out of the Monies to be received by virtue of this Act, who shall from time to time pay fuch Sums of Money for fuch Purposes as the faid Court fhall direct.

Commiffioners may build Piers,

&c. at heland's

Eye, &c.

XXIII. And be it further enacted, That it fhall and may be lawful for the faid Commiffioners from time to time to make, erect and build, in and upon the Island called Ireland's Eye, and in the Sea between the faid Island and the Main Land, fuch Piers, Quays, Works, Erections and Buildings as to the faid Commiffioners fhall feem neceflary or expedient for the more effectual Improvement and Completion of the faid Harbour of Howth, or of the Security and Facility of the Access of Veffels thereto; and that all fuch Piers, Quays, Works, Erections and Buildings at the faid Island, or in the Sea between the fame and the Main Land, fhall be made, erected and built under the Powers and Provifions of this Act; and the faid Commiffioners fhall have all fuch Powers for making, erecting and building the fame, and for obtaining Materials for the fame, as are by this Act given to or vefted in the faid Commiffioners with refpect to the faid Harbour; and all fuch Piers, Quays, Works, Erections and Vested in Buildings whatfoever, fhall be and become vefted in the faid Com- Commiflioners, miffioners, and afterwards in the Corporation for preferving and re- &c. pairing the Port of Dublin, in like manner as is in this Act provided with refpect to the Piers, Quays, Works, Erections and Buildings whatfoever heretofore made or hereafter to be made, erected and built in or about the faid intended Harbour of Howth; and all the Provifions of this Act fhall extend to all fuch Piers, Quays, Works, Erections and Buildings whatsoever in the faid Ifland called Ireland's Eye, in like manner as the fame are extended to the faid Harbour and the other Works in this A&t before mentioned.

XXIV. And be it further enacted, That if any Perfon fhall Obstructing Ex wilfully obftruct, moleft or hinder any Surveyor, Engineer, Work- ecution of Act. man or Labourer employed by the faid Commiffioners for the Purpofes of this Act, in the Performance of his or their Duty or Employment in the Execution of this Act, every Person fo offending fhall forfeit and pay for every fuch Offence any Sum not exceeding Penalty. Five Pounds, nor lefs than Forty Shillings; and if any Perfon fhall wilfully and to the Prejudice of the faid Harbour break, throw down, damage or deftroy any Pier, Dock, Quay, Refervoir, Erection, Machine, Building or Work whatever, heretofore erected or made, or hereafter to be erected or made by virtue of this A&t, or any Part thereof, or shall obstruct, hinder or divert the Courfe of any Obftructing Stream of Water, which at any time before the paffing of this Act Courfe of ran or flowed into the Sea at the faid Harbour, or fhall do Water, &c. other wilful Hurt or Mischief to obftruct, hinder or prevent the carrying on, completing, fupporting, improving and maintaining of the faid Harbour, or of any Waterworks or other Works erected under this Act, every fuch Perfon fhall be adjudged guilty of Felony; and Felony. every fach Perfon fo offending, and being thereof lawfully convicted, fhall be fubje&t to the like Pains and Penalties as in Cafes of Felony, and the Court by or before whom fuch Perfon fhall be tried and convicted, fhall have Power and Authority to cause such Person to be punished in like manner as Felons are directed to be punished by the Law of Ireland; or in Mitigation of fuch Punishment fuch Court may award fuch leffer Punifhment as to fuch Court fhall feem proper. XXV. And be it further enacted, That every Fine, Penalty Penalties how and recovered, &c.

any

T

1

Diftrels.

and Forfeiture inflicted by this Act, (the levying and Recovery whereof is not particularly hereinbefore directed) fhall and may be recovered on Conviction of the Offender by the Oath of One credible Witnefs, or on his own Confeffion, before any One Juftice of the Peace for the County or Place wherein the Offence fhall be committed or the Offender fhall be; and every fuch Fine, Penalty and Forfeiture hall and may, in cafe of Non-payment thereof, be levied by Diftrefs and Sale of the Goods and Effects of the Offender or Offenders, by Warrant under the Hand and Seal of any such Juftice of the Peace, and every fuch Juftice is hereby authorized and required to examine Witneffes upon Oath, and to hear and determine all Complaints touching any fuch Offence or Offences; and every Fine, Forfeiture and Penalty (the Application whereof is not hereinbefore particularly directed), fhall be paid into the Hands of the Secretary to the faid Commiffioners, and fhall be applied and difpofed of to the Purpofes of this Act; and the Overplus of the Money raifed by fuch Diftrefs and Sale, after deducting fuch Fine, Penalty or Forfeiture, and the Expences of fuch Diftrefs and Sale, fhall be rendered to the Owner of the Goods and Effects fo diftrained; and for Want of fufficient Diftrefs, or in cafe the Fine, Penalty or Forfeiture fhall not be forthwith paid, it shall be lawful for fuch Justice Emprisonment. by Warrant under his Hand, to commit fuch Offender to the Common Goal or House of Correction, there to remain without Bail or Mainprize for any time not exceeding Three Calendar Months, unless such Fine, Penalty or Forfeiture, and all reasonable Charges attending the Recovery thereof fhall be fooner paid and fatisfied.

