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weighmaster or his deputy shall weigh the same, and brand and mark on the side of each cask the gross weight thereof, in figures and not in numerical letters, and so on any other brand or mark in addition thereto which they shall think least liable to be counterfeited; and in case said weighmaster or his deputy shall make use of numerical letters, he shall, if convicted on a summary hearing before the mayor, chief magistrate, or J. P., forfeit 5s. for every cask so branded, to be levied by distress, &c. And the weighmaster of each city, &c. or place of export, shall receive from the person bringing butter to be weighed or branded, or from the owner thereof, 1d. for every empty cask so weighed, &c.; and for weighing and branding every cask of butter, 2d.; and for tasting, proving, and marking the quality, 1d., to be paid to the person so tasting, &c.; and no butter shall be packed, sold, or exposed to sale, in any cask exceeding in weight 84lbs. in the gross; and the said weighmaster shall not brand any empty cask, which, when full of butter, may weigh more than 84lbs. gross, nor less than 28lbs. gross; and the tare of every cask shall be 201bs. weight per cwt. weight on the gross weight, or to be deducted in that proportion if it shall weigh less. If any cask of butter shall be tried or bored at any other place save at one of said weighhouses, or bought, sold, or exposed to sale, within any city, &c. place of export, or market town, before the same shall have been duly tried, weighed, and branded at one of said weighhouses, both the buyer and seller, or person so trying or boring, and the person so buying, selling, or exposing to sale such cask of butter, before the same shall have been duly tried, &c. shall, on conviction before the mayor, chief magistrate, or J. P., forfeit for each cask so tried, &c. bought, &c. 20s. to be levied by distress, &c.; and if such offender shall not have sufficient goods, &c. he shall be committed to gaol for not exceeding two months, nor less than one week; and if any person who shall bore any cask of butter within any city, &c. shall not return the butter taken out by such boring into its own proper cavity, on conviction before such mayor, &c. he shall forfeit for every cask 10s. to be levied by distress, &c.; and if not sufficient goods he shall be committed for not exceeding one month, nor less than one week. Every person who shall buy or sell any cask of butter at any greater or less tare, or who shall buy or sell any cask of butter by hand and not by weight, shall, on conviction before the mayor, &c. of city, or J. P. of county, forfeit 10s. for every such cask, to be levied by distress, &c.; and if no sufficient goods, offender to be committed to gaol for not more than one month, nor less than one week. The penalties shall be received by

weighmaster, and go to governors of house of industry, or workhouse, deducting £8 per cent. for his trouble.

Whenever any distress is taken pursuant to this act, no replevin shall lie; but the judgment of the mayor, &c. or J. P. shall be final; and any person sued for putting act in execution may plead general issue, &c. and shall have treble costs of verdict, &c. On complaint or information in writing before the mayor of any city, chief magistrate of any town corporate, or J. P. of the county in which there is such place of export or market town as aforesaid, of any offence against this act, every such mayor, &c. shall summon the person charged to appear before him at a certain time and place, which time shall not be less than forty-eight hours after the issuing of such summons; and if he shall not appear according to such summons, said mayor, &c., shall (proof on oath having been first made of the service thereof, either personally, or by leaving the same at his usual place of abode forty-eight hours before the time so specified for his appearance) issue his warrant for apprehending and bringing him before him. Every mayor, &c., or J. P. shall at the request of any of the parties issue his summons to any witness, to appear within twenty-four hours, and give evidence at a time and place to be specified in such summons; and if he shall not appear, or shall not give a sufficient excuse for his default, or, appearing, shall not submit to be examined, such mayor, &c. or J. P. (proof in the case of non-appearance being first made of the delivery of the summons to him, or leaving it at his usual place of abode), shall commit him to gaol until he shall submit to be examined, &c. This act was amended by the 53 Geo. III. c. 46, Ir., and 7 & 8 Geo. IV. c. 61, Ir. The latter statute enacts that if any person shall counterfeit or alter, (or cause, &c.) any brands or marks directed to be made on any cask, or shall unlawfully erase, efface, or obliterate (or cause, &c.) any such brand, &c. he shall forfeit for every such offence not exceeding £10, nor less than £5. And if any weighmaster or inspector, or his deputy, shall require the buyers or sellers of butter to do any thing contrary to said former acts, or shall demand any greater fees than are thereby provided to be paid, he shall forfeit for every such offence not exceeding £10, nor less than £5. And the 10 Geo. IV. c. 41, Ir., also recites and dispenses with several clauses of the 52 Geo. III. c. 134, 53 Geo. III. c. 4 (and of 53 Geo. III. c. 70, 3 Geo. IV. c. 85, and 7 & 8 Geo. IV. c. 61, relative to the butter trade of Cork and Dublin), and provides that nothing in said former acts shall oblige any person or body corporate to subject any empty cask for packing of butter to be weighed or branded, or oblige him or them to have any cask of butter brought to any weighhouse to be tasted, weighed, and proved by any weigh

