Sect. 33. "In all counties, ridings, or divisions in England and Ire- 2. Examinaland, all penalties and forfeitures under this act shall be sued for before tion, &c. of. two or more justices of the peace at petty sessions, or before the mayor Penalties, &c. or other chief magistrate of any city, borough, town, or place within whose jurisdiction the offence shall have been committed; and that the 5 & 6 Will. IV. conviction may be drawn up according to the following form, or in words Suing for penal to the like effect: day of c. 63. ties. in the year of our Form of convic "Be it remembered, that on the Lord A. B. is convicted before us, two of his majesty's justices of the tion. pesce [or 'before me the mayor' or 'chief magistrate of the city, borough, sc. of '] for the [here specify the offence, and the time and place when and where committed, as the case may be], contrary to an act passed in the year of the reign of king William the Fourth, intituled, &c. [as the case may be]; and we [or 'I'] do adjudge that the said A. B. hath forfeited for his or her'] said offence the sum of [here insert the penalty]. Given under our hands and seals [or my hand and seal'] the day and year first above written." of penalties. Sect. 34. "In England and Ireland all penalties and forfeitures in- Mode of recovery ficted or imposed by this act may, in case of non-payment thereof, be recovered in a summary way by the order and adjudication of two or Tore justices of the peace at petty sessions, or before the mayor or other chief magistrate of any borough, city, town, or place within whose jurisdiction the offence shall have been committed, on complaint to them or him for that purpose made, and afterwards be levied, as well as the costs (if any) of such proceedings, on non-payment, by distress and sale of the By distress, &c. goods and chattels of the respective offenders, by warrant under the hands and seals of such justices, or hand and seal of such mayor or other chief magistrate, who is and are hereby authorized and required to summon and examine any witnesses of or concerning such offence, and to hear and determine the same: and the overplus (if any) of the money so raised or recovered, after discharging such penalties or forfeitures, and the costs and expenses as aforesaid, shall be returned, on demand, to the respective Owners of the goods and chattels so seized and distrained; and in case any such penalty or forfeiture shall not be forthwith paid, it shall be lawful for the said justices, mayor, or other chief magistrate, to order any offender so convicted to be detained in safe custody until return can be conveniently made to such warrant of distress, unless such offender can give sufficient security, to the satisfaction of such justices, mayor, or other chief officer, for his or her appearance before the said justices, or before some other justices having jurisdiction, or before such mayor or other chief magistrate, on such day as shall be appointed for the return of such warrant, such day not being later than eight days from the day of taking any such security, and which security any such justices, mayor, or other chief magistrate are and is hereby empowered to take by way of recognizance or otherwise; but if upon the return of such warrant it shall If not sufficient appear that no sufficient distress can be had whereupon to levy the said penalty or forfeiture and costs and expenses aforesaid, and the same shall to common gaol, not be forthwith paid, or in case it shall appear to the satisfaction of such justices, mayor, or other chief magistrate, upon the confession of the offender or otherwise, that he or she hath not sufficient goods and chattels whereupon such penalty or forfeiture, costs and expenses, could be levied if a warrant of distress were issued, such justices, mayor, or other chief magistrate shall not be required to issue such warrant, but in such case such justices, mayor, or other chief magistrate is hereby required, by warrant under their hands and seals or his hand and seal, to commit such offender to some common gaol or house of correction for the county, city, borough, town, or place, there to remain without bail or mainprize for any time not exceeding two calendar months, or until such offender shall have paid such penalty or forfeiture, and all costs and charges attending the proceedings, (to be ascertained by such jus VOL. VI. 2 E any distress, offender to be committed &c. 2. Examination, &c. of. Penalties, &c. 5 & 6 Will. IV. c. 63. Appeal. Proceedings not want of form. tices, mayor, or other chief magistrate,) or shall otherwise be discharged by due course of law.”