Limitation of
Actions.

General Iffue.

Double Cofts,

XXVI. And be it further enacted, That no Action or Suit shall be commenced against any Perfon or Perfons for any thing done by virtue or in purfuance of this Act, until Twenty one Days Notice thereof in Writing fhall have been given to the faid Commiffioners, nor after a fufficient Satisfaction or Tender thereof hath been made to the Party or Parties aggrieved, nor after fix Calendar Months next after the Fact committed; and every fuch Action fhall be brought in fome of His Majefty's Courts of Record at Dublin, and fhall be laid in the County of Dublin and not elsewhere; and the Defendant or Defendants in fuch Action or Suit fall and may plead the General Iffue, and give this Act and the fpecial Matter in Evidence at any Trial to be had thereupon, and that the fame was done in purfuance and by the Authority of this A&t; and if the fame fhall appear fo to be done, or if fuch Action or Suit fhall be brought after the time hereinbefore limited for bringing the fame, or fhall be brought without Twenty one Days Notice thereof, or fhall be brought in any other County or Place, or after a fufficient Satisfaction made or tendered as aforefaid, that then the Jury fhall find for the Defendant or Defendants; or if the Plaintiff or Plaintiffs fhall become nonfuited, or fuffer a Difcontinuance of his, her or their Action or Actions, or if a Verdict should pass against the Plaintiff or Plaintiffs, the Defendant or Defendants fhall have Double Cofts, and fhall have fuch Remedy for recovering the fame as any Defendant or Defendants hath or have for Cofts of Suit in any other Cafes of Law.

CAP.

CA P. LXXIII.

An Act to alter, explain and amend the Laws now in force
respecting the Trade of Bakers, refiding out of the City of
London or the Liberties thereof, or beyond Ten Miles of
the Royal Exchange.
[9th June 1810.]

WHEREAS an A&t was paffed in the Thirty first Year of the 31 G. 2. 2. 29.

Reign of His late Majefty King George the Second, inti

tuled, An Ad for the due making of Bread, and to regulate the Price and Alize thereof, and to punifh Perfons who fhall adulterate Meal,

• Flour or Bread: And whereas an Act was paffed in the Third 3 G. 3. c. 6. Year of the Reign of His prefent Majefty King George the Third, irtituled, An Act for explaining and amending an Al made in the Thirty first Year of the Reign of His late Majesty King George the Second, intituled, An Ad for the due making of Bread, and to regulate the Price and Affize thereof, and to punish Perfons who

' fhall adulterate Meal, Flour or Bread: And whereas an Act was 13 G. 3. c. 62. paffed in the Thirteenth Year of His faid prefent Majefty's Reign, intituled, An Ad for better regulating the Affize and making of Bread: And whereas fome of the Regulations and Provifions contained in the faid feveral Acts have been found defective, and in fome respects injurious to the Bakers and the Publick; and it is therefore expedient that the fame fhould be altered and amended, and more effectual Provifions made for afcertaining the due Weight ' of Bread, and for the better Obfervance of the Lord's Day, com'monly called Sunday May it therefore please Your Majefty that it may be enacted; and be it enacted by the King's Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That if any Perfon or Selling Bread Perfons refiding beyond he City of London or the Liberties thereof, fhort of Weight. or beyond Ten Miles of the Royal Exchange, who fhall make any Bread for Sale, or who fhall fend out or expofe to or for Sale any Bread which fhall be deficient in Weight, according to the Affize which fhall be fet for any fuch Bread from time to time to be fold at, in pursuance of any A&t or Acts then in force for regulating the Price and Affize of Bread, then it shall be lawful for any Magiltrate or Magiftrates, Juftice or Juftices of the Peace within the Limits of their respective Jurifdictions, before whom any Information shall be given upon the Oath of One or more credible Witneffes of any fuch Deficiency in Weight, and alfo for any Peace Officer or Off- Search Warrant. cers authorized by Warrant under the Hand and Seal or Hands and Seals of any fuch Magiftrate or Magiftrates, Juftice or Juftices (and which Warrant any fuch Magiftrate or Magiftrates, Juftice or Juftices is and are hereby empowered to grant upon receiving such Information upon Oath as aforefaid) at feafonable Times in the Day Time to enter into any Houfe, Shop, Stall, Bakehoufe, Warehouse or Out-house of or belonging to any fuch Baker or Seller of Bread, against whom fuch Information fhall have been made as aforefaid, to fearch for, view, weigh and try all fuch Bread as fhall be then and there found, and fhall have been baked within Twenty four Hours next preceding the time of the fame having been fo weighed, and which Bread thall be weighed by the Bufhel, or in any larger or fmaller Quantity, as may be found moft convenient; and if on the

weighing

Short Weight.

Penalty.

Seizure.

Bakers to have Weights and Seales.

Penalty.

