or other carriage, and the weight of the coals contained therein, such seller or dealer shall forfeit any sum not exceeding 501. Id. 8. 49.

Carman to weigh.] The carman or driver of any waggon or other carriage, in which any coals exceeding 560lbs. shall be carried in bulk, for delivery to the purchaser thereof, from any lighter, &c. or wharf, &c. within London and Westminster, or within the distance of 25 miles from the Post-Office aforesaid, shall (in case he shall be required so to do by the purchaser or his servant, or other person acting on his behalf), weigh the waggon or other carriage, with the coals therein, at any public weighing-machine for carts or carriages which may be situate on the road between the place from which the coals shall be brought and the place of delivery, or at any point within the distance of 100 yards from any part of such road; and such carman or driver is also hereby directed (in case he shall be required so to do by the purchaser, or other person as aforesaid), to weigh in like manner the waggon or other carriage, without the coals, at any public weighing-machine for carts or carriages which may be situate as aforesaid: and if any such carman or driver shall neglect or refuse, when so required, to weigh the waggon or other carriage, either with or without the coals, at any public weighing-machine for carts and carriages which may be situate as aforesaid, he shall forfeit any sum not exceeding 101.: provided always, that no carman or driver shall be compelled to weigh the waggon, &c, without the coals, until after the same shall have been delivered; and that no such carman, &c. shall be obliged to go back to any such weighing-machine, for the purpose of weighing the waggon or other carriage, either with or without the coals, after he shall have passed the same. Id. s. 50.

Penalty for short weight of coals in bulk.] If in any case where any coals shall be delivered in bulk to the purchaser, as aforesaid, a less quanity shall be delivered than shall be expressed in the ticket to be delivered therewith, the seller shall forfeit any sum not exceeding ten pounds; and if the deficiency shall exceed two hundred and twenty-four pounds, the seller or sellers shall forfeit any sum not exceeding fifty pounds. Id. s. 51.

If any carman or driver of any waggon or other carriage (not belonging to the purchaser) laden with coals for sale, or to be delivered to the purchaser thereof within the limits aforesaid, shall not have placed in, on, or under his waggon or carriage, a perfect weighing-machine, marked at Guildhall, London, by the proper officer there, he shall forfeit any sum not exceeding ten pounds; and the seller or sellers of or dealer

or dealers in, or carrier or carriers of such coals shall forfeit any sum not exceeding twenty pounds. Id. s. 52.

Weighing of coals in sucks.] The carman or driver of any waggon or other carriage, in which coals shall be carried in sacks for delivery to the purchaser, within the limits aforesaid, shall weigh, if he shall be required so to do, any one or more of the sacks contained in any such waggon or other carriage, which may be chosen by the purchaser of the said coals, or his servant, or other person acting on his behalf, with the coals therein, and also afterwards to weigh in like manner such sack without any coals therein. Id. s. 54.

Preventing the weighing of coals in sacks.] If any carman or driver of any waggon or other carriage, in which coals shall be carried in sacks for delivery to the purchaser thereof, within the limits aforesaid, shall neglect or refuse to weigh by the said machine any such sack or sacks of coals in manner hereinbefore directed, when thereunto required by the purchaser or his servant, or other person;-or if any such carman or driver shall drive away, or permit or suffer the said waggon or other carriage to be driven away, without weighing in manner herein directed the said sack or sacks of coals;-or shall hinder, obstruct, or otherwise prevent the purchaser of such coals, or his servant, or any other person whomsoever, from examining the said machine, or weighing all or any of the sacks of coals in such his waggon or other carriage :-such carman or driver shall forfeit any sum not exceeding twenty pounds nor less than five pounds. Id. s. 55.

Also, if any purchaser or his servant, or other person acting for him, who shall require any sack of coals to be weighed, shall find the coals therein to be deficient in weight, and shall signify to the carman or other person attending such waggon or other carriage, his desire to have all the coals contained in such waggon or other carriage, or any part of such coals, weighed or re-weighed in the presence of some constable or other indifferent and credible person, then and in every such case such carman or driver shall remain at or before the house or other premises of the purchaser with such coals, and the waggon or other carriage, until such coals are weighed; and if any such carman or driver shall drive away, or permit or suffer to be driven away, such waggon or other carriage, before the coals contained therein shall be weighed, without the consent of the purchaser or his servant, or such other person as aforesaid, such carman or driver shall forfeit any sum not exceeding twenty pounds. Id. s. 56.

Penalty for not weighing or for short weight.] Such pur

chaser shall procure the attendance of some constable or other indifferent and credible person, to be present at the weighing of such coals; and all the said sacks, both with and without the coals therein, shall accordingly be weighed with the said machine by the carman or other person attending such waggon or other carriage in the presence of the purchaser of the said coals or his servant if he attend, and of such constable or other person; and in case such purchaser or his servant shall not attend, such carman or other person shall proceed in the weighing of such sacks in his absence; "and in case such carman or other person shall refuse or neglect to weigh such sacks, or any of them, in manner aforesaid, he shall forfeit and pay for such offence any sum not exceeding ten pounds; and the constable, police officer, or any other person who may be present, may weigh the said sacks or any of them, as aforesaid; and in case upon the weighing of any such sack it shall happen that any sack or sacks shall not contain either 112 pounds or 224 pounds net of coals, as the case may be," penalty on the seller, not exceeding five pounds. Id. s. 57.