—(See “Commitment in Execution,” Vol. I.) Sect. 35. "In England and Ireland all persons who may think themselves aggrieved by any order, judgment, or determination of any justice of the peace, mayor, or chief magistrate, relating to any matter or thing in this act mentioned or contained, may, within fourteen days next after such order, judgment, or determination shall have been made or giver. appeal to the justices of the peace at the then next ensuing general or quarter sessions to be held for the city, borough, or county within which the alleged cause of appeal shall arise, first giving seven days' notice i writing of such intention to appeal, and the grounds and nature thereof to the party against whom such complaint is intended to be made, and forthwith after such notice entering into a recognizance before some jus tice of the peace, mayor, or other chief magistrate, with two sufficien sureties, conditioned to try such appeal, and abide the order and award the said court thereon; and the said justices shall either hear and deter mine the said complaint at such general or quarter sessions, or, if they think proper, shall adjourn the hearing thereof to the following general or quarter sessions of the peace to be held for such city, borough, or county; and the said justices may, if they see cause, mitigate any penalty or forfeiture, and may order any money to be returned which may have been levied in pursuance of such order or determination, and may al order any such further satisfaction to be made to the party injured they shall judge reasonable, and may also order such costs to be paid the party aggrieved by the party aggressing as they shall think reas able."(See in general, title "Appeal," Vol. I.) Sect. 36. "No proceeding to be had or taken in pursuance of this ac to be quashed for shall be quashed or vacated for want of form, or be removed by certiorar or by any other writ or proceeding whatsoever, into any of his majesty' courts of record at Westminster or elsewhere, any law or statute to th contrary notwithstanding." Certiorari. Penalties in Scotland. Limitation of ac tions. Venue. General issue. Costs. Plaintiff not to re of amends. Sects. 37 & 38 relate to the recovery of penalties in Scotland and t appeals against sentences there. Sect. 39. "In all actions brought against any person for any thing done in pursuance of this act, or in the execution of the powers or authe rities thereof, such action shall be laid and brought in the county with which the cause of action shall have arisen; and the defendant a defendants in such action may plead the general issue, and give this ac and the special matter in evidence at any trial to be had thereupon, and that the acts were done in pursuance or by the authority of this act; an if they shall appear to have been so done, or that such action shall hav been brought otherwise than as hereinbefore directed, then and in every such case the jury shall find for the defendant or defendants; upor which verdict, or if the plaintiff or plaintiffs shall become nonsuited, o shall suffer a discontinuance of his, her, or their action, after the defend ant or defendants shall have appeared thereto, or if a verdict shall pas against the plaintiff or plaintiffs therein, or if, upon demurrer or other wise, judgment shall be given against the plaintiff or plaintiffs, th defendant or defendants shall have his, her, or their costs, and shall have such remedy for recovering the same as defendants have for recovering costs of suit by law in any other cases." Sect. 40. "No plaintiff shall recover in any action for any irregularity cover after tender trespass, or other wrongful proceeding made or committed in the execu tion of this act, if tender of sufficient amends shall have been made by o on behalf of the party or parties who shall commit such irregularity trespass, or other wrongful proceeding, before such action brought; and in case no tender shall have been made, it shall be lawful for the defend ant or defendants in any such action, by leave of the court wherein suci action shall depend, at any time before issue joined, to pay into cour such sum or sums of money as he, she, or they shall think fit, whereupon proceedings, order, and adjudication shall be had and made in and by 2. Examinasuch court as in other actions where defendants are allowed to pay money tion, &c. of. into court." Penalties, &c. SCHEDULE OF FEES To be taken by all Inspectors of Weights and Measures appointed under the Fees to be taken Authority of this Act. For examining, comparing, and stamping all brass weights, within their re by inspectors. For examining, comparing, and stamping all iron weights, or weights of other descriptions not made of brass, within their respective jurisdictions : For examining, comparing, and stamping all wooden measures, within their For examining, comparing, and stamping all measures of capacity of liquids made of copper or other metal, within their respective jurisdictions: III. Repeal of Acts, and General Clauses of the 5 Geo. IV. c. 74, and 5 & 6 Will. IV. c. 63; Reservation of Rights, &c. British acts, viz. By the 5 Geo. IV. c. 74, s. 21, " All the powers, rules, and regulations Regulations and in force, and contained in the several acts hereinafter mentioned, specified, penalties of and set forth, for the ascertaining, examining, seizing, breaking, and destroying any weights, balances, or measures, shall be applied and put in execution in Great Britain for the ascertaining and examining, and for the seizing, breaking, and destroying of any weights or measures not 3. Repeal of Acts and gene ral Clauses. 