master or taster before the same is sold or exposed to sale in or exported from any such city, &c, seaport, or place of export, or market town, or to render any butter not being merchantable liable on that account to any forfeiture. But nothing herein shall abolish the office of weighmaster, or taster, or deputy weighmaster, &c., or prevent any person offering any butter in casks, or any empty casks for the packing of butter, for sale in Ireland, or about to export any such butter or casks, from requiring any such weighmaster or taster to weigh, taste, and prove, inspect and mark, and brand any cask of butter, or any empty cask for the packing of butter, in the manner in and by the said acts prescribed, and subject to the regulations in said acts in that behalf contained.

WEIGHTS AND MEASURES. By 23 & 24 Vic. c. 119, secs. 3 & 4, so much of sec. 9 of 5 & 6 W. IV. c. 63, as requires grand juries to appoint inspectors of weights and measures repealed, and also sec. 18 of 14 & 15 Vic. c. 92.

Sec. 5. [Certain constables to be ex-officio inspectors of W. and M. Such head or other constables in each petty sessions district in Ireland as shall have been selected under the provisions of the 14 & 15 Vic. c. 92, or shall be selected under this act, by the county inspector of constabulary, with the approval of the justices for that purpose, shall be ex-officio inspectors of weights and measures within such district, and shall possess and exercise all the powers and authorities, and be subject to the like penalties for any neglect or offence in the discharge of such duties, which any inspector of weights and measures heretofore possessed or had been liable to under the 5 & 6 W. IV. c. 63, and shall perform such duties, under the direction of the justices at petty sessions, without fee or reward, and notwithstanding any manorial jurisdiction within such district.

Sec. 6. [Custody of copies of imperial standard W. and M.] The grand jury of any county in Ireland may order and direct any inspector of weights and measures heretofore appointed in such county, under the provisions of the said last mentioned act, in whose custody any copy of the imperial standard weights and measures shall have been deposited, as therein provided, to transmit the same to such ex-officio inspector of weights and measures or person in such county as shall be appointed by the inspector general of constabulary, with the consent and approval of the Lord Lieutenant, to have the custody of the same; and any inspector neglecting or refusing to obey such order shall be liable to a penalty not exceeding £10; and in all counties of cities and boroughs where no rate is levied, and which counties of cities and boroughs are liable to county cess, the expense incurred under this act shall be defrayed by the respective counties.

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Sec. 7. [Grand juries to provide sub-standard W. and M.] The grand jury of each county and the town council of each borough in Ireland are required to provide for such county and borough as many copies in iron or other sufficient material of the county copies of the imperial weights and measures, and such accurate beams and scales as they shall see fit, and to direct that such copies shall be duly stamped by such sub-inspector of constabulary as such grand jury or town council respectively shall appoint for that purpose, with the approval of the inspector general; and the said copies shall be called the sub-standard weights and measures; and such grand jury and town council respectively shall also provide such good and sufficient stamps for stamping or sealing weights and measures used or to be used in such county or borough respectively as they shall see fit.

