Page:Ruffhead - The Statutes at Large - vol 6.djvu/764

 6c;8 Anno decimo nono Georgii II. A. D. 1746. The Seller liable to Penalties for Deficiency, After Notice of Dilfatisfaction, Perfon not to quit the Cart, till a Meter be procured. Perfons difqua- lined from be- ing Principals or Labouring Coal-meters. Penalties how to be recovered and applied. c 35. Agents ) be re-meafured, either in the Prefence of a Sea-coal-meter, from the Sea-coal-meters Offics in the City of London, or one of the Meters, or their Agents, appointed in purfuance of this Ac5t ; ,4 for which (hall be paid, for the Purpofes aforefaid, the Sum of four Pence, and no more, for every ^cLid.Jn? ' Chaldron ; and in cafe the Coals thus to be re-meafured, (hall not amount to the Meafure for which they were originally fold and meaiured, the Sellers of fuch Coals are hereby refpectively made liable to the Penalties and Punilhments inflicted, and to be recovered and applied in fuch Manner, and by fuch Ways and Means, as by the Laws now in Being, made for the Punifhment of Offences of this Sort, are direded. . . XIX. And it is hereby further enacted by the Authority aforelaid, 1 hat from and after Notice" fhall have been given in Writing to the Seller of fuch Coals, or to the Carman carrying, driving or leading the fame, and whilft luch Coals mail fo remain in their or either of their PoiTeflion or Power as aforefaid, of any fuch Diffatisfaction or Grievance as aforefaid, fuch Seller or Carman, in whofe Poffeffion or Power fuch Coals ihall at the Time of fuch Notice be, fhall not leave or de- part from the Cart in which fuch Coals ihall have been laden, but he and they (hall remain with the fame, and take all poffible Care both of the Coals and Cart, till a Meter or Meters, appointed in purfuance of this Act, can be procured to re-meafure fuch Coals ; and they are hereby reflective- ly required from time to time, with all convenient Speed, on Notice for that Purpofe to be de- livered or left at the faid Office, in Writing, in any of the faid Office Hours, to attend for that XX. Provided alfo, That no Perfon or Perfons whatfoever who fhall be a Seller of Coals, or Dealer in, or employed in the carrying of Coals, or a Wharfinger, or intereffed in any Wharf, fhall at any Time be capable of acting, or act, either as Principal or Labouring Coal-meter in vir- XXI. And it is hereby further enacted and declared by the Authority aforefaid, That the afore- faid feveral Forfeitures and Penalties impofed, and to be incurred by virtue of or under this prefent Act fhall be recovered and applied in the Manner, and to and for the Purpofes following (that is to fay) Such and fo many of the faid Forfeitures and Penalties as do and (hall exceed the Sum of five Pounds, by Action of Debt, Bill, Plaint or Information, in any of his faid Majefty's Courts of Record at Weflm'wjler ; the one Moiety of which faid Forfeitures and Penalties (that is, where each of them exceeds five Pounds ) (hall be to and for the Ufe of his faid Majefty, his Heirs and Suc- ceffors and the other Moiety thereof ( with Full Cofts of Suit ) to and for the Ufe of fuch Perfon or Perfons who (hall inform or fue for the fame : And all other the aforefaid Forfeitures and Penal- ties (hall be recovered by way of Complaint, made unto any one or more Juftice or Juftices of the Peace for the faid City and Liberty of fVeftminfter, or for the faid County of Middle/ex, who- is and are hereby required to call the Parties before him or them, and to hear and examine fuch Complaint on Oath or upon Affirmation ( in cafe any Teftimony in this Refpect fhall be given by any of the People called Quakers, and which Oath or Affirmation fuch Juftices are hereby refpectively required and impoweredto adminifter and take) and upon due Proof thereof made to his or their Satis- faction to grant a Warrant or Warrants under his or their Hand and Seal, or Hands and Seals, for levying fuch Forfeitures and Penalties accordingly ; the one Moiety thereof to and for the Ufe of the Informer and the other Moiety thereof to and for the Ufe of the Poor of the Parifh in which, fuch Offence's fhall have been refpectively committed ; and in cafe fuch Forfeitures or Penalties fhall not (after fuch Conviction or Convictions) be forthwith paid ; that then the fame fhall be levied by Diftrefs and Sale of the Goods and Chatties of the refpective Offenders, by Warrant or Warrants under the Hand and Seal, or Hands and Seals of fuch Juftice or Juftices of the Peace, before whom fuch Offender or Offenders (hall be convicted, rendering the Overplus (if any be) to fuch Offender or Offenders • and for want of fufficient Diftrefs or Diftreffes, fuch Offender or Offenders (hall be commit- ted to the Houfe of Correction, for any Time not exceeding thirty Days, and not lefs than fourteen Days, there to remain and be kept to hard Labour. XXII. Provided alfo, and it is hereby further enacted and declared, That if any Perfon fo con- victed as aforefaid, fhall think himfelf aggrieved, he may appeal to the General Quarter-Seffions. of the Peace to be held for the faid County of Middle [ex next after fuch Conviction (but not after- wards ) and that Seffions, when fo appealed to, fhall, at the then next Seffions after bringing fuch Appeal hear and finally determine the fame ; and if the Appellant in fuch Appeal, fhall not make pood fupport and fucceed in fuch his Appeal, or profecute the fame with Effect, the faid Court of Seffions fhall then award fuch Cofts as they (hall think reafonable, to be then and there, in open Court ' with the Penalty adjudged on and by fuch Conviction, paid to the Profecutor or Informer, and for want thereof, to commit the Perfon or Perfons, thus appealing, to the common Gaol of and for the faid County of Middle/ex, and there to remain until he or they ihall and do make actual Pay- ment of fuch Cofts and Penalty, to the Perfon or Perfons to whom the fame (hall be awarded, for the Purpofes aforefaid ; but in cafe the faid Appellant (hall make good, fupport and fucceed in fuch his Appeal and be acquitted of his Conviction, the fame Court (hall, in that Cafe, award to fuch Appellant reafonable Cofts, to be then and there, in open Court, paid to him or them, by the Per- fon or Perfons on whofe Information or Profecution fuch Conviction (hall have been founded or made ; and for want of fuch Payment, the faid Court of Seffions fhall commit fuch Informers and Profecutors refpectively to the common Gaol of the faid County of Middle/ex, there to remain until he or they (hall and do actually pay to fuch Appellant the Cofts fo refpectively awarded to them as aforefaid ; but no Conviction, to be pronounced or made by virtue of or under this Act, fhall be quafhed or vacated for want of Form only. XXIII. And Appeal to the Seffions. The Court to awa/dCofts, &c. ■4>nvic>ion not to be quafhed •*or -want of form only.