5 Geo. IV. c. 74. 31 Geo. II. c. 17. conformable to the standard weights and measures ascertained and authorized by this act, and for the punishment of any person or persons having any defective weight or measure, not conformable to the said standard weights and measures (a): that is to say, in an act made in the parliament of Great Britain, in the twenty-ninth year of king George the 29 Geo. II. c. 25. Second, intituled An Act for appointing a sufficient Number of Constables for the Service of the City and Liberty of Westminster, and to compel proper Persons to take upon them the Office of Jurymen, to prevent Nuisances and other Offences within the said City and Liberty; and in an act made in the thirty-first year of the reign of king George the Second, for explaining, amending, and rendering more effectual the san recited act of the twenty-ninth year; and in an act made in the parliamen of Great Britain, in the thirty-fifth year of the reign of his late majesty king George the Third, intituled An Act for the more effectual Prever tion of the Use of defective Weights, and of false and unequal Balances; 37 Geo. III. c. 143. and in an act made in the parliament of Great Britain, in the thirty seventh year of his said late majesty's reign, for explaining and amending the said recited act of the said thirty-fifth year, and as the said recited act of the said thirty-fifth year is amended by the said act of the sail 55 Geo. III. c. 43. thirty-seventh year; and in an act made in the parliament of the United shall be applied to Kingdom of Great Britain and Ireland, in the fifty-fifth year of the reg 35 Geo. III. c. 102. this act. So much of former statutes, ordinances, or acts, as relate to establishing weights or measures, repealed, viz. tain date. of his said late majesty, intituled 'An Act for the more effectual Preven tion of the Use of false and deficient Measures;' and all the powers, rules regulations, provisions, penalties, and forfeitures in the said several act contained, shall be applied and put in execution as if the weights or mea sures ascertained by this act had been specified in the said recited act respectively, and as if all such powers, rules, regulations, provisions penalties, and forfeitures, and modes of recovery thereof, were repeate and re-enacted in this act, except only so far as the said recited acts, any of them, or any part thereof, are expressly repealed or altered by th act, or any other act or acts." Sect. 22. The regulations and penalties of the Irish acts, viz., 4 Anne (I.); 11 Geo. II. (I.); 25 Geo. II. ̊(I.); 27 Geo. III. (I.); 28 Geo. III. (I shall be applied to this act. Sect. 23. "The several statutes, ordinances, and acts, and parts of th several statutes, ordinances, and acts hereinafter mentioned and specified So far as the same relate to the ascertaining or establishing any standar of weights and measures, or to the establishing or recognizing certai differences between weights and measures of the same denomination, sha from and after the 1st day of May, 1825, be repealed; that is to say, ce tain ancient statutes or ordinances made previous to the reign of kin Edward the Third, but being of uncertain date, intituled or known by th names or descriptions following: Assisa Panis et Cervisia,' or, "The As Statutes of uncer- size of Bread and Ale;' Statutum de Pistoribus, et cetera,' or 'Status concerning Bakers, et cetera ;' Assisa de Ponderibus et Mensuris,' & 'Tractatus de Ponderibus,' or 'Compositio de Ponderibus,' or 'Assize o Weights and Measures; "Statutum de Admensuratione Terræ,' or 'Statut for the Measuring of Land;' Compositio Ulnarum et Perticarum ;' an also so much of a statute made in the 14th year of the reign of kin Edward the Third, as relates to the making of bushels and weights, an sending the same into every country; and also so much of the said las mentioned statute as directs that the sack of wool ought to contain 18 Edw. III. st. twenty-six stones, and every stone fourteen pounds; and also so much o a statute made in the 18th year of the reign of the said king Edward the Third, as relates to commissioners to assay weights and measures; and als so much of a statute made in the parliament summoned at Westminste on the feast of St. Hilary, in the 25th year of the reign of the said king 14 Edw. III. st. I. c. 12. Id. c. 21. 2, c. 4. 