Sec. 8. [Sub-standard W. and M. to be deposited with constables.] Such sub-standard weights and measures shall be deposited in the custody of the said head or other constables, and shall at least once in every year, and also at all other times when required by the county inspector of constabulary of the county, or by the justices at petty sessions, be compared with and corrected. by the said county copies of the imperial weights and measures by the said sub-inspector of constabulary so appointed as aforesaid (subject to such regulations as the inspector general of constabulary shall frame), and such sub-inspector shall adjust the same, and also affix the county or borough stamp thereto, and such sub-standard weights and measures so adjusted and stamped shall, until the next comparison of the same, to be made in manner aforesaid, be considered to all intents the same as the said county copies of the imperial weights and measures, and for all purposes of comparison and verification, and for all other purposes for which such county copies of the imperial weights and measures are required under 5 & 6 W. IV. c. 63, of this act, by any inspector of weights and measures.

Sec. 9. [As to supply of W. and M. to sub-inspectors.] The grand jury in each such county and the town council in each such borough shall and they are hereby required to supply such sub-inspector with such copies of the imperial standard weights and measures, and such county or borough stamps, as the case may be, as may be necessary for such comparison, correction, and stamping, as herein-before mentioned.

Sec. 10. [As to weights to be used until imperial weights, &c. shall be supplied.] Until such copies of the county copies of the imperial weights and measures, and such county or borough stamps shall have been supplied by such grand jury or town council respectively, it shall be lawful for any ex-officio inspector of weights and measures to use, for the purposes of this act, any copies of the county copies of the imperial weights and measures

which shall have been provided for the use of ex-officio inspectors of weights and measures, and shall have been duly stamped by any sub-inspector, under the provisions of the Summary Jurisdiction (Ireland) Act, 1851.

Sec. 11. [Grand jury may present for expenses on county.] The grand jury may present the amount of such expenses as shall be incurred either in procuring or transmitting such sub-standard weights and measures, or otherwise, in carrying the provisions of the said last-mentioned act or this act into effect in such county, and also all such reasonable and necessary expenses as shall be incurred by any such sub-inspector, head or other constable, in relation thereto; and such sums so presented shall be levied off the county in like manner as any other sums presented by such grand jury.

Sec. 12. [Town council may raise amount by way of rate.] The town council in any such borough may make, assess, and levy such rate as may be necessary for defraying the amount of such expenses as shall be incurred either in procuring or transmitting such accurate beams and scales, and such sub-standard weights and measures, or otherwise in carrying the provisions of the said last-mentioned act or this act into effect in such borough; and also all such reasonable and necessary expenses as shall be incurred by any such sub-inspector, head or other constable, in relation thereto; and such rates shall be raised and levied in such manner as any other rates are authorized to be raised and levied within such borough by any act or acts in force therein.

Sec. 13. [Judge of assize may order copies of standards, &c.] The judge of assize shall, before the close of the assizes which shall be held for any county in Ireland next after the passing of this act, and at the first assizes which shall be held in every succeeding year, inquire whether one complete set of such copies of the imperial standard weights and measures and a sufficient number of sub-standard copies of weights and measures, beams and scales, and county stamps has been provided in such county, and in every case in which it shall not appear to him that one set at least of such copies has been so provided such judge shall forthwith order the treasurer of the county to provide one complete set of such copies of the imperial weights and measures, and such number of sub-standard weights and measures, beams and scales, and county stamps, as shall appear to him to be sufficient for such county for the purposes of this act; and every such order shall have the effect of a presentment on the county at large for such sum as may be necessary to procure the same, and such treasurer shall, within 3 months next after he shall receive such order, fully execute the same, or failing so to do, shall be liable to any penalty not exceeding £20.

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