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CHAP. C.
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Vide local acts, 53 G. 3. c. 70.
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An Act for the better Regulation of the Butter Trade of the City of Cork, and the Liberties thereof, and for the better Regulation of the said City in the other Matters therein mentioned, and in respect to Lighters and Vessels plying for Hire, and also respecting Sedan Chairs, Coaches, and Chaises plying for Hire within the City and Liberties of the City of Cork.
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Recital 10 G. 1.
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Said act was amended by 21 G. 1. and both were continued by various subsequent acts herein recited.
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No part of recited act 10 G. I relating to butter, butter-casks hides, or calf skins, shall be in force in city of Cork, except so much as relates to appointment of weigh-masters.
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WHEREAS an act passed in the tenth year of his late Majesty, King George the first, entitled, An Act for continuing and amending of the laws in relation to butter and tallow, and the casks in which such goods are to be made up, and in relation to the curing of hides, and making up of beef and pork for exportation, and for the preventing the destruction of salmon, which said act was explained and amended by another act, made in the twelfth year of the late King George the first, entitled, An Act for explaining and amending an act, entitled, An act for continuing and amending of the laws relating to butter and tallow, and the casks in which such goods are to be made up, and in relation to the curing of hides, and making up of beef and pork for exportation, and for preventing the destruction of salmon, which said acts have been amended, and further continued by several acts to the end of the session of parliament in the twenty-fifth year of his late Majesty King George the second, and by an act made in this kingdom in the said twenty-fifth year of his said late Majesty’s reign, entitled, An Act for reviving, continuing, and amending several temporary statutes, the said acts were amended, and further continued to the twenty-ninth day of September, in the year one thousand seven hundred and sixty-nine, and from thence to the end of the then next session of parliament; and by an act passed in the fifth year of his present Majesty, entitled, An act for continuing, reviving, and amending several temporary statutes, and for empowering the grand jury of the county of Kilkenny, at the assizes, to encrease the salary of the treasurer of the county, the said last recited act, so far as it relates to the continuing and amending the said laws in relation to butter and tallow, and the casks in which such goods are to be made up, and for the curing of hides, and making up beef and pork for exportation, with the several alterations and amendments therein contained, was continued until the twenty-ninth day of September, in the year one thousand seven hundred and ninety-one, and from thence to the end of the then next session of parliament; and by an act passed in the thirty-first year of his present Majesty, entitled, An Act for continuing an act passed in the tenth year of King George the first, for continuing and amending of the laws in relation to butter and tallow, and the casks in which such goods are to be made up, and in relation to the curing of hides, and making up of beef and pork for exportation, and for the preventing the destruction of salmon, the said last recited act, so far as it relates to the continuing and amending the said laws in relation to butter and tallow, and the casks in which such goods are to be made up, and for the curing of hides, and making up beef and pork for exportation, with the several alterations and amendments therein contained, was further continued to the twenty-ninth day of September which will be in the year one thousand eight hundred and twelve, and from thence to the end of the then next session of parliament, which said last recited act so far as it relates to butter, and the casks in which it is to be made up, and the curing of hides and calf skins, has been found in many points inexpedient for the city of Cork, which is a place of great trade and export, and it is become necessary to reduce and digest the several provision and regulations in the said former acts contained, so far as they relate to the butter trade of said city, and the liberties thereof, and the casks in which such butter is to be made up, and to the curing of hides and calf skins, within said city and the liberties thereof, into one act, with such alterations and amendments as are herein after contained; be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that from and after the passing of this act, no part of said last mentioned act, which relates to butter, and the casks in which such butter is to be made up, or to the curing of hides or calf skins, shall extend to, or be in force within the city or liberties of Cork, but that the same, so far as it relates to the butter trade of said city and liberties, and the casks in which such butter is to be made up and the curing of hides and calf skins within said city and the liberties thereof, shall be, and is hereby repealed, and from hence-forth shall be, and is hereby declared null and void to all intents and purposes whatsoever, save and except so much of said act as empowers his Majesty, his heirs and successors, to appoint one or more person or persons to be weigh-master or weigh-masters of said city of Cork.
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Duty of present weigh-masters, and their successors.
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II. And whereas his Majesty, in pursuance of the powers vested in him by the lasted recited act, has been pleased to appoint and nominate the honorable Thomas Knox, Thomas Burgh, and Mountiford Longfield, esquires, to be weigh-masters of said city; be it further enacted by the authority aforesaid, That the said weigh-masters, and their successor and successors in said office to be nominated and appointed pursuant to said act, shall provide a sufficient and convenient weigh-house or weigh-houses within said city, or the suburbs thereof, and shall also provide beams, scales, weights, branding irons, and other necessaries, at their own proper costs and charges, and shall attend at their respective weigh-house or weigh houses, by themselves, or by a sufficient deputy or deputies, every day in the weak, (Sundays, Christmas-day, saint Stephen’s-day, and New Year’s-day excepted) from six of the clock in the morning until one, and from two in the afternoon until seven, from the twenty-fifth day of March until the twenty-ninth day of September, and from thence until the twenty-fifth day of March, from eight of the clock in the morning until one, and from two in the afternoon until four, and then and there weigh, brand, and mark all such butter and empty casks as by the said act they are required.
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How long the present weigh-masters shall hold their office.
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III. And be it enacted by the authority aforesaid, That the said weigh-masters, their successor or successors, and every of them shall, until the end and expiration of this act, hold and enjoy such his and their office of weigh-master or weigh-masters of said city during his and their good behaviour, or until such time as he or they, his or their deputy or deputies shall, in manner herein after mentioned, before the mayor, aldermen, and common council of said city, be convicted of having acted contrary to the duty of his or their office.
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The corporation may dismiss weigh-masters or their deputies, upon proof of misbehaviour
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IV. And be it enacted by the authority aforesaid, That the mayor, aldermen, and common council of said city, shall and may upon full proof of the misbehaviour of said weigh-masters, their successor or successors, his or their deputy or deputies, or any of them, in his or their office, upon full hearing of him or them, or upon his or their being duly summoned, and neglecting to appear, by writing under the hand and seal of said mayor, remove the said weigh-masters, their successor or successors, or any of them.
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Weigh-masters, or persons complaining of them may appeal to justice of assize whose decisions shall be final.
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V. And be it enacted by the authority aforesaid, That if said weigh-masters, their successor or successors, or any of them so removed, or the person or persons complaining of him or them, shall think him or themselves aggrieved by the determination of the said mayor, aldermen, and common council, it shall and may be lawful for the party who shall think himself so aggrieved to apply by petition to the justice or justices of assize for the county of the said city, in his or their next circuit, who is and are hereby empowered and required to hear, and finally determine the matter of such petition, and to restore said weigh-masters, their successor or successors, or any of them, if unduly removed, or to remove him or them, or any of them, if the complaint be thought Just, by warrant under his or their hand and seal, or hands and seals, and at his or their discretion to award reasonable costs to the party, who, upon hearing such petition, shall appear to be aggrieved, which costs shall be paid by the party against whom the same shall be awarded, within a time to be appointed by such justice or justices of assize, and in default of such payment, the pasty against whom such costs are awarded shall be committed until the same are paid.
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Bonds to be entered into by successors of present weigh-masters.
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VI. And be it enacted by the authority aforesaid, That the successor and successors of the present weigh-masters shall, before he or they shall enter on the execution of said office, perfect a bond with sufficient security to the mayor of said city, of such penalty as the mayor shall think reasonable, not exceeding five hundred pounds, nor less than twenty pounds, for his or their true and faithful performance and execution of his or their office, and that they or the deputy or deputies to be by them employed, shall take before the said mayor the oath following.
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Weigh-master or deputy’s oath.
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I A. B. do swear, that I will diligently and faithfully execute the office of public weigh-master of the city of Cork, or deputy weigh-master (as the case shall be); during the time I shall continue in the said office, I will take care truly without fraud or delay, to weigh all butter, and to weigh and brand all casks, and to weigh all hides and calf skins in such order as the said goods shall be brought to me to be weighed or branded, and in all other respects I will truly execute my said charge.
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Which oath the said mayor is hereby empowered to administer.
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Bond perfected and oath taken, by present weigh masters, shall be obligatry on them.
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VII. And be it enacted by the authority aforesaid, That the bond which they the said Thomas Knox, Thomas Burgh, and Mountiford Longfield, have already perfected for the due execution of their office, and the oath which they have already taken on entering on the office of weigh-masters of said city, pursuant to the last recited act, shall be deemed, and are hereby declared to be sufficient to oblige them to the observance of all the provisions of this present act.
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5l. penalty on weigh-master for non-attendance.
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VIII. And be it further enacted by the authority aforesaid, That if the weigh-master or weigh-masters of said city of Cork for the time being, or his or their deputy or deputies, shall neglect or refuse to attend on the days, and during the respective times hereby appointed, said weigh-master or weigh-masters, or his or their deputy or deputies, shall for each offence of himself or themselves, forfeit the sum of five pounds, to be recovered by such person or persons who shall sue for the same by civil bill in the county, said city.
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In what case a deputy weigh-master may be removed by the mayor of Cork.
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IX. And be it enacted by the authority aforesaid, That the mayor of the city of Cork, in the absence of the weigh-master or weigh-masters of the said city for the time being, for the said city, shall and may upon full proof of the misbehaviour of such deputy or deputies then appointed, or who shall hereafter be appointed by the weigh-master, or weigh-masters for the time being of said city, either upon due proof, or full hearing of him or them, or upon his or their being duly summoned, and neglecting to appear before the said mayor, have power to remove such deputy or deputies from his or their office or offices, and to nominate and appoint another, or others to act in his or their stead during the absence of such weigh-master or weigh-masters as aforesaid, from the said city.
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How casks shall be made in which butter or rendered hog’s lard shall be exposed for sale.
Butter not to be weighed or branded, except in casks made as hereby directed.
No person shall buy or sell empty butter casks until they are weighed and branded.
Allowances to be made on weighing casks.
Penalty for buying or selling casks not weighed or branded.
Casks of butter brought to be weighed, which are not branded as directed, shall be stripped.
Weigh-masters may use additional brands.
Coopers names and residence on casks, penalties as herein.
Penalties on weigh-masters for branding casks not made as directed, or for branding falsely.
