Page:Ruffhead - The Statutes at Large - vol 9.djvu/53

A.D. 1762. Witnesses or Evidence, as may appear proper for proving the Prices of the Grain, Meal or Flour in Question.

And be it further enacted by the Authority aforesaid, That such Proof shall only proceed upon the Oaths of two or more credible Witnesses, conversant in the Prices of the several Sorts of Grain, Meal or Flour, which shall be the Subject of such Inquiry, or by Writings legally proved; and that it shall and may be lawful to the said Magistrates and Justices of the Peace, within their respective Jurisdictions, to summon such Person or Persons as to them shall appear most proper for that Purpose, and to compel them to appear and give their Evidence; and that either by such Remedies, and under such Penalties as are provided by the said Act, in the Case of Persons duly summoned to give Evidence, touching the Rates and Prices of the several Sorts of Grain, Meal and Flour where the Return of the Prices of such Grain, Meal or Flour shall be suspected as not truly and bona fide made, or by such Remedies as are competent by the Common Law of Scotland, for compelling Witnesses to appear and give Evidence in any judicial Trial before a competent Court.

Provided always, That the Person or Persons so summoned, be not obliged to travel above five Miles from the Place of his, her or their Abode.

And be it further enacted by the Authority aforesaid, That the whole Evidence to be taken Evidence to be ingrossed as above, shall be fairly ingrossed in a Book to be kept for that Purpose, by the Town Clerks of the several Cities and Boroughs where such Process shall be taken by the Magistrates, or by the Clerk of the Peace where the Proof shall be taken by the justices of the Peace; and the Evidence as taken down in such Book shall be duly signed by the several Witnesses, and by the Magistrates or Justices of the Peace who shall take the same respectively, according to the Practice of the Law of Scotland; and that so often as such Proof shall be taken, the Magistrates or Justices of the Peace be whom the same shall be taken respectively, shall immediately after doling the Evidence, or as soon as it can conveniently be done, declare the Prices of the several Kinds of Grain, Meal or Flour, concerning which the Inquiry has been made, according as these shall appear to them to be proved, from considering the whole Evidence; and which Declaration shall be ingrossed in the and entered in the said Book appointed to be kept as aforesaid, immediately after the Evidence, and shall be signed by the Book, and signed by the Magistrates or Justices of the Peace respectively, before whom such Proof shall be taken; and which Book containing the Evidence and Declaration aforesaid, shall be open and patent to the Inspection of the Makers of Bread, and all other Persons, without Fee or Reward; and shall to all Intents and Purposes be deemed and taken to be equivalent to the Returns or Certificates of the Market Prices of all Kinds of Grain, Meal, Flour, appointed to be taken by the said Act: And the Magistrates and Justices of the Peace in that Part of Great Britain called Scotland shall thereupon proceed to set, ascertain and appoint the Assize and Weight of all Sorts of Bread, which shall be made for Sale, or exposed to Sale, and the Price to be paid for the same, within their respective Jurisdictions, when and as often, from time to time, as they shall think fit, according to the Directions, and agreeable to the Tables enacted and referred to by the said Act.

Provided always, and be it enacted by the Authority aforesaid, That when and so often as The Assize not liable to any Assize of Bread shall be let, ascertained and appointed, for any City, Borough or Place, within that Part of Great Britain called Scotland, by the Magistrates or Justices of the Peace impowered for that Purpose, such Assize shall not be limited to indure for any certain Time, but shall continue and stand in Force until a new Assize of Bread be set, ascertained and appointed by the said Magistrates or Justices of the Peace, for such City, Borough or Place respectively; any Thing in the aforesaid Act of the thirty-first Year of the Reign of his late Majesty to the contrary notwithstanding.

And be it further enacted by the Authority aforesaid, That upon an Application in Writing by any two or more of the Inhabitants or Bakers, within any City, Borough or County Proof where such Assize of Bread shall be set, to the Magistrates or Justices of the Peace who set the Assize, or to the Magistrates or Justices of the Peace of such City, Borough or County for the the said Grain, by any Time being, setting forth, and offering to prove, by proper Evidence, that the Price of any of two inhabitants or the Species of Grain before mentioned has rose or fallen since the last Assize of Bread was set, so as to authorise an Alteration of such last Assize, according to the aforesaid Act of his late Majesty, Assize and Tables therein referred to; in every such Case, the Magistrates or Justices of the Peace to whom such Application shall be made, shall within their respective Jurisdictions be obliged to take Evidence of the then current Prices, in the Manner before directed; and if upon advifing such fresh Evidence is to be Proof, they shall find such a Variation of the Prices since the last Assize, as described in the said Act, they shall immediately set and ascertain a new Assize of Bread, which shall remain till altered agreeable to the Directions herein before given.

VIII. And be it further enacted by the Authority aforesaid, That in case any Person or Persons shall be convicted of any of the Offences mentioned in the said Act, or in this present Act, before any Magistrate or Magistrates, Justice or Justices of the Peace, in that Part of Great Britain called Scotland, such Conviction shall proceed and be drawn up in the Form commonly used and practised before such Magistrates or Justices of the Peace, in Convictions for other Offences of the like Nature; any Thing in the said Act to the contrary notwithstanding.

IX. And whereas it may happen, that the Magistrates of some of the Cities or Boroughs in that Part of Great Britain called Scotland may neglect to execute the Powers committed to them, neglect their Duty in setting and appointing the Assize of Bread, within their respective Cities and Boroughs;' Be it