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Penalty on owner or master of a lighter, on board of which goods shall be found as herein described, unless proof is made that such were fairly come by.
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LIX. And whereas it frequently happens, that the goods, wares, and merchandizes put on board such lighter, boat, or other vessel, for the purpose of conveyance, are plundered, stolen, or purloined, by persons on board such lighter, boat, or other vessel, and it is always difficult, and sometimes impossible to identify such goods, wares, and merchandizes so plundered, stolen, or purloined, so as to convict the offenders: be it further enacted by the authority aforesaid, that if any quantity of goods, wares, or merchandizes, of a kind similar to those put on board such lighter, boat, or other vessel for conveyance as aforesaid, shall be found in any part of such lighter, boat, or other vessel, separate from the goods, wares, and merchandizes so put on board, or if any package, empty or full, broken or whole, similar to any of the packages in which any such goods, wares, or merchandizes shall be packed, shall be found in any part of said lighter, boat, or other vessel, in manner before mentioned, that it shall be lawful for the mayor of the city of Cork, and he is hereby required by his warrant under his hand and seal, to cause the owner or master of such lighter, boat, or other vessel, to be brought before him, and on due proof before the said mayor, on a summary hearing, on the oath or oaths of one or more credible witness or witnesses, (which oath or oaths the said mayor is hereby empowered to administer) of any quantity of goods, wares, or merchandizes, or any package being found on board such lighter, boat, or other vessel, in manner and under the circumstances herein before expressed, such owner or master shall forfeit a sum not exceeding twenty pounds, nor less than forty shillings, to be levied on the goods and chattels of such owner or master, by warrant under the hand and seal of the said mayor, and for want of sufficient goods and chattels to satisfy such distress, then it may be lawful for said mayor, by warrant under his hand and seal, and he is hereby required to commit such owner or master to the gaol of said city, there to remain without bail or mainprize for a space not more than six months, or less than three months; provided always, that if satisfactory proof be made before the said mayor, that the goods, wares, or merchandizes, or packages so found, were not part of the goods, wares, or merchandizes, or of the packages so put on board such lighter, boat, or other vessel, for the purpose of conveyance as aforesaid, but that the same were honestly and fairly come by, in such case the said mayor shall dismiss the said owner or master of such lighter, boat, or other vessel.
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