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X. And be it enacted by the authority aforesaid, That no person or persons shall sell or expose to sale any cask or casks within said city or liberties for packing of butter, nor any rendered hog’s lard for sale, or shall make up or pack any butter or rendered hog’s lard in any cask or casks to be exposed to sale in said city or liberties, unless such cask or casks be made of good seasoned oak, ash, sycamore, or beech, whereof no part to be bog timber, and shall be made tight, so that they shall hold pickle, with head and bottom equally dooled and set to the cross, with twelve good sufficient hoops on each cask, all well twigged with good fresh ozier twiggs, and that every person so selling or exposing to sale any cask or casks for packing of butter or rendered hog’s lard within said city and liberties, made otherwise than as herein directed, or not being of the weight herein after-required, or not having the staves, head, and bottom thereof of the thickness herein after required, being thereof convicted before the mayor of said city, on a summary hearing by the oath or oaths of one or more credible witness or witnesses, (which oath or oaths the said mayor is hereby empowered and required to administer;) or upon the confession of such offender before the said mayor, shall, for every such cask, forfeit the sum of five shillings, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor, (which, warrant the said mayor is hereby empowered and required to issue;) and in case such offender shall not have sufficient goods and chattels to satisfy such penalty, then such offender, by warrant under the hand and seal of said mayor, (which warrant he is hereby empowered and required to issue) shall 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 said mayor; and every person making up or packing any butter or rendered hog’s lard, to be exposed to sale within said city or liberties, in any cask or casks made otherwise than as herein directed, or not being of the weight herein after required, or not having the staves, head and bottom thereof of the thickness herein after required, being thereof convicted by the oath or oaths of one or more credible witness or witnesses before the said mayor (which oath the mayor is hereby empowered and required to administer,) or upon confession of such offender before the said mayor, shall forfeit the sum of ten shillings tor every hundred and twelve pounds weight of butter or rendered hog’s lard, and so in proportion for every less quantity which shall be in such cask or casks, to be recovered by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor (which warrant said mayor is hereby empowered and required to issue) and in case such offender shall not have goods and chattels sufficient to satisfy such penalty, then such offender shall, by warrant under the hand and seal of said mayor, (which warrant he is hereby empowered and required to issue) be committed to the gaol of said city, there to remain without ball or mainprize for a space of time not exceeding one month, nor less than one week, at the discretion of the said mayor; and that the weigh-master or weigh-masters of said city, for the time being, his or their deputy or deputies, shall not weigh or brand such butter until the same shall be made up in casks made according to the directions of this act, and no person shall buy or sell, or expose to sale, any empty cask or casks for packing of butter or rendered hog’s lard within said city or liberties, before such cask or casks shall be weighed and branded by the said weigh-master or weigh-masters, his or their deputy or deputies, which said weigh-master or weigh-masters, his or their deputy or deputies, shall be, and is, and are hereby empowered and required to weigh all such empty casks, and to allow, on account of soakage, two pounds more on each cask, which shall contain fifty-six pounds weight of neat butter or rendered hog’s lard, and four pounds for every cask which shall contain one hundred and twelve pounds of neat butter or rendered hog’s lard, and so in proportion for every greater or less size, the weight of which empty cask, with the allowance of soakage aforesaid, the said weigh-master or weigh-masters, his or their deputy or deputies, is, and are hereby required to brand on the side and bottom of every such empty cask or casks, in figures, and not in letters; and in case any person shall buy, sell, or expose to sale within said city or liberties, any empty cask or casks, not weighed and branded as aforesaid, every such person being thereof convicted before the said mayor, by the oath or oaths of one or more credible witness or witnesses (which oath or oaths the said mayor is hereby empowered and required to administer,) or upon the confession of such offender, shall forfeit the sum of ten shillings for every cask so bought, sold, or exposed to sale as aforesaid, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of said mayor, (which warrant the said mayor is hereby empowered and required to issue,) and in case such offender shall not have goods and chattels sufficient to satisfy such penalty, then such offender shall, by warrant under the hand and seal of said mayor, (which warrant the said mayor is 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; and whenever any cask or casks of butter shall be brought to any of the said weigh-masters of said city, for the purpose of being weighed, which shall not have the tare branded and marked upon the side and bottom of such cask or casks as aforesaid, by the said weigh-master or weigh-masters, his or their deputy or deputies, that then it shall be lawful for the said weigh-master or weigh-masters, his or their deputy or deputies, and he and they is and are hereby required to cause such cask or casks to be stripped, and shall weigh and brand the same in like manner as if such cask or casks had been brought empty to such weigh-house, but they shall not give any allowance for soakage on any such cask; and it shall be lawful for said weigh-master or weigh-masters, his or their deputy or deputies, to use any other brand or mark in addition to the above, which the said weigh-master or weigh-masters shall think least liable to be counterfeited, and all empty cask or casks, or cask or casks full of butter, which shall be brought to any of the weigh-houses of said city to be weighed and branded, shall have the name of the cooper who made such cask or casks, and of his residence, branded in a legible manner on some conspicuous part of it or them; and in case any empty cask or casks, or cask or casks full of butter, shall be brought to any of the said weigh-houses to be weighed and branded as aforesaid, not having the name of the cooper and of his residence branded on it or them, in manner aforesaid, the said weigh-master or weigh-masters, his or their deputy or deputies, is, and are hereby required and empowered to seize and carry such empty cask or casks, or such cask or casks full of butter before the said mayor, who is hereby empowered and required to enquire into the same; and if such cask or casks shall, upon examination, inspection, or due proof, appear not to be branded with the name of said cooper and of his residence as aforesaid, he shall adjudge such empty cask or casks to be forfeited, and the person to whom such cask or casks full of butter shall belong shall forfeit the sum of ten shillings for every hundred weight of butter which such cask or casks shall contain, and the said mayor is hereby empowered and required to detain such cask or casks full of butter, until such penalty shall be satisfied; and if such penalty shall not be satisfied within fourteen days, the said mayor is hereby empowered and required to cause such cask or casks of butter to be sold by public auction, and shall, out of the money for which the same shall be sold, deduct such penalty, and the reasonable expences of such auction, such penalty to be disposed of as the other penalties to be levied under this act are hereby ordered, and shall pay the overplus to the owner of such cask or casks of butter: and in case the said weigh-master or weigh-masters, his or their deputy or deputies, shall weigh and brand any cask or casks not made as herein, or not being of the weight herein after directed, or not having the staves, bottom, and head thereof of the thickness herein after required, or not branded with the name of the cooper and his residence, as herein required, or shall mark or brand any cask falsely as containing more or less than the true weight, such weigh-master or weigh-masters, his or their deputy or deputies, being thereof convicted before the mayor of the said city, on the oath or oaths of one or more credible witness or witnesses, (which oath or oaths the said mayor is hereby empowered and required to administer,) shall, for every such cask not made or branded as herein is directed, or not being of the weight herein after prescribed, or not having the staves, bottom, and head thereof of the thickness herein after required, so weighed and branded by him or them, forfeit the sum of five, shillings; and for every cask so marked or branded falsely, the sum of ten shillings, to be levied by distress and sale of the goods and chattels of such offender or offenders, by warrant under the hand and seal of said mayor, (which warrant the said mayor is hereby empowered and required to issue.)
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All casks of butter for sale, shall he tried, weighed, and proved by weigh-master.
Merchantable butter to be weighed and branded as herein.
Casks not to be branded with numerical letters.
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XI. And be it enacted by the authority aforesaid, That all and every cask and casks of butter which shall be brought into the said city or liberties thereof for sale, shall, before the same is sold or exposed to sale in said city or liberties, be brought to some one of the weigh-houses, aforesaid, there to be tried, weighed, and proved by said weigh-master or weigh-masters of said city, for the time being, his or their deputy or deputies, who is, and are hereby required strictly to inspect the same; and before he or they mark or brand the same, to see that such butter be merchantable, and in case any such butter shall not appear to be merchantable, said weigh-master or weigh-masters, his or their deputy or deputies, are hereby empowered and required to seize the same, and to carry it, with the person who brought same to be weighed, before the mayor of said city, who is hereby empowered and required to enquire into the same, and if such butter shall upon examination, inspection, or due proof, appear to him to be unmerchantable, he shall adjudge the same to be forfeited, and if said mayor shall be doubtful of the quality of such butter, or if either party require the same, the said mayor is hereby empowered and required to summon, examine, and hear upon oath, (which oath the said mayor is hereby empowered and required to administer) two able merchants of said city, in relation to the nature and quality of such butter, that he may be better able to determine concerning the same; and when such butter so brought to be weighed pursuant to this act, shall appear to said weigh-master or weigh-masters, his or their deputy or deputies, to be merchantable, said weigh-master or weigh-masters, his or their deputy or deputies, shall and is, and are hereby required to weigh the same, and to brand and mark on the bottom and side of each cask the gross weight thereof, in figures, and not in numerical letters; and also to brand on the side of each cask, the word (Cork) and to use any other brand or mark in addition to the above which the said weigh-master or weigh masters shall think least liable to be counterfeited; and in case the said weigh-master or weigh-masters, his or their deputy or deputies, shall make use of numerical letters in branding any empty cask or casks, or cask or casks full of butter, such weigh-master or weigh-masters, his or their deputy or deputies being thereof convicted by the oath or oaths of one or more credible witness or witnesses, before the said mayor, (which oath or oaths the said mayor is hereby empowered and required to administer) shall forfeit the sum of five shillings for every cask so branded, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of said mayor, which warrant the said mayor is hereby empowered and required to issue.
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Butter improperly packed shall be brought before the mayor, who shall proceed as herein directed.
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XII. And be it enacted by the authority aforesaid, That if any person or persons whatsoever shall, in any cask pack up or mix old butter with new, or use bay salt instead of white in packing it, or greater quantities of salt than what melts in working it up, and shall bring the same to any of the said weigh-houses, that it may and shall 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 is and are hereby empowered and required to seize and carry such cask of butter, with the person who brought the same to be weighed, before the mayor of the said city, who is hereby empowered and required to enquire into the same, and if such cask shall, upon examination, inspection, or due proof appear to him to contain old butter mixed with new, or that bay salt instead of white has been used in packing such butter, or that greater quantities of salt than what melts in it hath been used in packing it up, he shall adjudge such cask or casks, with the butter contained therein, to be forfeited; and if said mayor shall be doubtful concerning such butter, or if either party require it, the said mayor is hereby empowered and required to summon, examine, and hear upon oath, (which oath the said mayor is hereby empowered and required to administer) two able merchants of said city, in relation to the nature and quality of such butter, that he may be the better able to determine concerning the same.
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Fees to be paid to weigh-master.
Weight of empty casks.
goods may be detained for fees,
staves, heads, and bottoms of casks,
butter not to be above the riddle,
proportionate weights of casks.
