time than twenty days after the same shall be threshed or fepa rated from the straw; and fo as such wheat be not kept in any place used for inaking, extracting or distilling low wines or spirits, or for preparing or keeping worts or wash. VII. Provided also, That this act shall not extend to inflict Distillers, bethe said last mentioned penalty and forfeiture upon any distiller ing millers are alio exempted or maker of low wines or spirits, who practises the trade of a from the faid miller, and who was possessed of, and worked any mill or mills penalty and for the grinding of wheat, on or before the first day of January, forfeiture. one thousand seven hundred and fifty seven, for or upon account of any quantity of wheat, wheat meal, or wheat flour, which shall, during the time herein before limited, be found in any fuch mill or mills; any thing herein contained to the contrary notwithstanding. Officers, &c. may by warrant, enter, to break open fuspected to have in them more than 5 quarters of wheat. VIII. And be it further enacted by the authority aforesaid, That in case any officer or officers of the excife, or any other person or perfons, shall, at any time or times, have cause to fufpect that any wheat, wheat meal, or wheat flour, exceeding the quantity of five quarters, shall be laid or kept in any fuch storehouse, warehouse, grainary, or other place or places, as aforefaid, belonging to any distiller or maker of low wines or spirits, contrary to the true intent and meaning of this act, then, and in every fuch cafe, upon oath made by such officer or officers, or other person or persons, before the commissioners of excife for the time being respectively, or any two or more of them, or before one or more justice or justices of the peace residing near the place where such officer or officers, or other person or persons, shall suspect the fame to be laid and kept, setting forth the ground of his or their fufpicion, it shall and may be lawful to and for the faid commiffioners, or justice or justices of the peace respectively, before whom such officer or officers, or other perfon or perfons, shall make oath as aforesaid, (if he or they shall judge it reasonable) by special warrant under his or their respective hands and feals, to authorize and impower such officer or officers, or other perfon or persons, authorized as aforesaid, by day or by night (but if in the night, then in the prefence of a conftable, or other lawful officer, of the peace) to enter into all and every storehouse, warehouse, grainary, or other place or places, where he or they shall so suspect that any wheat, wheat meal, or wheat flour, exceeding the quantity of five quarters, as aforesaid, shall be laid or kept, belonging to any fuch distiller, or maker of low The wheat so wines or spirits; and to seize, take and carry away, all fuch found, to be wheat, meal and flour, as he or they shall fo find (over and above feized and the faid quantity of five quarters, together with all the sacks, carried away, bags, or other things, wherein the fame shall be contained); and distiller to and fuch distiller or maker of low wines or spirits, or the perfon forfeit gl. for or persons in whose custody or poffeffion such wheat, meal or every fuper numerary quarter. flour, belonging to fuch distiller shall be found, shall, for every fuch offence respectively, forfeit and pay the faid penalty of five pounds for every quarter, exceeding the said quantity of five quarters; and the faid officer or officers, and other perfon or perfons, persons, is or are hereby impowered by such warrant, together with fuch other person or persons as he or they shall take to his or their afsistance, to enter such storehouses, warehouses, grainaries, and other place or places, and break open the doors thereof, in cafe they be not forthwith opened on demand. ed; IX. And be it further enacted by the authority aforesaid, Penalties how That all penalties and forfeitures by this act imposed, shall be to be recoverfued for and recovered by action of debt, bill, plaint or information, in any of his Majesty's courts of record at Westminfter; or in the court of exchequer in Scotland; and that the court Court may before whom the same shall be recovered, may, and are hereby mitigate the authorized (if they shall think fit) to mitigate all or any of the same; pecuniary penalties herein before inflicted, to any fum not less than one fourth part of the sum herein respectively mentioned; and that one moiety of all the penalties and forfeitures, when Application recovered, shall be to the use of his Majesty, his heirs and fuc-thereof. ceffors; and the other moiety to him or them who shall fue for the fame, or give information of, or difcover the offence. X. Provided always, That all fuits, profecutions or informa- Suits to be tions, for offences committed against this act, shall be com- commenced menced and made within the space of two calendar months within two after the fact is