25 Edw. III. st. 5, cc. 9, 10. (a) The 11 Hen. VII. c. 4, s. 3, is not expressly repealed; but not being noticed in this clause of the 5 Geo. IV. c. 74, it may be questionable whether it is not virtually so. Edward the Third, as relates to auncel weight, and the weight of the sack 3. Repeal of of wool, and as relates to the bushel, half-bushel, peck, gallon, pottle, and Acts and genequart, and to the quarter and measure of corn; and also so much of the ral Clauses. statute or ordinance of the staples, made in the 27th year of the reign of the said king Edward the Third, as relates to the uniformity of weights 5 Geo. IV. c. 74. and measures throughout the realm; and also so much of a statute made 27 Edw. III. st. in the 31st year of the reign of king Edward the Third, as relates to the 31 Edw. III. st. regulating the price and weight of wools, and as relates to the tun of 1, cc. 2, 5. wine and the gauging thereof; and also so much of a statute made in the 34 Edw. III. c. 5. 34th year of the reign of king Edward the Third, whereby justices of the 2, c. 10. peace are empowered to inquire of weights and measures; and also so 4 Ric. II. c. 1. much of a statute made in the 4th year of the reign of king Richard the Second, as relates to the gauging of vessels of wine, honey, oil, and other liquors brought into the realm; and also so much of a statute 13 Ric. II. st. 1, made in the 13th year of the reign of king Richard the Second, as relates c. 9. to the regulating of weights and measures, and to the buying and selling of wool at fourteen pounds the stone; and also so much of a statute made 15 Ric. II. c. 4. in the 15th year of the reign of king Richard the Second, as relates to weights and measures of corn, wine, ale, and malt; and also so much of 16 Ric. II. c. 3. a statute made in the 16th year of the reign of king Richard the Second, as relates to the clerk of the market, and the assay of weights and mea sures made by him, and the using such weights and measures; and also J Hen. V. c. 10. so much of a statute made in the 1st year of the reign of king Henry the Fifth, as concerns the true measure of corn, or as is intituled An Act concerning the true Measure of Corn;' and also so much of a statute made 2 Hen. VI. c. 11. in the 2nd year of the reign of king Henry the Sixth, as relates to the several measures of vessels of wine, eels, herrings, and salmon; and also 8 Hen. VI. c. 5. much of a statute made in the 8th year of the reign of king Henry the Sixth, as relates to the confirming and amending former statutes concerning weights and measures, and requiring common balances and weights to be kept in all cities, boroughs, and towns; and also so much 9 Hen. 6, c. 6. df a statute made in the 9th year of the reign of king Henry the Sixth, relates to the explaining the said statute of the 8th year of king Henry the Sixth, concerning weights and measures, so far as relates to the bur gesses of Dorchester; and also so much of the said statute made in the Id. c. 8. 9th year of king Henry the Sixth, as relates to the weight of a wey of cheese; and also so much of a statute made in the 11th year of the reign 11 Hen. VI. c. 8. of king Henry the Sixth, as relates to the confirming and amending former statutes concerning weights and measures; and also so much of a statute 18 Hen. VI. c. 17. made in the 18th year of the reign of king Henry the Sixth, as relates to the gauging of vessels of wine, oil, and honey; and also so much of a 22 Edw. IV. c. 2. datute made in the 22nd year of king Edward the Fourth, as relates to the racking of barrelled fish, or as is intituled An Act for packing of Barrelled Fsh; and also the whole of an act made in the 1st year of the reign of ng Richard the Third, intituled 'An Act to ascertain the Contents of Ves- 1 Ric. III. c. 13. els of Wine and Oil,' or 'An Act for the Contents of a Butt of Malmsey;' and also an act made in the 7th year of the reign of king Henry the Se- 7 Hen. VII. c. 4. venth, intituled An Act for Weights and Measures;' and also another act made in the same 7th year of the reign of king Henry the Seventh, intituled Id. c. 8. An Act to pay Custom for every Butt of Malmsey; and also an act made the 11th year of the reign of king Henry the Seventh, intituled An 11 Hen. VII. c. 4. Act for Weights and Measures;' and also an act made in the 12th year of 12 Hen. VII. c. 5. the reign of king Henry the Seventh, intituled An Act for Weights and Measures; and also an act made in the 23rd year of the reign of king 23 Hen. VIII. Henry the Eighth, intituled 'An Act that no Brewers of Beer or Ale shall c. 4. make their Barrels, Kilderkins, or Firkins within them, and how much the c. 6. same Barrels, &c., shall contain;' and also an act made in the 24th year 24 Hen. VIII. of the reign of king Henry the Eighth, intituled An Act concerning Sale of Wines; and also an act made (in the parliament of Ireland) in 12 Eliz. (I.) the 12th year of the reign of queen Elizabeth, intituled An Act for the establishing the Standard of Measures for Corn within certain Shires of |