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XIII. And be it enacted by the authority aforesaid, That whereas the weighing, examining, and branding such empty cask and casks of butter are attended with great expence and trouble, the weigh-master or weigh-masters of said city, for the time being, shall have and receive from the person bringing the same to be weighed and branded, the sum of one penny, and no more, for every such empty cask so weighed and branded, and for weighing and branding the tare on every cask which shall be shipped pursuant to this act one penny; and for the weighing and branding every cask of butter, not weighing more than one hundred weight, gross, one penny; and for the weighing and branding of every cask of butter weighing more than one hundred weight, gross, and not more than one hundred and an half weight, gross, three halfpence; and for the weighing and branding of every cask of butter which shall weigh more than one hundred and an half weight, gross, two-pence; and for shipping every cask of butter pursuant to this act, one penny; and that the said weigh-master or weigh-masters, his or their deputy or deputies shall not brand any empty cask, which when full of butter, or rendered hog’s lard, may weigh one hundred weight, gross, or any cask, which shall be shipped at any of the said weigh-houses pursuant to this act, that when full of butter may weigh one hundred weight, gross, that shall weigh less than twenty pounds, and so in proportion for every cask which when full of butter, or rendered hog’s lard, may be of a greater or less gross weight; and that upon refusal to pay the above fees for the aforesaid goods, by the persons bringing the same to be weighed, it shall and may be lawful for the said weigh-master or weigh-masters, his or their deputy or deputies, to detain such goods until satisfaction be made according to the true intent and meaning of this act; and that every cask shall have the staves thereof as nearly of an equal thickness as may be, and that the head and bottom of such cask shall be of a due thickness in proportion to the size of such cask; and if any cask of butter, which shall be brought to any of the weigh-houses of said city of Cork, shall have the butter packed in it above the riddle of such cask, such cask of butter shall not be weighed until the surface of such butter shall be reduced to a level with the lower edge of such riddle; and in case the tare marked on any cask of butter which shall be brought to any of the weigh-houses of the said city to be weighed, shall not be in the proportion aforesaid, to the gross weight of such cask, it shall be lawful for the said weigh-master or weigh-masters, his or their deputy or deputies, and he and they are hereby required to erase such tare from such cask, and to mark and brand thereon such tare as shall bear that proportion to the gross weight thereof which by this act is required.
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Butter for sale to be brought directly to weigh-houses, otherwise seized.
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XIV. And be it enacted by the authority aforesaid, That every cask packed with butter, which shall be brought into the said city, or the suburbs thereof for sale, shall be carried directly to some one of said weigh-houses, which are hereby declared to be public markets for the buying and selling of butter in casks within said city, and there be tried, weighed, and branded before the same shall be lodged in any house, out-house, cellar, yard, backside, or other place within said city or suburbs, and if any cask packed with butter, shall be found lodged in any house, out-house, cellar, yard, backside, or other place within said city or suburbs, before the same has been carried to some one of said weigh-houses, and there tried, weighed, and branded, every such cask of butter shall and may be seized by the said weigh-master or weigh-masters of said city for the time being, his or their deputy or deputies, and carried before the mayor of said city, who shall enquire into the same; and if it shall appear upon examination or proof, that such cask of butter was found lodged as aforesaid, before the same had been carried to some one of said weigh-houses, and there tried, weighed, and branded, it shall be adjudged forfeited.
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Weigh-masters may search for butter lodged without being brought to a weigh-house.
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XV. And be it enacted by the authority aforesaid, That the said weigh-master or weigh-masters for the time being, of said city, his or their deputy or deputies, being thereunto authorized by a warrant under the hand and seal of the mayor; or a justice of the peace of said city, who are hereby empowered and required to grant such warrant upon due information upon oath, (which oath they are hereby empowered and required to administer shall have power and authority, and is and are hereby empowered and authorized at any time of the day to go and enter into all such houses, out-houses, cellars, yards, backsides, or other places within said city or the suburbs thereof, where they or either of them shall have just cause to suspect any cask packed with butter to be lodged, before the same hath been carried to one of said weigh-houses, and there tried, weighed, and branded, pursuant to this act, and to search for such cask, and the same to secure and put into one of the said weigh-houses, there to remain until it shall be disposed of according to the true intent and meaning of this act.
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Penalty on Persons who try, buy, or sell casks of butter not branded as directed.
penalty for not returning butter into cavity from whence it was boared.
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XVI. And be it enacted by the authority aforesaid, That if any cask or casks of butter shall be tried or bored at any other place, save only at one of the said weigh-houses, or bought, sold, or exposed to sale within said city, or the liberties thereof, before the same shall have been duly tried, weighed, and branded, at one of the weigh-houses of said city, pursuant to the directions of this act both the buyer and seller of such cask, or the person or persons so trying or boring such cask or casks of butter, and the person or persons so buying, selling, or exposing to sale such cask or casks of butter, before the same shall have been duly tried, weighed, and branded as aforesaid, being thereof convicted before the mayor of said city, by the oath or oaths of one or more credible witness or witnesses, (which oath or oaths the said mayor is hereby empowered and required to administer) or on the confession of the party or parties before the said mayor, shall each of them forfeit for each cask of butter so tried, bored, bought, sold, or exposed to sale, the sum of twenty shillings, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor, (which warrant the said mayor is hereby empowered and required to issue), and in case such offender or offenders shall not have goods and chattels sufficient to answer the said penalty or penalties, such offender or offenders shall be committed to the gaol of said city, by warrant under the hand and seal of said mayor, (which warrant he is hereby empowered and required to issue) there to remain without bail or mainprize for a space of time not exceeding two months, or for less than one week, at the discretion of said mayor; and if any person or persons who shall bore any cask or casks of butter within said city, or the liberties thereof, shall not return the butter taken out by such boring into its proper cavity in such cask or casks, such person or persons being thereof convicted before the said mayor, by the oath or oaths of one or more credible witness or witnesses, (which oath or oaths the said mayor is hereby empowered and required to adminiser) shall forfeit for every such cask the sum of ten shillings, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of said mayor, (which warrant he is hereby empowered and required to issue); and in case such offender or offenders shall not have goods and chattels sufficient to answer such penalty, then such offender or offenders shall be committed by warrant, under the hand and seal of said mayor, (which warrant he is hereby empowered and required to issue), 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 said mayor.
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Penalty for buying or selling butter otherwise than as herein directed.
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XVII. And be it enacted by the authority aforesaid, That all and every person or persons who shall either buy or sell any cask or casks of butter, at any greater or less tare, or shall take or give any greater or less allowance than the tare and allowance for soakage branded on such cask or casks of butter, or who shall buy any cask or casks of butter by hand, and not by weight, such person or persons so buying or selling at a greater or less tare or allowance than as aforesaid, notwithstanding any contract between them and such person so buying by hand, and not by weight, on being convicted thereof before the mayor of said city, by the oath or oaths of one or more credible witness or witnesses, (which oath the said mayor is hereby empowered and required to administer), or on the confession of the party or parties before the said mayor, shall each of them forfeit the sum of ten shillings, to be levied by distress and sale of the goods and chattels of such offender or offenders by warrant under the hand and seal of said mayor, (which warrant the said mayor is hereby empowered and required to issue); and in case such offender or offenders shall not have goods and chattels sufficient to answer the said penalty or penalties, such offender or offenders shall by warrant under the hand and seal of the said mayor, (which warrant the said mayor is 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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Butter bought by weigh-masters, or any person in their employment, shall be forfeited or the value thereof
no publican or cooper shall
be a weigh-master or deputy.
weigh-master or deputy, &c. may have one cask of butter.
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XVIII. And be it enacted by the authority aforesaid, That the said weigh-master or weigh-masters of said city for the time being, his or their deputy or deputies, or any cooper or other person employed in any of the said weigh-houses of said city, or any person in trust for him, them, or any of them, shall not buy, sell, contract, or treat for any cask or casks of butter, and in case the said weigh-master or weigh-masters, his or their deputy or deputies, such cooper or other person so employed in any of the said weigh-houses, or any person in trust for him, them, or any of them, shall buy, sell, contract, or treat for any cask or casks of butter, the said weigh-master or weigh-masters, his or their deputy or deputies, such cooper or other person so employed in any of the said weigh-houses, being thereof convicted before the mayor of said city, on the oath or oaths of one or more credible witness or witnesses, (which oath oaths the mayor is hereby empowered and required to administer), shall forfeit the butter so bought or sold by him, them, or any of them, or by any person in trust for him, them, or any of them, or the value thereof, to be recovered in like manner as the penalty for buying butter by hand, and not by weight, is hereby directed; and that no person who keeps a public house nor any cooper during the time such cooper shall exercise and follow the trade or mystery of a cooper, or shall employ any apprentice, or other person in making casks for packing up butter, or rendered hog’s lard, for his use, or in trust for him, shall be capable of being a weigh-master or deputy weigh-master of said city, for weighing of butter; tallow, hides, or calf-skins, within the meaning of this act, any thing in this act, or any former law to the contrary notwithstanding; provided always, that nothing herein contained shall preclude such weigh-master or weigh-masters, his or their deputy or deputies, or such cooper or other person, from purchasing and having in his possession, one cask of butter at a time, for the use of his or their family or families, and no more.
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Casks of butter or hog’s lard shipped for exportation without being branded, shall be seized, and carried before the mayor,
penalty on revenue officers for suffering unbranded casks to be shipped.
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XIX. And be it enacted by the authority aforesaid, That if any person shall attempt to load or put on board any ship, boat, or vessel in the river of the city of Cork, in order to be exported, any cask or casks of butter, or rendered hog’s lard, not marked and branded as by this act is required, it shall be lawful for the land-waiter or land-waiters of said city, or any other revenue officer entrusted with the putting on board any ship, boat, or vessel in said river as aforesaid, any cask or casks of butter, or rendered hog’s lard for exportation, and they are hereby required to seize any cask or casks of butter, or rendered hog’s lard not marked and branded as aforesaid, and to carry the same before the mayor of said city, who is hereby empowered and required to enquire into the same; and if such cask or casks of butter, or rendered hog’s lard, shall, upon examination or inspection, or due proof, appear not to be marked and branded pursuant to this act, he shall adjudge such cask or casks of butter, or rendered hog’s lard, to be forfeited, and if any such land-waiter or other revenue officer so entrusted as aforesaid, shall permit or suffer any cask or casks of butter, or rendered hog’s lard, to be loaded or put on board any ship, boat, or vessel in said river, in order to be exported, unless such cask or casks of butter, or rendered hog’s lard, have been marked and branded pursuant to this act, that then and in every such case, every such land-waiter or other revenue officer offending therein, shall forfeit the sum of five pounds for every such cask of butter or rendered hog’s lard that shall be loaded and put on board any such ship, boat, or vessel in said river for exportation, not marked and branded pursuant to this act, the same to be recovered by civil bill before the justice or justices of assize for said city, in the same manner as civil bills in other cases shall be used and practised.