committed, and not otherways; any thing here- months atter in contained to the contrary notwithstanding. the offence. XI. And whereas there have been contracts made by the distillers Contracts for with feveral persons for yest, to be delivered and received at future delivery of times after the twenty ninth day of September one thousand seven hun- yestsuspended. dred and fifty fix; be it therefore further enacted by the authority aforesaid, That all contracts or bargains made by any distiller or distillers with any person or persons whatsoever, for any yest to be delivered at any time during the continuance of this act, shall be, and are hereby declared to be suspended. XII. And be it further enacted by the authority aforesaid, Limitation of That if any action or fuit shall be commenced against any per- actions. fon or persons, for any thing done in pursuance of this act, such action or fuit shall be commenced within the space of four calendar months next after the offence shall be committed, and if such action or fuit shall be commenced or profecuted in that part of Great Britain called England, the defendant or defendants in any such action or fuit may plead the general issue, and give this act General issue. and the special matter in evidence, at any trial to be had thereupon; and that the fame was done in pursuance and by the authority of this act; and if it shall appear so to have been done, the jury shall find for the defendant or defendants; and if the plaintiff shall be nonsuited, or discontinue his action, after the defendant or defendants shall have appeared, or if judgment shall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants shall and may recover treble costs, Treble costs. and have the like remedy for the fame, as any defendant or defendants hath or have in other cases by law; and if such action or fuit be commenced or prosecuted in that part of Great Britain called Scotland, the court before whom fuch action or fuit shall D3 19 G. 2. C. 33. 12 G. 1. C. 3433 G. 1. C. 23. shall be brought, shall allow the defender to plead this act on his defence; and if the pursuer shall not infist on his action, or if judgment shall be given against such pursuer, the defender shall and may recover the full and real expences he may have been put to by any such action or fuit. CAP. XI. An act for the regulation of his Majesty's marine forces while on shore. An act to amend an att made in the twenty ninth year of the W HEREAS by an act made and passed in the twenty ninth year of the reign of his present Majesty, intituled, An act to render more effectual an act passed in the twelfth year of the reign of his late majesty King George, to prevent unlawful combinations of workmen employed in the woollen manufactures, and for better payment of their wages; and also an act passed in the thirteenth year of the reign of his faid late Majesty, for the better regulation of the woollen manufacture, and for preventing disputes among the persons concerned therein; and for limiting a time for prosecuting for the forfeiture appointed by the aforesaid act, in cafe of the payment of the workmens wages in any other manner than in money; it was, amongst other things, enacted, That from and after the twenty fourth day of June, one thousand feven hundred and fifty fix, it should be lawful for the juftices of the peace affembled at any of their general or quarter feffions beld next after Michaelmas yearly, to make rates for the payment of wages to weavers, and others employed in the woollen manufactures, according to the number of yards that the chains are laid upon the warping bars, and not otherwise: which rates by the faid aft were to continue for one year from the making thereof: and whereas, from the great variety of the faid manufacture of broad cloth, as well in respect to breadth and colour, as to the quantity and quality of the material of which the fame is composed, it is found impracticable to form any general rate of wages that would be just, adequate, and fuitable to the feveral branches and circumstances of the said manu facture: and whereas great mischiefs and inconveniencies have arifen, and 41 and may arife, from the exercise of the aforesaid power and authority given by the above recited alt to the justices of the peace, to make rates for the payment of wages, as therein mentioned: for remedy whereof, may it please your Majesty, that it may be enacted; and 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 fame, That so much of the faid recited act as Clause in the enacts, That it shall and may be lawful for the justices of the recited act peace assembled at any of their general or quarter sessions held repealed. next after Michaelmas yearly, to make rates for the payment of wages to weavers, and others employed in the woollen manufactures, according to the number of yards that the chains are laid upon the warping bars, and not otherwise, shall be, and the fame is hereby repealed. entered into