Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 22 C. II. c. 8.
Whereas notwithstanding there hath beene great care taken in a late Act entituled An Act for [the (fn. 1) ] ascertaining the Measures of Corne and Salt throughout the Realme. Yet the same is in great measure avoided by selling in private places aswell as in publique Markets by the Bagg, or without measureing by the Buyers shakeing of the Bushell before it be strooke, soe that those places who have given Obedience to the said Act are greatly prejudiced, and their Markets likely to be lost by such undue practices. For prevention whereof Bee it enacted by the Kings most excellent Majestie by and with the advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by authorise of, the same That every person or persons who shall from and after the five and twentyeth day of March next sell, or buy any Corne ground or unground or Salt by the Bagg or without Measureing being thereunto required, or in any other manner then as is by the said Act directed, and that without shakeing the said Bushell or Measure by the Buyer, shall forfeite and lose beside the Penalty of the former Act appointed, all Corne, Graine, or Salt bought or sold contrary to this Act, or the Value thereof to the person or persons complaining.
II. Proof of duly buying and selling, &c. to lie upon the Defendant.
And whereas a great cause of the mischeife hereby intended to be prevented doth arise by the selling in private places, and soe avoiding not onely the intention of the said Act, but to the great damage of publique Markets Bee it further enacted That upon Complaint made to any one or more Justices of the Peace That any kinde of Corne ground or unground or Salt hath beene sold or bought or delivered contrary to this Act the proofe shall lye upon the Defendant to make it appeare by the Oathes of one or more credible Witnesses That he or they did sell or buy the same in every respect according to this and the said farmer Act. Wherein if such person complained of shall faile, he or they shall forfeite and lose as is by this Act before directed to be leavyed by Distresse and Sale of his or their Goods or Chattells restoreing the Overplus, by Warrant under the Hand and Seale of one or more Justices before whome he or they shall be soe convicted. Which Penalties by this Act appointed to be leavyed shall by the said Justice or Justices be distributed, one halfe to the Poore of the Parish where such Offence was committed and the other halfe to the Informer or Prosecutor.
III. Where there is no Clerk of the Market, Mayors, Bailiffs, &c. to seal the Measures.
And whereas in all places where Markets are holden there is not a Clerke of the Market to seale all Measures as by the former Act is directed Bee it therefore further enacted That in every such case it shall and may be lawfull for the Maior, Bayliffes or Head-Officer or other person or persons who hath the Benefit of such Market, And they and every of them are hereby authorized and required to seale or cause to be sealed all Measures duely gauged, that shall be brought unto them for that purpose, which Sealeing shall be as effectuall in the Law to all intents and purposes as if such Measure had beene sealed by any Clerke of the Market, every such Maior, Bayliffe or Head-Officer takeing noe more for soe doeing then is by the said Act appointed.
IV. Proviso for Rent-Corn, Tythe-Corn, and Salt, reserved by Lease, &c.
[Provided alwayes and bee it further enacted by the authority aforesaid That it shall and may be lawfull for every person or persons Bodyes Politique or Corporate or any of them, to whome any Salt Rent corne or TythCorne is reserved or due by any Lease, Grant, Contract, Custome or Usage to receive and take all such Rent or other Dutyes of Salt and Corne as is, or shall be soe reserved or due, or the just and full value thereof in ready money according to the proportion and quantity and by the like measures, and in such manner as the same were due, and paid before the begining of this Parlyament. Any thing herein or in any other Law or Statute to the contrary in any wise notwithstanding. (fn. 2) ]