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Penalty for counterfeiting or altering weigh-master’s brand.
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XX. And be it enacted by the authority aforesaid, That every person who shall counterfeit or alter the brand or mark of the said weigh-master or weigh-masters of the said city of Cork, for the time being, or who shall make any brand, mark, or figure or instrument, for the purpose of counterfeiting or altering the brand, mark, or figure of the said weigh-master or weigh-masters, or any person in whose custody any such counterfeit brand, mark, or figure or instrument shall be found, being thereof indicted and lawfully convicted at the quarter sessions of the said city of Cork, or any adjournment of the same, or at the next general assizes and gaol delivery, shall forfeit the sum of twenty pounds, and be committed to the gaol of said city, until he, she, or they, pay the said penalty of twenty pounds, and if he, she, or they do not pay the said penalty to the clerk of the peace for said city, or his deputy, within forty-eight hours after such conviction, then such offender or offenders shall suffer six calendar months imprisonment, to be calculated from the day of such conviction, and shall in the course of that time stand for the space of one hour in and upon the pillory, between the hour of twelve at noon and two in the afternoon of some market day, to be appointed by the said court of quarter sessions, or any adjournment of the same, in the street opposite to the gate of some one of the weigh-houses of said city.
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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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Penalty for having brands for marking other coopers’ names or places of residence.
penalty on person marking with such brand.
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XXIII. And be it further enacted by the authority aforesaid, That if any person or persons shall make or have in his, her, or their possession, any brand, mark, or instrument, for the purpose of branding or marking on any cask or casks, any name purporting to be the name of the cooper who made such cask or casks, or to be the name of the place of abode of such cooper, other than the name of the cooper who actually made the same, or the name of the actual place of abode of such cooper, every such person being thereof convicted before the mayor of said city, by the oath or oaths of one or more credible witness or witnesses (which oath or oaths the said mayor is hereby empowered and required to administer) shall forfeit for every such offence the sum of five pounds, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor (which warrant the said mayor is hereby empowered and required to issue); and in case such offender shall not have goods and chattels sufficient to answer such penalty, then such offender shall be committed to the gaol of said city, by warrant under the hand and seal of the said mayor (which warrant the said mayor is hereby empowered and required to issue), there to remain without bail or mainprize for a space of time not exceeding six months, nor less than one month, at the discretion of the said mayor; and if any person shall brand or mark any cask or casks with any brand or mark, purporting to be the name of the cooper who made such cask or casks, or the name of the place of abode of such cooper, other than the name of the cooper who actually made the same, or the name of his actual place of abode, such person or persons being thereof convicted before the mayor of said city, on the oath or oaths of one or more credible witness or witnesses (which oath or oaths 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 offender’s goods and chattels, by warrant under the hand and seal of the said mayor (which warrant the said mayor is hereby empowered and required to issue); and in case such offenders shall not have goods and chattels sufficient to answer such penalty, then the said offender shall be committed to the gaol of the said city, there to remain without bail or mainprize for a space of time not exceeding two months, nor less than one week, at the discretion of the said mayor.
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Casks not made conformable to this act, may be brought before the mayor, who shall proceed as herein.
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XXIV. And be it enacted by the authority aforesaid, That if the weigh-master or weigh masters of the said city, for the time being, his or their deputy or deputies, shall think that any cask or casks which shall be brought to any of the said weigh-houses to be weighed or branded, is or are not made conformable to this act, or are not of the weight herein required, or have not the staves, head, and bottom thereof, of the thickness herein required, that then it shall and may be lawful for said weigh-master or weigh-masters, his or their deputy or deputies, to seize such cask or casks, and carry the same before the mayor of said city, who is hereby empowered and required to enquire concerning the same, and if such cask or casks shall, upon examination, inspection, or due proof before him, appear to be made contrary to law, or not to be of the weight hereby required, or not to have the staves, head, and bottom thereof, of the thickness herein required, he shall Order such cask or casks to be sawed in two across, and if said mayor shall be doubtful of the quality of such cask or casks, or if any of the parties concerned shall require the same, the said mayor is hereby empowered and required to summon, examine, and hear upon oath, (which oath the said mayor is hereby empowered and required to administer) two able master coopers of said city, in relation to the nature and quality of the same, that he may be the better able to determine concerning the same.
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Proper places, scales, and weights, to be provided by weigh-masters, for weighing and selling hides and calf skins, where weigh-masters or deputies shall attend.
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XXV. And whereas great abuses are committed by the wilful dirtying, rimming, flawtering, cutting, and gashing of hides and calf skins; be it enacted by the authority aforesaid, that the said weigh master or weigh-masters of the city of Cork, for the time being, shall provide some clean public place or places, properly paved and sufficiently roomy, within said city, or the suburbs thereof, with scales, and proper weights and linneys, and that every hide and calf skin which shall be bought or sold within said city, and the liberties thereof, shall be weighed at such public place or places, and no where else within said city, or the liberties thereof, and that the said weigh-master or weigh-masters, his or their deputy or deputies, shall attend at such place or places so appointed, every day in the week, (Sundays, Christmas-day, Saint Stephen’s-day, and New-year’s-day excepted) from eight of the clock in the morning to one in the afternoon, and from two to four in the evening from the twenty-fifth day of December until the twenty-ninth day of September, and from thence to the first day of December from eight o’clock in the morning until one in the evening, and from two in the evening until five, and from the said first day of December until the twenty-fifth day of December, from eight of the clock in the morning until one in the evening, and from two in the evening until four, and then and there weigh such hide or hides, calf skin or calf skins, as shall be brought thither, and that every hide and calf skin shall be weighed at some one of said places so provided, before the same shall be delivered to the buyer or buyers of the same within the said city, or the liberties thereof.
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Allowance in weighing hides and calf skins.
disputes to be determined by the mayor.
weigh-masters may cause hides, &c. to be cleansed, if required.
fees for cleansing hides, &c.
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XXVI. And be it enacted by the authority aforesaid, That the said weigh-master or weigh-masters of the city of Cork, for the time being, his or their deputy or deputies, shall, in weighing such hide or hides, give an allowance to the buyer of four pounds on every green hide, and three pounds on every dried hide; and four ounces on all calf-skins, or parcels of calf-skins, both green and dried, which shall weigh seven pounds, or under; eight ounces on all calf skins, or parcels of calf-skins, both green and dried, which shall weigh more than seven pounds, and not more than fourteen pounds; twelve ounces on all parcels of calf-skins, both green and dried, which shall weigh more than fourteen pounds, and not more than twenty-one pounds; one pound on all parcels of calf skins, both green and dried, which shall weigh more than twenty-one pounds, and not more than twenty-eight pounds, and so in proportion for every greater weight for tare, and shall give such further allowance on every hide and every calf skin for dirt, skulls, lips, rumps, flesh, sinews, feet, dust, and other filth, as to him or them shall seem reasonable; and in case any dispute shall happen to arise on such allowance, or in case the said weigh-master or weigh-masters, his or their deputy or deputies shall refuse to give any allowance where the buyer shall think the same really due, such dispute or differences shall be determined by the mayor of said city, which determination shall be final to each party, as well buyers as sellers; and it shall be lawful for said weigh-master or weigh-masters, his or their deputy or deputies, if thereunto required by the buyer or seller of any green hide or hides, calf skin or calf skins, to be spooled, washed, cleansed, and sufficiently drained, and in case it appears upon such examination, that the party objecting to the allowance offered to be made by the said weigh-master or weigh masters, his or their deputy or deputies, for the dirt, skulls, rumps, lips, flesh, sinews, feet, and other filth therein contained, had not a just cause for such objection, that then the party so objecting, shall pay to the said weigh-master or weigh-masters, his or their deputy or deputies, three pence for every such hide, and three halfpence for every such calf skin so washed and cleansed, as a recompence for his or their trouble; but if it shall appear that such objection was well founded, then such recompence shall be paid by the party in whose favour such allowance (if not objected to) would have been.
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Buyers and sellers names to be entered by weigh masters, and weight of hides.
books to be open
buyers and sellers to be present at weighing.
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XXVII. And be it enacted by the authority aforesaid, That the said weigh-master or weigh-masters of the city of Cork, for the time being, his or their deputy or deputies shall, at the time of weighing such hide or hides, calf skin or calf skins, enter into a book to be kept for that purpose, the names of both the buyer and seller, as well as the weight of such hide or hides, calf skin or calf skins, and the allowance on the same, and shall distinguish each kind by the initial letter thereof, in their books, and shall give a copy of such entry to the seller of such hide or hides, calf skin or calf skins, and that such books shall be open for the inspection of all buyers and sellers, their agents or clerks, at all reasonable times, and that the said weigh-master or masters, his or their deputy or deputies, shall not weigh any hides or calf skins exceeding ten in number, the property of any one person, unless the buyer and seller, or some person or persons appointed by each of them shall be present.
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Fees for weighing hides and calf skins.
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XXVIII. And be it enacted by the authority aforesaid, That the said weigh-master or weigh-masters of the city of Cork, for the time being, shall have and receive from the party bringing the same to be weighed, for every hide so weighed one penny, and for every calf skin so weighed one farthing, and no more, and that upon refusal to pay such sum of one penny for each hide, or the sum of one farthing for each calf skin, by the party bringing the same to be weighed, it shall and may be lawful for the said weigh-master or weigh-masters, his or their deputy or deputies, to detain such hide or calf skin, until satisfaction be made according to this act.
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Penalty for buying or selling hides or calf skins by hand, or at greater or less tare than entered in weigh master’s book.
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XXIX. And be it enacted by the authority aforesaid, That if any person or persons shall buy or sell, within the city of Cork, or the liberties thereof, any hide or hides, calf skin or calf skins, by hand, and not by weight, or at a greater or less tare or allowance than that entered in the weigh-master’s book aforesaid, such person or persons so buying or selling, being thereof convicted before the mayor of said city, by the oath or oaths of one or more credible witness or witnesses, which oath or oaths the said mayor is hereby empowered and required to administer, shall forfeit for every such offence the sum of ten shillings for every hide, and five shillings for every calf skin so bought or sold, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor, (which warrant the said mayor is hereby empowered and required to issue), and in case such offender or offenders shall not have sufficient goods and chattels to answer such penalty or penalties, such offender or offenders shall, by warrant under the hand and seal of the said mayor, which warrant he is 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 two months, nor less than seven days, at the discretion of the said mayor.