between cio II. And be it further enacted by the authority aforesaid, Agreements That all or any contracts or agreements made, or hereafter to be made and entered into, between any clothier or maker of thier and mixed, medley or white broad cloth, and the weaver or weavers weaver, to be employed by such maker, in respect to any wages to be paid to binding i such weaver or weavers, shall, from and immediately after the first day of May one thousand seven hundred and fifty seven, be, and are hereby declared to be good, valid and effectual, to all intents and purposes; any rate made or to be made in pursuance of any law, ftatute or usage, to the contrary thereof in any wife notwithstanding. III. And be it further enacted by the authority aforesaid, but to extend That the aforesaid contracts or agreements shall extend only to only to the the actual prices or rates of workmanship or wages to be paid, wages, which and not to the payment thereof in any other manner than in are to be paid money, contrary to the intent and meaning of the said recited in money. act of the twenty ninth year of his present Majefty's reign. IV. And be it further enacted by the authority aforesaid, Clothier not That if any clothier or maker of any mixed, medley or white paying the broad cloth, shall refuse or neglect to pay to the weaver or fame within 2 weavers employed by him or them his or their wages or price days after deagreed on in money, within two days next after the work thall livery of the work, be performed and delivered to fuch employer, or fome person on his behalf (the same being demanded of fuch employer or perfon employed on his behalf); then and in every such cafe, every fuch clothier or person fo offending, shall for every fuch offence forfeit and pay the sum of forty thillings; to be reco- to forfeit 40 s. vered in such manner and form, and by such ways and means, and to be paid, applied, and disposed of, as the feveral penalties and forfeitures incurred and made payable by the faid recited act made in the twenty ninth year of his present Majesty's reign, are thereby directed and appointed to be recovered and applied. Cap. 8. CAP. XIII. An act to rectify a mistake in an act passed this session of partiament, intituled, An act for the speedy and effectual recruiting of his Majesty's land forces and marines. WHEREAS by an act made this present session of parliament, intituled, An act for the speedy and effectual recruiting his Majesty's land forces and marines; it is enacted, That for the encouragement of fit and able persons voluntarily to enter into his Majesty's service, every person who should voluntarily enter himself into bis Majesty's service, in the manner therein mentioned, should receive the sum of three pounds out of the money of the land tax arifen, or to arife, in the years one thousand seven hundred and fifty fix, and one thousand Seven hundred and fifty seven: and whereas in the provision made by the faid act for the repayment of part of the fums So to be supplied out of fuch land taxes, for fuch encouragement as aforesaid, the word Pound is by mistake inserted, instead of the words three pounds; be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this present parliament assemForty fhillings bled, and by the authority of the fame, That it shall be lawof every three ful for the lord high treasurer, or commiffioners of the treasury pounds paid for the time being, to cause forty shillings of every three pounds out of the land which shall be so supplied out of the said land tax money for tax, to be repaid into the payment pay of the encouragements aforesaid, to be repaid into exchequer by his Majesty's exchequer by the respective paymasters of his the paymasters Majesty's forces, out of such money as they shall receive for the of the forces. faid forces, to make good the respective credits on the said Cap. 7. land taxes, and to be applied to the fatisfaction of such principal and interest (if any) as shall be remaining thereupon; any thing in the said act contained to the contrary notwithstanding. CAP. XIV. An att for continuing an act of this present session of parliament, intituled, An act to discontinue, for a limited time, the duties upon corn and flour imported; and also upon such corn, grain, meal, bread, biscuit and flour, as have been, or shall be taken from the enemy, and brought into this kingdom. WHEREAS an at made in this present session of parliament, intituled, An act to discontinue, for a limited time, the duties upon corn and flour imported; and also upon such corn, grain, meal, bread, biscuit and flour, as have been, or shall be taken from the enemy, and brought into this kingdom, which will expire upon the twenty fourth day of August one thousand Seven hundred and fifty seven, bath been found useful and beneficial: and whereas it is found neceffary that the faid act should be continued for a longer time; be it therefore enacted by the King's most excellent majesty, by and ! |