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Weigh-masters and deputies may search for counterfeit brands, and for butter casks, &c. marked therewith.
penalty on persons with whom such are found.
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XXI. And be it enacted by the authority aforesaid, That it shall and may be lawful for the said weigh-master or weigh-masters of said city, for the time being, his or their deputy or deputies, and he and they, and every of them is, and are hereby empowered and authorized, at any time of the day, to go and enter into all or any such houses, out-houses, cellars, yards, back-sides, or other places, as he or they shall have just cause to suspect, there to search for such false or counterfeit brand, mark, or figure or instrument as aforesaid, and for all butter or rendered hog’s lard, casks charged or suspected to be branded or marked therewith, and every person in whose custody any such butter or rendered hog’s lard, cask, charged or suspected to be branded or marked with any such false or counterfeit brand, mark, or figure, or instrument shall be found, shall, in case the said weigh-master or weigh-masters, his or their deputy or deputies, or any one of them, make oath before the mayor of said city, that he or they verily believe that the same was not branded or marked by him, them, or any of them, or by his or their orders, or by the orders of either of them, with his or their brand, mark or figure, (which oath the said mayor is hereby empowered and required to administer) shall forfeit for every such cask, the sum of ten shillings, to be levied by distress and sale of the goods and chattels of such offender, by warrant under the hand and seal of said mayor, (which warrant the said mayor is hereby empowered and required to issue) unless the person in whose custody such cask shall be found, shall prove by the oaths of two or more credible witnesses before the said mayor (which oaths the said mayor is hereby empowered and required to administer) that the same was regular branded or marked according to law, and in case such offender shall not have goods and chattels sufficient to answer such penalty, such offender shall, by warrant under the hand and seal of the said mayor (which warrant the said mayor it hereby empowered and required to issue,) be committed to the gaol of said city, there to remain without bail or mainprize for a space of time not exceeding one month, nor less than one week, at the discretion of the said mayor.
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