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Weigh masters or deputies may enter and search for hides and calf skins not weighed and entered as directed.
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XXX. And be it enacted by the authority aforesaid, That the said weigh-master or weigh-masters of the city of Cork, for the time being, his or their deputy or deputies, or any or either of them, being thereunto authorized by warrant under the hand and seal of the mayor, or a justice of the peace of the said city, who are hereby empowered and required to grant such warrant, upon due information upon oath, shall have power and authority, and is and are hereby empowered and authorized, at any time of the day, to go and enter into all such houses, out-houses, cellars, yards, tan-yards, back-sides, or other places within said city or the liberties thereof, where they, or either of them, shall have cause to suspect any hide or hides, calf skin or calf skins, which was or were weighed at any other place than one of the said public places, or which had been delivered to the buyer thereof before the same had been weighed and entered, pursuant to this act, and to search for the same and the party in whose house, out-house, cellar, yard, tan yard, back-side, or other place, such hide or hides, calf skin or calf skins shall be found, being thereof convicted before said mayor or justice by the oath or oaths of one or more credible witness or witnesses, which oath or oaths the said mayor or justice is hereby empowered and required to administer, unless he proves before the said mayor or justice, by the oaths of two credible witnesses, which oaths the said mayor or justice is hereby empowered and required to administer, that the same was or were not weighed at any other place than at one of said public places within the said city or liberties, and was or were duly weighed and entered pursuant to this act, before the same had been delivered to the buyer, shall forfeit, for every such hide, the sum of ten shillings; and for every such calf skin, the sum of five shillings, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor or justice, (which warrant the said mayor or justice is hereby empowered and required to issue); and in case such offender shall not have goods and chattels sufficient to answer such penalty, such offender, by warrant under the hand and seal of said mayor or justice, which warrant the said mayor or justice is hereby empowered and required to issue, shall be committed to the gaol of said city, there to remain without bail or mainprize for a space of time not exceeding two months, nor less than seven days, at the discretion of the said mayor or justice.
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Hides or calf skins herein described may be sezied and carried before the Mayor, who shall proceed as herein directed.
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XXXI. And be it enacted by the authority aforesaid, That if any hide or hides, calf skin or calf skins, shall be brought to be weighed by the said weigh-master of weigh-masters of the city of Cork, for the time being, his or their deputy or deputies, which shall be rimmed or flawtered, or of which any part shall be left on any part of the carcase, or which shall not be taken down fairly in the film between the skin and the flesh, with the round cut at the tail, or which shall have any cut or gash therein sewed up, or which shall not have the shanks and other offal part taken of whole, it may and shall be lawful for the said weigh-master or weigh-masters, his or their deputy or deputies, or for any other person, if the said weigh-master or weigh-masters, his or their deputy or deputies, shall neglect or refuse so to do, to seize the same, and to carry the same before the mayor of said city, who is hereby empowered and required to enquire into the same; and if such hide or hides, calf skin or skins shall upon examination, inspection, or due proof, appear to him to be rimmed or flawtered, or to have any part thereof left on any part of the carcase, or not to be taken down fairly between the skin and the flesh, with the round cut at the tail, or to have any cut or gash therein sewed up, or not to have the shanks and other offal parts taken off whole, he shall adjudge such hide or hides, calf skin or calf skins to be forfeited; and if the said mayor shall be doubtful of the quality of such hide or hides, calf skin or calf skins, or calf skins, or if either party require the same, the said mayor is hereby empowered and required to summon, examine, and hear upon oath two skilful persons, in relation to the nature and quality thereof, that he may be the better able to determine concerning the same.
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Beef or veal with skin sticking thereto shall be forfeited.
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XXXII. And be it enacted by the authority aforesaid, That if any beef or veal which shall be exposed to sale, or which shall be killed within the city of Cork, or the liberties thereof, shall have any part of the skin left sticking thereto, it shall be lawful for the market jury of said city, or any of them, and for the said weigh-master or weigh-masters of the city of Cork, for the time being, his or their deputy or deputies, or any of them, and he and they are hereby required and empowered to seize the same, and carry it before the mayor of said city, who is hereby empowered to declare the same forfeited, for the use of the house of industry.
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Penalties for bringing hides or calf skins with cuts in them, to be weighed.
dewlap to be divided, &c.
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XXXIII. And be it enacted by the authority aforesaid, That if any hide or hides, calf skin or calf skins, shall be brought to be weighed by the said weigh-master or weigh-masters, for the time being, of the city of Cork, his or their deputy or deputies, which shall have any gash or gashes cut or cuts therein, as well in the offal as in the prime parts thereof, it shall be lawful for the said weigh-master or weigh-masters, his or their deputy or deputies, and he and they is and are hereby required and empowered to seize the same, and carry the same before the mayor of the said city, who is hereby empowered and required to enquire thereinto, and if such hide or hides, calf skin or calf skins shall, upon examination, inspection, or due proof, appear to him to have any gash or gashes, cut or cuts therein as aforesaid, the party to whom the same shall belong shall forfeit, for every such hide, a sum not exceeding fifteen shillings, nor less than one shilling; and for every calf skin, a sum not exceeding one shilling, nor less than three pence, at the discretion of the said mayor, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor, which warrant he is hereby empowered and required to issue; and if any hide shall not have its dewlap split, and equally divided down the middle lengthways, or shall have its dewlap in sticking cut across, or shall not have the neck and face skinned off whole, the seller shall allow, on every such hide, one shilling in the price thereof to the buyer, for such abuse.
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Penalty for cutting the lip, rump. &c. without owner’s consent.
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XXXIV. And be it enacted by the authority aforesaid, That if any person shall cut, without the consent of the owner of such hide, or steal from any hide which shall be carried to be weighed by the weigh-master or weigh-masters, for the time being, of the city of Cork, his or their deputy or deputies, the lip, rump, or any other part of the flesh adhering to such hide, such person being thereof convicted before the mayor of said city, by the oath or oaths of one or more credible witness or witnesses (which oath or oaths the said mayor is hereby empowered and required to administer) shall, by warrant under the hand and seal of said mayor, (which warrant he is hereby empowered and required to issue) be committed to the bridewell of said city, there to remain without bail or mainprize for a space of time not exceeding one week, nor less than forty-eight hours, at the discretion of the said mayor; and it shall be lawful for the said mayor, if it shall appear to him proper, to order such offender to be once privately whipped during the time of such offender’s confinement in bridewell.
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Salted hides and calf skins, and dried hides to be weighed by weigh-masters, whenever they are sold, &c.
allowances to be made.
disputes to be determined by the mayor.
fees on weighing hides and calf skins.
penalty for buying or selling salted or dried hides or calf skins.
distinction between hides and calf skins.
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XXXV. And be it enacted by the authority aforesaid, That the said weigh master or weigh-masters of the city of Cork, for the time being, his or their deputy or deputies, shall weigh all salted hides and calf skins, and dried hides and calf skins, so often as the same shall be sold within the said city and the liberties thereof, and in case any person or persons shall sell within said city or liberties any hide or hides, calf skin or calf skins, salted and made up for sale, or any dried hide or calf skin, the same shall be weighed by the said weigh-master or weigh-masters, his or their deputy or deputies, to the person buying such hide or hides, calf skin or calf skins, whether the same had been weighed before or hot, which said weigh-master or weigh-masters, his or their deputy or deputies, shall allow, on every such hide, and calf skin, such allowance as is before directed with respect to green hides and calf skins, and if required by the buyer, shall have liberty to open such hide or hides, calf skin or calf skins, at the expence of such buyer, and shall, is, and are hereby required, on request of the buyer so to do; and in case any dirt, wet flesh, skulls, lips or rumps, or more salt than is necessary to save the same shall be found in such hide or hides, calf skin or calf skins, the said weigh-master or weigh-masters, his or their deputy or deputies, shall make such allowance for such dirt, wet flesh, skulls, lips, rumps, or salt, as to him or them shall seem reasonable, which the seller shall be obliged to allow; and in case any dispute shall happen to arise on such allowance, the same shall be determined by the mayor of said city, which determination shall be final and conclusive to each party, as well they buyer as the seller, which weigh-master or weigh-masters shall have and receive, for weighing such hides, the sum of one penny for every hide so weighed, and the sum of one farthing for every calf skin so weighed, and until satisfaction thereof the said weigh-master or weigh-masters, his or their deputy or deputies, may detain such hide or hides, calf skin or calf skins as aforesaid, and in case any person or persons shall sell or buy within said city or liberties, any hide or hides, calf skin or calf skins salted or dried, which shall not be weighed as herein is provided, such person or persons being thereof convicted before the said mayor by the oath or oaths of one or more credible witness or witnesses, which oath or oaths the said mayor is hereby empowered and required to administer, shall forfeit, for every such hide, the sum of ten shillings, and for every such calf skin, the sum of five shillings, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of said mayor, (which warrant he is hereby empowered and required to issue;) and that the skin of every bull, ox, and cow, above the age of one year, shall be esteemed and taken to be an hide within the meaning of this act, and the skin of any bull, ox and cow, under that age, shall be esteemed and taken to be a calf skin.
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Penalty on weigh-masters or deputies for buying or selling hides, &c.
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XXXVI, And be it enacted by the authority aforesaid, That the said weigh-master or weigh-masters of the city of Cork for the time being, his or their deputy or deputies, or any person or persons in trust for him, them, or any of them shall not buy, sell, contract, or treat for any hide or hides, calf skin or calf skins, and in case the said weigh-master or weigh-masters, his or their deputy or deputies, shall by himself, themselves, or by any person or persons in trust for him, them, or either of them, buy, sell, contract, or treat for any hide or hides, calf skin or calf skins, said weigh-master or weigh-masters, his or their deputy or deputies, or either of them being thereof convicted before the mayor of said city by the oath or oaths of one or more credible witness or witnesses, which oath or oaths the said mayor is hereby empowered and required to administer, shall for every hide or calf skin so bought, sold, contracted for, or treated about, forfeit the sum of five pounds, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor, which warrant he is hereby required and empowered to issue.
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Salting, drying, tanning and currying hides and calf skins.
penalty on owners of green hides and skins, for not bringing them to be weighed, or salted or dried hides.
