Page:Ruffhead - The Statutes at Large - vol 9.djvu/53

This page has been proofread, but needs to be validated.

A. D. 1762

Anno tertio

C. C. 6.

3

The Proof to proceed upon the Oaths of two Witneſſes converſant in the Prices; who may be ſummoned, and compelled to appear and give Evidence;

III. And be it further enacted by the Authority aforeſaid, That ſuch Proof ſhall only proceed upon the Oaths of two or more credible Witneſſes, converſant in the Prices of the ſeveral Sorts of Grain, Meal or Flour, which ſhall be the Subject of ſuch Inquiry, or by Writings legally proved ; and that it ſhall and may be lawful to the ſaid Magiſtrates and Juſtices of the Peace, within their reſpective Juriſdictions, to ſummon ſuch Perſon or Perſons as to them ſhall appear moſt proper for that Purpoſe, and to compel them to appear and give their Evidence ; and that either by ſuch Remedies, and under ſuch Penalties as are provided by the ſaid Act, in the Cafe of Perſons duly ſummoned to give Evidence, touching the Rates and Prices of the ſeveral Sorts of Grain, Meal and Flour where the Return of the Prices of ſuch Grain, Meal or Flour ſhall be ſuſpected as not truly and bona fide made, or by ſuch Remedies as are competent by the Common Law of Scotland, for compelling Witneſſes to appear and give Evidence in any judicial Trial before a competent Court.

ſo as they be nto obliged to travel above five Miles from home

IV. Provided always, That the Perſon or Perſons ſo ſummoned, be not obliged to travel above five Miles from the Place of his, her or their Abode.

Evidence to ingroſſed in a Book

V. And be it further enacted by the Authority aforeſaid, That the whole Evidence to be taken Evidence to be ingroſſed as above, ſhall be fairly ingroſſed in a Book to be kept for that Purpoſe, by the Town Clerks of the ſeveral Cities and Boroughs where ſuch Proceſs ſhall be taken by the Magiſtrates, or by the Clerk of the Peace where the Proof ſhall be taken by the juſtices of the Peace ;

and ſigned by the Witneſſes, and Magiſtrates taking the ſame; and the reſpective Prices to be declared

and the Evidence as taken down in ſuch Book ſhall be duly ſigned by the ſeveral Witneſſes, and by the Magiſtrates or Juſtices of the Peace who ſhall take the ſame reſpectively, according to the Practice of the Law of Scotland; and that ſo often as ſuch Proof ſhall be taken, the Magiſtrates or Juſtices of the Peace be whom the ſame ſhall be taken reſpectively, ſhall immediately after doling the Evidence, or as ſoon as it can conveniently be done, declare the Prices of the ſeveral Kinds of Grain, Meal or Flour, concerning which the Inquiry has been made, according as theſe ſhall appear to them to be proved, from conſidering the whole Evidence;

and entered in the ſ Bok, and ſigned by the Magiſtrates; which is to be free to publik Inſpection

and which Declaration ſhall be ingroſſed in the and entered in the ſaid Book appointed to be kept as aforeſaid, immediately after the Evidence, and ſhall be ſigned by the Book, and ſigned by the Magiſtrates or Juſtices of the Peace reſpectively, before whom ſuch Proof ſhall be taken; and which Book containing the Evidence and Declaration aforeſaid, ſhall be open and patent to the Inspection of the Makers of Bread, and all other Perſons, without Fee or Reward ; and ſhall to all Intents and Purpoſes be deemed and taken to be equivalent to the Returns or Certificates of the Market Prices of all Kinds of Grain, Meal, Flour, appointed to be taken by the ſaid Act :

The Aſſiſe and Weight of Bread for Sale, to be aſcertained according thereto

And the Magiſtrates and Juſtices of the Peace in that Part of Great Britain called Scotland ſhall thereupon proceed to ſet, aſcertain and appoint the Aſſize and Weight of all Sorts of Bread, which ſhall be made for Sale, or expoſed to Sale, and the Price to be paid for the ſame, within their reſpective Juriſdictions, when and as often, from time to time, as they ſhall think fit, according to the Directions, and agreeable to the Tables enacted and referred to by the ſaid Act.

The Aſſiſe not liable to be varied, but to continue in Force till a new own is made.

VI. Provided always, and be it enacted by the Authority aforeſaid, That when and ſo often as The Aſſize not liable to any Aſſize of Bread ſhall be let, aſcertained and appointed, for any City, Borough or Place, within that Part of Great Britain called Scotland, by the Magiſtrates or Juſtices of the Peace impowered for that Purpoſe, ſuch Aſſize ſhall not be limited to indure for any certain Time, but ſhall continue and ſtand in Force until a new Aſſize of Bread be ſet, aſcertained and appointed by the ſaid Magiſtrates or Juſtices of the Peace, for ſuch City, Borough or Place reſpectively; any Thing in the aforeſaid Act of the thirty-firſt Year of the Reign of his late Majeſty to the contrary notwithstanding.

Upon Appplication and Proof offered of a ſufficient Variation of the Price of any Species of the ſaid Grain, by any two inhabitants or Bakers, ſince the laſt Aſſize

VII. And be it further enacted by the Authority aforeſaid, That upon an Application in Writing by any two or more of the Inhabitants or Bakers, within any City, Borough or County Proof where ſuch Aſſize of Bread ſhall be ſet, to the Magiſtrates or Juſtices of the Peace who ſet the Aſſize, or to the Magiſtrates or Juſtices of the Peace of ſuch City, Borough or County for the the ſaid Grain, by any Time being, ſetting forth, and offering to prove, by proper Evidence, that the Price of any of two inhabitants or the Species of Grain before mentioned has roſe or fallen ſince the laſt Aſſize of Bread was ſet, ſo as to authoriſe an Alteration of ſuch laſt Aſſize, according to the aforeſaid Act of his late Majeſty, Aſſize and Tables therein referred to ; in every ſuch Caſe, the Magiſtrates or Juſtices of the Peace to whom ſuch Application ſhall be made, ſhall within their reſpective Juriſdictions be obliged to take Evidence of the then current Prices, in the Manner before directed ;

freſh Evidence is to be taken of the current Price, and a new Aſſize to be made conformable thereto

and if upon advifing ſuch freſh Evidence is to be Proof, they ſhall find ſuch a Variation of the Prices ſince the laſt Aſſize, as deſcribed in the ſaid Act, they ſhall immediately ſet and aſcertain a new Aſſize of Bread, which ſhall remain till altered agreeable to the Directions herein before given.

Method of Proceeding in caſe of Covinction of Offenders in the recited or preſent Act.

VIII. And be it further enacted by the Authority aforeſaid, That in caſe any Perſon or Perſons ſhall be convicted of any of the Offences mentioned in the ſaid Act, or in this preſent Act, before any Magiſtrate or Magiſtrates, Juſtice or Juſtices of the Peace, in that Part of Great Britain called Scotland, ſuch Conviction ſhall proceed and be drawn up in the Form commonly uſed and practiſed before ſuch Magiſtrates or Juſtices of the Peace, in Convictions for other Offences of the like Nature ; any Thing in the ſaid Act to the contrary notwithſtanding.

Where the magiſtartes of any City Borough neglect thier Duty in ſetting the due Aſſize of Bread,

IX. And whereas it may happen, that the Magiſtrates of ſome of the Cities or Boroughs in that Part of Great Britain called Scotland may neglect to execute the Powers committed to them, neglect their Duty in ſetting and appointing the Aſſize of Bread, within their reſpective Cities and Boroughs ;' Be it

therefore

B 2