CHAP.
XV.
Penalty on
Persons packing
for Sale,
or offering to
Sale, Flour
or Bread, in
Cask not truly
tared, 5 s.
per Barrel.
Prosecutions
on this Act to
be commenced
within 15
Days.
Penalties
how to be recovered,
and applied.
But none
shall be liable
to the Penalties
after the
Goods have
been received
by the Buyer,
unless Information
be
made in ten
Days.
Continuance |
barter, or sell, or expose, or offer to Sale, in any way whatsoever,
to any Person
or Persons whatsoever, such Barrel or Barrels of Beef, Pork, Pitch,
Tar,
or Turpentine, or any of them; all and every such Person or Persons
shall be
liable to, and pay the Forfeitures and Penalties in this Act mentioned,
for
every Barrel bartered away, bargained, or sold, or exposed, or offered
to
Sale, contrary to this Act.
VIII. And be
it further Enacted, by the Authority aforesaid, That any
Person
or Persons whatsoever within this Province, who shall, after the said
first
Day of October, pack into any Barrel or Barrels Flour, or into
any Barrel or
Barrels or other Cask Bread, for Sale, and shall not put on the Bilge
of such
Barrel or Barrels, Cask or Casks, the just and true tare of such Barrel
or
Barrels, Cask or Casks, with Marking Irons, in plain Figures, and shall,
without such Marking of the Tare aforesaid on the Bilge of every such
Barrel
or Barrels, Cask or Casks, expose each Barrel or Barrels of Flour,
or Barrel
or Barrels, Cask or Casks of Bread, to Sale, without the true Tare
of such
Barrel or Barrels, Cask or Casks, being marked on the Bilge as aforesaid,
shall,
for every such Barrel or Cask so exposed to Sale, contrary to this
Act, forfeit
and pay the Sum of Five Shillings Current Money.
IX. And be it
further Enacted, by the Authority aforesaid, That all, or
any
Action or Actions to be brought, or Complaint made, to a Justice of
the
Peace, as the Case may require, for any Breach or Breaches of this
Act, shall
be commenced or made within Fifteen Days next after the Offence or
Offences
committed, or Discovery made of the same, and not after.
X. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That all the Penalties and Forfeitures in this Act before mentioned,
shall
and may be recovered with Costs in any County Court of this Province,
in
the Name of the Lord Proprietary, and the Informer, by Action of Debt,
Bill, Plaint or Information, in which no Essoin, Protection, or Wager
of
Law shall be allowed; or before a single Magistrate, as the Case shall
require;
One Moeity of which Penalties and Forfeitures shall go to the County,
to
defray the contingent Charges of the said County, where the Action
is commenced,
or Complaint made and determined; the other Moiety to him, her,
or the, who shall inform, or sue for the same.
XI. Provided
always, and it is the true Intent and Meaning of this Act,
That no Person or Persons, bartering, or selling, such Barrel or Barrels
of
Pork, Beef, Pitch, Tar, Turpentine, Flour, or Bread, as aforesaid,
in any
Manner, contrary to this Act, shall be subject or liable to any Forfeiture
or
Forfeitures in this Act contained, after the same is taken and received
out of
his or their Possession, by the Buyer or Buyers, and unless such Information
be
made as aforesaid, to some Magistrate, within Ten Days next after committing
such Offence or Offences.
XII. This Act to continue for Three Years,
from the said First Day of
October, and unto the End of the next Session of Assembly which
shall happen
after the said Three Years.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON
Continued by 1750, ch. 10;
1753, ch. 6; 1760, ch. 11; and 1763, ch. 12, for
Three years,
&c.. |