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XXXVII. And be it enacted by the authority aforesaid, That the original owner of every green hide or calf skin, who shall intend to have the same salted, dried, tanned, or curried within the said city, or the liberties thereof, and every person who shall bring any green hide or calf skin into the said city or liberties, with an intent to have the same salted, dried, tanned, or curried in said city or liberties, shall carry the same before the same shall be salted, dried, tanned, or curried as aforesaid, to one of the said public places, there to be weighed and entered in like manner as is provided by this act with respect to green hides and calf skins, which shall be sold within said city, or the liberties thereof, and shall be subject to all the penalties and forfeitures herein before provided with respect to the sellers of any green hide or hides, calf skin or calf skins, within the said city, or the liberties thereof, and every person who shall bring any salted or dried hide or calf skin into the said city or liberties, for the purpose of exporting the same, or having the same tanned or curried within the said city and liberties, shall carry the same before he shall attempt to export the same, or to tan or curry the same, to one of said public places, there to be weighed, as is before herein provided with respect to salted or dried hides and calf skins, which shall be sold within said city, or the liberties thereof, and shall be subject to all the penalties and forfeitures herein provided with respect to the sellers of salted or dried hides and calf skins within said city and liberties, and if such original owner of every green hide or calf skin as aforesaid, or every such person bringing any green hide or calf skin into said city or liberties as aforesaid, shall not carry the same to be weighed and entered as herein is provided, or every such person bringing any salted or dried hide or calf skin into said city or liberties as aforesaid, shall not carry the same to be weighed as herein is provided, every such offender being thereof convicted before the mayor of said city, by the oath or oaths of one or more credible witness or witnesses, which oath or oaths the said mayor is hereby empowered and required to administer, shall forfeit for every such hide ten shillings, and for every such calf skin five shillings, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of said mayor, which warrant he is hereby empowered and required to issue.
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Fees to be paid on weighing and branding tallow.
tallow casks to be branded, &c.
weigh-masters to attend at merchant’s or chandler’s stores
buying or selling casks which do not contain more than 2 cwt
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XXXVIII. And whereas the small fee given by the last recited act for weighing of tallow has been found by experience not to be a sufficient recompence for the charges the weigh-masters of the city of Cork are put to, and the labour requisite in the execution of their office; be it enacted by the authority aforesaid, That the weigh-master or weigh-masters for the time being of said city, shall have and receive from the person for whom the same shall be weighed and branded, for every cask of tallow which shall not weigh more than two hundred weight, gross, the sum of one penny, and no more; and for every other cask which shall weigh more, the sum of one halfpenny for every hundred weight, gross, which it shall weigh, and no more; and in case the person for whom such tallow shall be weighed, shall refuse to pay the fees aforesaid, it shall be lawful for the said weigh-master or weigh-masters, his or their deputy or deputies, to detain such tallow so weighed, until payment thereof shall be made to him or them, according to the true intent of this act, and that every cask for packing of tallow within said city and liberties, which when full, shall not weigh more than two hundred weight, gross, shall be weighed and branded empty, in like manner, and the same allowance for soakage given thereon, and shall be subject to all the regulations as is herein before provided with respect to casks for packing butter or rendered hog’s lard, and such cask shall be made of the like quality with casks for packing of butter, or rendered hog’s lard, and that the said weigh-master or weigh-masters, his or their deputy or deputies, shall attend at the cellars or stores of any merchant or chandler within the said city or suburbs thereof, who shall have any tallow to weigh, and there shall weigh the same, such merchant or chandler giving the said weigh-master or weigh-masters, his or their deputy or deputies, twenty-four hours notice for that purpose, and the person or persons buying, selling, or exposing to sale, any cask, which shall not contain more than two hundred weight for the packing of tallow, shall be subject to all the regulations and penalties herein provided with respect to persons buying, selling, or exposing to sale, any cask for the packing of butser or rendered hog’s lard, such penalties to be recovered in manner before provided with respect to casks for packing butter, and rendered hog’s lard.
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The mayor may fine merchants or others who do not attend when summoned.
committal of offenders.
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XXXIX. And be it enacted by the authority aforesaid, That whenever the said mayor shall think it necessary to summon any merchant or master-cooper, or any other person, to examine him or them in relation to the quality of any goods which shall be brought before him pursuant to this act, and such merchant or master-cooper, or other person, shall neglect or refuse to attend, or be examined upon such summons, without assigning forthwith some sufficient or special cause for his not attending, and being examined, every such person so neglecting or refusing shall forfeit the sum of ten shillings, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of said mayor, (which warrant the said mayor is hereby empowered and required to issue) and that in all cases where the said mayor by this act is empowered to commit any offender to the gaol of said city, without bail or mainprize, when the goods and chattels of such offender shall not be sufficient to answer the penalty to which such offender on conviction shall be subject by this act, the said mayor is hereby empowered and required to detain such offender in custody until such penalty shall be satisfied; and if said offender shall not pay such penalty, or if such penalty shall not be levied as herein is provided, within twenty-four hours after the conviction of such offender, that then the said mayor shall commit such offender to the gaol of said city without bail or main-prize, pursuant the several powers by this act granted to the said mayor.
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Sale of butter, hides, and skins, forfeited.
application of money levied by distress, &c.
fees to person levying distress
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XL. And be it enacted by the authority aforesaid, That whenever the said mayor of said city shall declare any cask, butter, hide, or calf skin, to be forfeited pursuant to the powers given him in this act, he shall within fourteen days cause the same to be sold by public auction to the highest bidder on the exchange of said city, between the hours of twelve and two, and that the money for which such cask, butter, hide, or calf skin, shall be sold, shall after defraying the reasonable expences of such sale by auction, be equally divided, one half thereof to go to the person or persons who shall have seized such cask, butter, hide, or calf-skin, and the other half to go to the governors of the work-house of said city, to be by them applied to the support and maintenance of such foundling children as then are, or thereafter shall be received into said work-house, or any other house by them used for the reception of such children, and that the penalty of twenty pounds to be paid by offenders convicted at the quarter-sessions of said city, or adjournment thereof, pursuant to this act, shall by the said clerk of the peace for said city, or his deputy, after deducting therefrom the sum of five shillings, as a fee to such clerk of the peace for receiving such penalty, be equally divided, one-half thereof to go to the person informing against and prosecuting to conviction such offender, at the said quarter-sessions, or any adjournment thereof, and the other half to go to the governors of the said work-house, to be by them applied in manner aforesaid; and that every penalty to be levied by distress, for any offence under this act, shall be equally divided, one-half thereof to go to the party informing against, and prosecuting every such offence, and the other half to the governors of said work-house, to be by them applied as aforesaid; and the person to whom the mayor shall direct his warrant for levying such distress, and who shall actually levy such distress, shall for his trouble have and receive the following fees, videlicet, two shillings, if the penalty do not exceed forty shillings; one shilling in the pound for every penalty above forty shillings, and not exceeding five pounds; and sixpence in the pound for every penalty above five pounds; said fees to be levied on the goods and chattels of the person or persons who shall incur such penalties, in like manner, as the penalties themselves are by this act directed to be levied; and every penalty which shall be recovered by civil bill under this act, shall go to the party suing for the same.
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Penalties which are to go to the work house shall be received by weigh masters, and accounted for, deducting 5 per cent.
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XLI. And be it enacted, That the deputy weigh-masters of said city shall be, and are hereby directed and required to receive all such penalties and forfeitures as by this act are to the governors of the work-house of said city, and shall account quarterly upon oath with the court of assistants of said work-house for the said penalties and forfeitures received by them respectively, deducting live pounds, and so in proportion, as recompence for his trouble.
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Penalty on mayor or justice for neglect.
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XLII. And be it enacted by the authority aforesaid, That if any person who shall fill the office of mayor of the city of Cork, shall, during the time he shall be in such office, or if any justice of peace for said city, shall neglect or refuse to execute any of the powers vested in the mayor or a justice of peace of said city by this act, such person shall, for every such offence, forfeit the sum of one hundred pounds, to be recovered by action, bill, plaint, or information, in any of his Majesty’s courts, wherein no essoign, protection, or wager of law, or more than one imparlance shall be allowed, one-half of said penalty to go to the person suing for the same, and the other half to go to the governors of the work-house of said city, to be by them applied in manner as herein before mentioned and provided; provided that such suit be commenced within six calendar months, from the time of such neglect or refusal.
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No replevin.
persons sued for matters done under this act may plead the general issue.
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XLIII. And be it enacted by the authority aforesaid, that whenever any empty cask or casks for packing of butter, rendered hog’s lard or tallow, or any cask or casks of butter, or any hide or hides, calf skin, or calf skins, shall be seized or brought before the mayor of said city, or shall be adjudged and condemned by him, or whenever any distress is or shall be taken pursuant to this act, no replevin shall lie, but the judgment of the said mayor shall be final and conclusive; and that if any person or persons shall be sued, molested, or troubled for putting in execution any of the powers contained in this act, or for doing any matter or thing pursuant thereto, such person or persons may plead the general issue, and give the special matter in evidence, and if the plaintiff or plaintiffs shall be non-suited, or judgment be given against him or them, by default, or upon demurrer, or a verdict shall pass for the defendant or defendants, such defendant or defendants shall have his or their treble costs, to be recovered in such manner as where by law costs are given to defendants.
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So much of this act as relates to butter casks, &c. shall be in force until 29th Sept. 1812, and end of next session.
so much of last recited act as relates to such casks, shall continue in force in city and liberties of Cork, until 29th Sept. 1812; all other parts of this act shall continue until 29th Sept. 1812, and end of next session.
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XLIV. And be it enacted by the authority aforesaid, That so much of this act as relates to the casks in which butter, tallow, or rendered hog’s lard, are to be packed, shall be in force from the passing of this act until the twenty ninth day of September which shall be in the year one thousand eight hundred and twelve, and from thence to the end of the then next session of parliament, and no longer; and that so much of the last recited act as relates to such casks, shall be in force within the city and liberties of Cork until the said twenty-ninth day of September in said year one thousand eight hundred and twelve, and no longer, any thing herein contained to the contrary notwithstanding; and that all other parts of this act shall be in force from the passing of this act until the said twenty-ninth day of September, in the year one thousand eight hundred and twelve, and to the end of the then next session of parliament, and no longer.
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His Majesty’s power to appoint weigh masters is continued to same time; and fees shall be received by them as hereby allowed.
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XLV. Provided always, and be it enacted, That the power granted by the said last recited act to his Majesty, his heirs and successors, to appoint one or more person or persons to be weigh-master or weigh-masters of said city, shall be continued and extended to the end of the session of parliament herein last mentioned, and no longer; and that such weigh-master or weigh-masters shall be entitled, during the continuance of this act, to have and receive all such fee or fees as the weigh-master or weigh masters of the said city are entitled to have and receive by this act, and shall be subject to all the regulations herein contained.