Weighing quantities less than 560lbs.] If any seller or dealer in coals shall deliver to the purchaser thereof, within the limits aforesaid, any quantity of coals less than 560lbs., or the quantity of 560lbs., without previously weighing the same, and also, if required by such purchaser or his servant, in the presence of such purchaser or his servant: then and in every such case such seller or dealer shall for every such offence forfeit and pay any sum not exceeding five pounds. Id. 8. 58.

Selling one kind of coals for another.] "If any seller of or dealer in coals shall knowingly sell one sort of coals for and as a sort which they really are not, within the said port of London, or at any place within the cities of London and Westminister, or within the distance of twenty-five miles from the Post-office aforesaid:" penalty ten pounds for every ton of coals so sold, and so in proportion for any smaller quantity: Provided always, that no seller or sellers of or dealer or dealers in coals shall be subject to such penalty, for or in respect of any number of tons exceeding twenty-five tons for the same offence. Id. s. 45.

Ticket to be sent with coals.] With any quantity of coals exceeding 560lbs. delivered from any lighter, &c. or from any wharf, &c. within the cities of London and Westminster, or within the distance of 25 miles from the Post-office aforesaid. the seller shall cause to be delivered to the purchaser thereof, or to his agent or servant, immediately on the arrival of the waggon, &c. in which such coals shall be sent, and before any of such coals shall be unloaded, a ticket in the form given by

the statute: And in case any such seller do not cause to be delivered such ticket as aforesaid to the purchaser or his servant, before any part of such coals are unloaded, he shall forfeit any sum not exceeding twenty pounds :-and in case the carman, driver of, or other person attending any such waggon or other carriage, &c., to whom any such ticket shall have been given by or by the orders of the seller, in order to be delivered to the purchaser, shall refuse or neglect to deliver such ticket to the purchaser or his servant, before any part of such coals shall be unloaded, such driver, &c. shall forfeit any sum not exceeding twenty pounds: provided always, that coals delivered to any seller or dealer in coals, or to any person or persons purchasing the same at the coal market, may be delivered without any such paper or ticket. Id. s. 47.

Proceedings for penalties.] All penalties by this Act imposed, not exceeding 251., shall be sued for within one calendar month after the offence committed; and such penalties shall be levied and recovered before any justice of the peace for the county, city, or place, where the offence shall be committed; and such justice is hereby required, upon information to him made, to grant a summons or warrant to bring before him such offender or offenders; and if, on conviction, such penalty shall not be forthwith paid, the same shall be levied by distress and sale of the goods of the offender, by warrant under the hand and seal of such justice; and for want of distress, or in case the penalty shall not be forthwith paid, such justice may commit the offender for any time not exceeding six calendar months, unless such penalty, and all reasonable charges attending the recovery thereof, shall be sooner paid; and all such penalties, when recovered, shall be paid into the hands of the overseers of the poor of the parish, township or place where the same shall have been incurred, for the use of the poor of such parish, township, or place. Id. s. 77.

Witnesses may be summoned, and shall attend under the penalty of 251. Id. s. 83.

The justice before whom any such conviction shall take place, if he shall think fit, may order any part, not exceeding one half, of such penalties to be paid to the informer, or other persons assisting in the apprehension of the offender. Id. s. 79.

The justices also may direct all or any part of the reasonable expenses of any constable or other witness, and compensation for time and trouble, to be paid either by the offender or the complainant; and the sum so ordered may be recovered, together with the penalty or without, in the same manner as any penalty is directed to be recovered by this Act. Id. s. 80.

Conviction.] The conviction may be drawn according to the following form (Id. s. 87):

day of

in the year

BE it remembered, that on the of our Lord, A. B. is convicted before me -one of Her Majesty's justices of the peace for the [here specify the offence, and the time and place when and where committed, as the case may be], contrary to an Act of parliament made in the second year of the reign of King William the Fourth, entitled [here insert the title of the Act.*] Given under my hand and seal the day and year first above written.

C. D.

Penalties by carmen, how recovered.] Where any carman or driver shall be convicted of any offence against this Act, and the penalty shall not be forthwith paid, the same shall be paid by the seller by whom such carman or driver shall have been employed at the time when such offence was committed, and shall be recovered by such ways and means as are hereinbefore directed with respect to any penalty imposed by this act : provided that such carman or driver shall be liable to repay to such seller, the amount of such penalty and the costs attending the same; and in case of non-payment thereof, upon demand, and oath of the payment thereof, and that the same and the costs thereof have not been repaid by such carman or driver, the amount of such penalty and costs shall be recovered in like manner as any penalty is directed to be recovered by this Act. Id. s. 81.

Appeal.] Any person so convicted as before mentioned, may appeal to the justices of the peace assembled at the next general quarter sessions for the county, &c., on giving immediate notice of such appeal, and finding sufficient security to the satisfaction of such justice or justices for prosecuting the said appeal with effect, and abiding the determination of the court therein; and such justice at sessions shall hear and determine the matter, and may award costs to either party. Id. s. 82.

Certiorari, &c.] No proceedings had in pursuance of this act shall be quashed or vacated for want of form only, or be removed by certiorari. Id. s. 82.

COAL MINES.

See "Larceny." "Malicious Injuries.”

"An Act for regulating the vend and delivery of coals, in the cities of London and Westminster, and in certain parts of the counties of Middlesex, Surrey, Kent, Essex, Hertfordshire, Buckinghamshire, and Berkshire."