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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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