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Names and numbers of lighters, &c. and of owners, and persons employed therein, and places of abode, to be entered with the mayor.
annual entries to be made, and security given as herein.
names and numbers to be painted.
penalty.
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XLVI. And whereas much injury arises to the trade of the said city of Cork, from the want of sufficient and proper regulations for the ordering and government of the owners and masters of lighters, boats, and other vessels plying for hire on the river of Cork, and within the harbour of said city, and of the lighter men, and other persons employed therein; wherefore, and for the other persons herein after mentioned, be it enacted by the authority aforesaid, That from and after the passing of this act, it shall not be lawful for any lighter, boat, or other vessel, to be used or employed, or to ply for hire on the river of Cork, or within the harbour of said city, for the purpose of loading or unloading any ship or vessel lying in the said river, or within the said harbour, for the conveyance of any goods, wares, or merchandizes, from one part of said river or harbour to another, before the name and number of the same, together with the name or names, and place or places of residence of the owner and owners, and of the master of every such lighter, boat or vessel, and also the name and place of abode of every man who shall be employed by them on board such lighter, boat or vessel, shall have been entered in a registry, to be kept for that purpose by the mayor of the said city of Cork for the time being; which entry shall be annually made, and before sufficient security shall have been entered into by the owner or owners of such lighter, boat or vessel, by bond or obligation, payable to the said mayor, for the sum of two hundred pounds, with two sufficient securities in the sum of one hundred pounds each, (such securities to be residents of the city of Cork), for the due and faithful delivery of all goods, wares and merchandizes which shall be at any time put on board, or entrusted to such lighter, boat or vessel, without wilful damage or embezzlement of such goods, wares and merchandize, or any part thereof, by such owner or owners, or by the master, or any person belonging to, or employed in such lighter, boat, or vessel; and before the name and number of such lighter, boat or vessel shall be painted in large and legible characters on some conspicuous part of such lighter, boat or vessel; and if any lighter, boat or vessel shall be so used or employed, or shall ply for hire as before mentioned, before the entry in such registry shall have been made, and the security aforesaid shall have been entered into, and the name and number so painted, the owner or owners of such lighter, boat or vessel, shall for every such offence, being thereof convicted upon a summary hearing before the said mayor, 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, or by confession of the party or parties forfeit the sum of ten pounds, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of said mayor.
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Holds to be well secured.
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XLVII. And be it enacted by the authority aforesaid, That every lighter, boat, or vessel, which shall be so used or employed, or shall so ply for hire, shall be well fitted, and shall have her hold well and sufficiently secured by proper bulk heads, to prevent any embezzlement or plunder of the goods, wares, and merchandizes which shall be stored and deposited therein; and if any lighter, boat, or vessel, shall be so used or employed, or shall so ply for hire, which shall not be fitted and secured as herein provided, the owner or owners of such lighter, boat, or vessel, shall, for every such offence, being thereof convicted on a summary hearing before the said mayor, 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) or by the confession of the party or parties, shall forfeit the sum of ten pounds, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of said mayor.
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Penalty for acting as master or mariner before name and place of residence are registered.
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XLVIII. And be it enacted by the authority aforesaid, That no person shall act as master or mariner on board any such lighter, boat, or vessel on said river, or within the said harbour, before his name and place of residence shall have been duly entered in the registry aforesaid; and every person who shall so act, without being so registered, or who shall give into the said mayor a false name or place of residence, shall, for every such offence, being thereof convicted on a summary hearing before the said mayor, 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), or by the confession of the party or parties, forfeit a sum not less than forty shillings, nor more than five pounds, at the discretion of the said mayor, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor; and in case such offender shall not have goods sufficient to satisfy such penalty, then it shall be lawful for said mayor, by warrant under his hand and seal, to commit such offender to the gaol or house of correction of said city, there to remain without bail or mainprize for a space of time not less than one month, nor more than three months, at the discretion of said mayor.
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Penalty on owner or master of a lighter, &c. for refusing to hire out such lighter, &c.
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XLIX. And be it further enacted by the authority aforesaid, That if the owner or owners, or master of any such lighter, boat or vessel, shall refuse to hire out such lighter, boat, or vessel, to be used or employed as aforesaid, to any person applying for the same, unless such lighter, boat or vessel shall, at the time of such application, be actually and bona fide engaged to some other person for the like purposes, the proof of which engagement shall rest upon and be made by such owners or masters respectively, every person so offending shall, for every such offence, being thereof convicted on a summary hearing before the said mayor, 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, or by the confession of the party or parties, forfeit the sum of ten pounds, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor; and in case the said owners or masters, or any other person having charge of such lighter, boat, or vessel, being so convicted, shall not have goods sufficient to answer such penalty, then it shall be lawful for the said mayor, by warrant under his hand and seal, to commit such offender to the gaol or house of correction aforesaid, there to remain without bail or mainprize for any time not exceeding three months.
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Rates, fares, and prices to be paid to owners and masters, and to lighter men, shall be regulated as herein;
also wages of artificers and labourers,
prices may be raised or diminished, always regarding the prices of the necessaries of life.
persons who take more than regulated prices may be imprisoned.
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L. And be it enacted by the authority aforesaid, That it shall be lawful for the court of general quarter sessions of the peace to be holden for said city, and county of said city, (the recorder of said city or his deputy being present, from time to time, at each and every, or any sessions to be so holden from and after the passing of this act, or at any adjournment thereof, to ascertain, order, and regulate the several rates, fares and prices to be paid to the said owners and masters respectively, and to the lightermen and others employed in the said lighters, boats, and other vessels, as well for the freight for hire thereof as for the wages of the said masters, lightermen, and other persons so employed therein, and in like manner at each and every, or any sessions, from time to time to be so holden, or any adjournment thereof, to ascertain, order, and regulate the wages to be paid to every mason, carpenter, slator, cooper, and every artificer and labourer whatsoever, whether working by the day, or otherwise, for hire in the said city, and from time to time, either to raise or to diminish all such rates, fares, prices, and wages, as to the said court in its discretion shall seem meet, always having regard to the prices which the necessaries of life shall then bear, and that every such order, adjustment, and regulation, shall be in force until a new order, adjustment, and regulation shall be made by such court of sessions, or at some adjournment thereof, any law or statute to the contrary notwithstanding; and that the said owners and masters respectively of the lighters, boats, and vessels aforesaid, and the said lightermen, and all others employed therein, and also all and every the tradesmen, artificers, and labourers herein before mentioned, shall take and receive such sums of money to be so ordered, ascertained, and regulated, and no more, and shall work and labour accordingly pursuant to the true meaning of this act, on pain of being imprisoned at the discretion of the said court of quarter sessions, for any time not exceeding three months, upon conviction of the offender, on a summary hearing at the said court of quarter sessions, or any adjournment thereof, by the oath of one or more witness or witnesses, which oath the said court is hereby authorized to administer, or by the confession of the offender.
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Penalty for paying or receiving more than the regulated price for the use of a lighter, &c.
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LI. And be it further enacted by the authority aforesaid, That if any owner or owners, or master of any lighter, boat, or vessel, shall receive more, or any person shall pay more for the use and employment of such lighter, boat, or vessel, than the rate of hire and payment so settled at the said sessions, or any adjournment thereof, every person so offending shall, for every such offence, being thereof convicted on a summary hearing before the said mayor, by the oath or oaths of one or more credible witness or witnesses, (which oath or oaths the said mayor is hereby authorized to administer), or by the confession of the party or parties, forfeit a sum not exceeding ten pounds, nor less than forty shillings, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor.
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Penalty for employing a journeyman without a discharge from his last employer.
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LII. And be it farther enacted by the authority aforesaid, That if any person or persons shall hire or employ any journeyman, artificer, or tradesman, who does not produce to said person or persons at the time of such hiring or employment, a written discharge under the hand of the person by whom such artificer or tradesman had been last employed, every such person so offending shall, for every such offence, being thereof convicted on a summary hearing before the said mayor, by the oath or oaths of one or more credible witness or witnesses, (which oath or oaths the said mayor is hereby empowered to administer,) or by the confession of the party, forfeit any sum not exceeding twenty pounds, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of said mayor.
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Penalty for refusing to give a written discharge at the time of discharging a journeyman.
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LIII. And be it further enacted by the authority aforesaid, That if any person who shall have employed any such journeyman, artificer, or tradesman, shall, at the time of discharging him, refuse to give him such written discharge on the same being demanded of him, every person so offending shall, for every such offence, being thereof duly convicted before the said mayor, by the oath or oaths of one or more credible witness or witnesses, (which oath or oaths the said mayor is hereby empowered to administer), or by the confession of the party, forfeit any sum not exceeding the sum of twenty pounds, according to the discretion of the said mayor, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of said mayor.
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Lighters, boats, &c. may be seized and sold for penalties.
Application of surplus after sales of boats for which no owners can be found.
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LIV. And be it enacted by the authority aforesaid, That it may and shall be lawful to and for the said mayor, by warrant under his hand and seal, to seize on and detain any lighter, boat, or vessel, the owner or owners of which shall have incurred any penalty under this act, and in case such penalty, and the expences attending such seizure and detention be not fully discharged and satisfied within ten days from the day of such seizure, then it shall be lawful for such mayor, by warrant under his hand and seal, to cause the same to be sold by public cant, and out of the money arising from such sale, he shall first satisfy the penalty and expences attending such seizure and sale, and then pay over the surplus of such money, if any there be, to such owner or owners, and in case the owner or owners of any lighter, boat or vessel, which shall be used or employed, or shall ply for hire on the said river, and within the said harbour, contrary to this act, cannot be known or discovered, then it shall be lawful for the said mayor, by warrant under his hand and seal, to seize, detain, and sell such lighter, boat, or vessel, in manner herein before mentioned, and he shall, out of the money arising from such sale satisfy such penalty or penalties, which such owner or owners should be liable to in case he or they had been convicted under this act, and also the expences attending such seizure and detention, and shall pay over the surplus, if any there be, to such person or persons as shall appear to him to be entitled thereto, and in case no person shall claim such surplus within three months after such sale, then the said mayor shall pay the said surplus to the trustees of the North Charitable Infirmary, and of the South Charitable Infirmary, to be equally divided between them, share and share alike, for the use of the said charities, and on every transfer of the property in each lighter, boat, or vessel, the same shall be duly entered in the registry aforesaid.
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Persons who offend against this act shall be indemnified on evidence as herein.
