer of fuch Cloth to the Overfeer of the Poor of fuch Parifh, for their Ufe, and by fuch Buyer to be deducted and retained out of the Price of fuch Cloth fo found wanting in Meafure as aforefaid, upon paying for the fame, after Certificate of fuch Defect made by the Perfon or Perfons mea- furing the fame, and Oath made thereof by fuch Perfon and Perfons, before any Juftice of the Peace of the faid Riding or any Corporation within the fame ; which Oath in fuch Cafe, fuch Perfon and Perfons are required to make, and fuch Juftice is required to adminifter, and thereof to give a Certificate to fuch Perfon or Perfons taking the faid Oath, without Fee or Reward ; and all fuch Sums of Money which the Clothier, Owner or Seller of any fuch Cloth fhall forfeit and pay on Account of fuch fraudulent Seal or Seals of fuch Mafter, Owner, Occupier or Millman of fuch Mill, being fixed to the faid Cloth, fhall upon Demand, be repaid by the faid Mafter, Owner, Occupier or Millman of the faid Fulling-Mill, who affixed or caufed to be affixed the faid Seals to fuch Clothier, Owner or Seller of fuch Cloth, and upon Refufal to be recovered and levied as is herein after provided. VI. And be it enacted by the Authority aforefaid, That if upon fuch Admeafurement the Seals affixed MUlman to affix by the Millman are found not to contain the juft Lengths and Breadths of fuch Cloths, in fuch Cafe the new Seils - Clothier fhall be obliged to carry it back to the Millman, where it was before ftampt, in order to affix on the faid Cloths new Seals, to be made and affixed as aforefaid, which fhall contain the true Lengths and Breadths of the faid Cloth, and that the faid Meafurer or Meafurers fhall have and receive from the Tojl. V. Z z z. Buyer