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LV. And be it further enacted by the authority aforesaid, That all and every person and persons who shall or may offend against this act, shall and may, as well as all other persons, be called upon and compelled to give his or her testimony and evidence as a witness or witnesses on behalf of the prosecutor or informer, upon any complaint, to be made, or exhibited under this act, and that in all such cases every person having given his or her testimony or evidence as aforesaid, shall be, and hereby is indemnified of, from, and against any information to be laid, or prosecution to be commenced against him, her, or them, for having offended in the matter wherein, or relative to which he, she, or they shall have given testimoney or evidence as aforesaid.
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The mayor may issue warrants to apprehend offenders against this act, who do not attend after begin summoned.
Warrants may be issued without summons.
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LVI. And for the more effectually enforcing and carrying into execution the provisions of this act; be it further enacted by the authority aforesaid, That on complaint and information on oath before the said mayor, of any offence having been committed against this act, the said mayor is hereby authorized and required to summon the person or persons charged with being an offender or offenders against this act, to appear before the said mayor at a certain time and place, to be specified, and if any person or persons so summoned, shall not appear according to such summons, then the said mayor, proof on oath, (which oath the said mayor is hereby empowered to administer,) having been first made before him, of the service of such summons upon such person or persons by delivering the same to him, her, or them personally, or leaving the same at his, her or their usual place or places of abode, shall make and issue his warrant or warrants for apprehending the person or persons so summoned, and not appearing as aforesaid, and for bringing him, her, or them before said mayor; and it shall also be lawful for the said mayor if he shall think fit, without issuing any previous summons upon such complaint and information on oath as aforesaid, to make and issue his warrant or warrants for apprehendending the person or persons by such information, charged to have offended against this act, and to bring him, her, or them before such mayor, and upon the person or persons complained against appearing upon such summons, or being brought by virtue of such warrant or warrants before such mayor, then such mayor shall, and is hereby authorized and required forthwith to make enquiry touching the matters complained of, and to proceed thereon according to the several provisions of this act.
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Mayor to proceed as herein.
Witnesses summoned who do not attend and give evidence may be committed.
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LVII. And be it further enacted by the authority aforesaid, That it shall be lawful for the said mayor, before whom any such complaint and information shall be made as aforesaid, and he is hereby authorized and required, at the request of any of the parties to issue his summons to any witness or witnesses to appear within the space of twenty-four hours, and give evidence before such mayor at the time and place appointed for hearing and determining such complaint, and which time and place shall be specified in such summons, and if any person or person so summoned to appear as a witness or witnesses as aforesaid, shall not appear before such mayor at the time and place specified in such summons, or shall not give a sufficient excuse for his, her, or their default, or if any person or persons appearing according to such summons, shall not submit to be examined as a witness or witnesses, and give his, her, or their evidence, before such mayor, touching the matter of such complaint, then and in every such case it shall be lawful for such mayor, and he is hereby authorized (proof on oath, which oath the said mayor is hereby authorized to administer, in the case of any person not appearing according to such summons, having been first made before the said mayor of the due service of such summons on every such person, by delivering the same to him, her, or them, or by leaving the same at his, her, or their usual place of abode) by warrant under the hand of such mayor, to commit such person or persons so making default in appearing, or appearing and refusing to give evidence to the gaol or house of correction of said city, there to remain without bail or mainprize, until such person or persons shall submit himself, herself, or themselves to be examined, and give his, her, or their evidence, touching all matters under this act, before such mayor as aforesaid.
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Mayor to keep a fair registry, for each entry in which he shall get 5s.
Registry shall be evidence. Penalties to north and south infirmaries.
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LVIII. And be it enacted by the authority aforesaid, That the said mayor shall at all times keep a fair and regular registry as herein before required, and that for every entry made in such registry he shall receive the sum of five shillings, and no more, and that the said registry shall be conclusive evidence of all things contained in it relating to all matters and regulations contained in this act, and that all penalties levied under this act shall be disposed of equally to the use of the trustees of the North Charitable Infirmary, and of the South Charitable Infirmary.
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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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Penalty where goods similar to any put on board lighters, &c. shall be found in possession of persons belonging to such lighters, unless proof is made that such honestly come by.
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LX. And be it further enacted by the authority aforesaid, That if any quantity of goods, wares, or merchandizes, similar to those put on board such lighter, boat, or other vessel, shall be found on the person, or in the possession of any person belonging to, or employed in such lighter, boat, or other vessel, it shall be lawful for the person so finding such goods, wares, and merchandizes, to carry such person before the mayor of the said city of Cork, and on satisfactory proof being made before the said mayor, on the oath or oaths of one or more credible witness or witnesses, (which oath or oaths the said mayor is hereby authorized to administer) of the finding such goods, wares, or merchandizes on the person, or in the possession of such person, then it shall be lawful for the said mayor, and he is hereby required (unless such person shall produce to the said mayor satisfactory proof that the goods, wares, or merchandizes so found, were no part of those put on board such lighter, boat, or other vessel, but that the same were fairly and honestly come by, by every person) to adjudge such person to forfeit the sum of twenty pounds, to be levied by distress and sale of such person’s goods and chattels, by warrant under the hand and seal of said mayor; and in case there shall not be goods sufficient to answer such distress, then the said mayor shall by warrant under his hand and seal, commit such person to the gaol of said city, there to remain without bail or mainprize for any time not exceeding the space of six months.
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Penalty on labourers, porters, or journeymen, in whose possession goods, as herein described shall be found, unless they prove such were fairly come by.
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LXI. And whereas it frequently happens, that several quantities of goods, wares, and merchandizes are stolen from lighters, boats, and other vessels, and from the stores, shops, and cellars of the merchants and traders of the city of Cork; and whereas it is frequently impossible to indentify such goods; be it further enacted by the authority aforesaid, That if any labourer, porter, or journeyman tradesman, employed in any warehouse, shop, or cellar, or any journeyman manufacturer, or any other person not usually trading in such goods, wares, or merchandizes, shall have in his or her possession any such goods, wares, or merchandizes, such labourer, porter, journeyman, or other person being thereof convicted on a summary hearing before the said mayor, on the oath or oaths of one or more credible witness or witnesses, (which oath or oaths the said mayor is hereby authorized to administer) unless such labourer, porter, journeyman, or other person as aforesaid shall prove that such goods, wares, or merchandizes so found on him or her, were honestly and fairly come by, such labourer, porter, journeyman, or other person, shall forfeit the sum of twenty pounds, to be levied by distress and sale of the goods and chattels of such labourer, porter, journeyman, or other person as aforesaid, by warrant under the hand and seal of the said mayor; and in case such labourer, porter, journeyman, or other person as aforesaid, shall not have sufficient goods and chattels to answer such distress, then the said mayor shall, by warrant under his hand and seal, commit such labourer, porter, journeyman, or other person as aforesaid, to the gaol of said city, there to remain without bail or mainprize for any time not exceeding the space of six months.
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A public act.
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LXII. And be it enacted by the authority aforesaid, That this act shall, in all courts and places, be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and courts, without specially pleading the same.
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Governors of work-house are hereby empowered to license persons who keep hackney coaches, post chaises, chairs, or sedans, and to limit the number thereof.
Regulations and powers to be same as by recited act 1 Geo. 3. and also by recited act 3 Geo. 3.
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LXIII. And whereas doubts are entertained whether under any law or laws not existing, the governors of the work-house of the city of Cork have at present a power to grant licences for, or to limit the number, or to make regulations for the government of any coach, post chaise, chair, or sedan, or of the keepers, drivers, or carriers of the same plying for hire within said city or the liberties thereof, be it therefore enacted by the authority aforesaid, That from and after the passing of this act, the governors of the work-house of the said city, fifteen at least being present, shall, and are hereby authorized and required, from time to time, and at all times for ever hereafter, under their common seal to licence for the term of twenty-one years from the date of each licence, all such person or persons as shall keep, drive, or carry any hackney coaches, post chaises, chairs, or sedans, or any hackney coach, post chaise, chair or sedan plying for hire within the said city of Cork, or the liberties thereof, and also from time to time, for ever hereafter, to limit the number of such coaches, post chaises, chairs and sedans, in such manner as the said governors of the said work-house shall think proper, and that every such hackney coach, post chaise, chair and sedan, plying for hire within the said city of Cork, or the liberties thereof licensed pursuant to this act, and the keeper, driver, or carrier of every such hackney coach, post chaise, chair, sedan, shall, in all respects be subject to the same regulations, and entitled to the same privileges, and the governors of the said work-house shall have the same powers and authorities over them, and for the government and regulation of them, as are provided enacted, and expressed in and by an act of parliament made in the first year of his present majesty’s reign, entitled, An act for the more easy and equal assessing and applotting all money presented by the grand jury of each assizes, to be held for the said city and county of the city of Cork, and for putting the coaches, chaises, chairs, and sedans that ply for hire in the said city under the like regulations, for the benefit of the work-house of Cork as they are in Dublin, and also for the better regulating the harbour of Cork; and also by one other act of parliament made in the third year of his present majesty’s reign, entitled, An act for continuing and amending certain temporary statutes heretofore made for the better regulation of the city of Cork, and for enlarging the salary of the treasurer, and for the better regulating the sale of coals in the said city, and for erecting and continuing lamps in the same, and for the better preserving the streets and highways therein, and for confirming and establishing a court of conscience in the said city, and for regulating the assize of bread therein, and for saving the quays by parapet walls, whereby the said first mentioned act, with the several clauses therein contained, was made perpetual, with the amendments and explanations in said last mentioned act contained with respect to hackney coaches, post chaises, chairs, and sedans, and the keepers, drivers, and carriers thereof, licenced as mentioned in the said acts, or either of them.
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Recovery of penalities or forfeitures incurred by owners or drivers of coaches, &c.
Not to abridge the powers of governors of work-house.
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LXIV. And be it further enacted, That from and after the passing of this act all the penalties or forfeitures to be incurred by any owner, keeper, or driver of any coach, post chaise, or other chaise or horse chair within the said city or the liberties thereof as mentioned in the said above recited act, made in the third year of the reign of his present Majesty, shall be recovered before the governors of the said work-house, or before any five or more of them, and be levied by them, or any five or more of them, in like manner as is provided with respect to penalties incurred under the before recited act, made in the first year of the reign of his said Majesty, and before no other person whatsoever, any thing in the said recited acts to the contrary notwithstanding; and that nothing herein contained shall abridge, or be construed to abridge, lessen, or diminish the powers or authorities by the said recited acts of the first and third of his present Majesty, given or granted to the governors of the work-house of the said city, or any of them, for the purposes thererein respectively mentioned.
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