A.D.1810. weighing of fuch Bread any Deficiency fhall be found in its due Weight on the Average of the whole Weight of all fuch Bread as fhall be then and there found, and which shall have been baked within Twenty four Hours as aforefaid, and which Deficiency fhall be proved before fuch Magiftrate or Magiftrates, Juftice or Juftices, upon the Oath or Oaths of the Party or Parties weighing the fame, then he or they fo offending in the Premises, and being thereof convicted, fhall forfeit and pay a Sum not exceeding Five Shillings for every Ounce of Bread which fhall be found deficient in Weight on the Average of all fuch Bread as shall have been fo weighed, and fo in proportion for every Deficiency of Weight lefs than an Ounce, as any fuch Magiftrate or Magiftrates, Juftice or Juftices, before whom any fuch Deficiency in Weight fhall be proved as aforefaid fhall think fit to order, except as hereafter is excepted; and any fuch Magiftrate or Magiftrates, Juftice or Juftices, Peace Officer or Officers, within the Limits of their respective Jurisdictions, may in such Cafe where there is a Deficiency of Weight on the Average as aforefaid, feize all fuch Loaves as fhall be fo found deficient in their due Weight; and any fuch Magiftrate or Magiftrates, Juftice or Justices, may difpofe thereof as he or they in his or their Discretion fhall think fit, except it fhall be proved to any fuch Magiftrate or Magiftrates, Juftice or Juftices, by or on the Behalf of the Parties against whom fuch Information fhall be made by the Oath, or Affirmation, being a Quaker, of any One or more refpectable Houfe-keeper, that fuch Deficiency in Weight wholly arofe from fome unavoiable Accident in baking or otherwife, or was occafioned by or through fome Contrivance or Confederacy.

II. And be it further enacted, That every Baker and Seller of Bread beyond the faid Cityof London and the Liberties thereof, and beyond the faid Ten Miles of the Royal Exchange, fhall have fixed in fome convenient Place of his or her Shop a Beam and Scales, with proper Weights of the Affize Weight of a Half-peck Loaf, a Quartern Loaf, and a Half-quartern Loaf; and alfo of an Eighteen penny, One Shilling, Six penny and Three penny Loaf; and that any Perfon or Perfons who may purchase any fuch Loaf or Loaves of Bread from any fuch Baker or Seller of Bread, may, if he, the or they fhall think proper, require the fame to be weighed in his, her or their Prefence; and if any fuch Loaf or Loaves fhall be found deficient in Weight, then the Perfon or Perfons demanding the fame to be fo weighed, fhall have the Deficiency made up with other Bread or another Loaf or Loaves given in lieu thereof, as may be required by fuch Perfon or Perfons; and any fuch Baker or Seller of Bread as aforefaid, who fhall neglect to fix fuch Beam and Scales in fome convenient Part of his or her Shop, or to provide and keep for Ufe proper Weights, or whofe Weights fhall be deficient in their due Weight, or who fhall refufe to weigh any Half-peck Loaf, Quartern Loaf, or Half quartern Loaf or Loaves purchafed in his, her or their Shop, in Prefence of the Party or Parties requiring the fame, and fhall be thereof convicted, either by the Oath of One or more credible Witnefs or Witnefles, or his, her or their own Confeffion, he, fhe or they fhall, for every fuch Offence, forfeit and pay a Sum not exceeding Ten Shillings, as the Magiftrate or Magiftrates, Juftice or Juftices, before whom fuch Offender fhall be convicted fhall think fit.

III. Provided

III. Provided always and be it further enacted, That no Mafter, Baking on SunMiftrefs, Journeyman or other Perfon refpectively exercifing or em- day. ployed in the Trade or Calling of a Baker, beyond the faid City of London or the Liberties thereof, or beyond the faid Ten Miles of the Royal Exchange, fhall, on the Lord's Day, commonly called Sunday, or any Part thereof, make or bake any Houfehold or other Bread, Rolls or Cakes of any Sort or Kind, or fhall on any Part of the faid Day, excepting between the Hours of Ten of the Clock Hours. in the Forenoon and half aft One of the Clock in the Afternoon, on any Pretence whatfoever, fell or expofe to Sale, or permit or fuffer to be fold or expofed to Sale, any Bread, Rolls or Cakes of any Sort or Kind, or bake or deliver, or permit or fuffer to be baked or delivered, any Meat, Pudding, Pie, Tart or Victuals, at any time after half past One of the Clock in the Afternoon of that Day, or in any other manner exercise the Trade or Calling of a Baker, or be engaged or employed in the Bufinefs or Occupation thereof, fave and except fo far as may be neceffary in fetting and fuperintending the Sponge to prepare the Bread or Dough for the following Day's Baking, and that no Meat, Pudding, Pie, Tart or Victuals fhall be Setting and brought to or taken from any Bakehoufe during the time of Divine fuperintending Sponge. Service in the Church of the Parish, Hamlet or Place where the fame is fituate, nor within one Quarter of an Hour of the time of Commencement thereof; and every Perfon offending against the foregoing Regulations, or any One or more of them, or making any Sale or Delivery, hereby allowed between the Hours aforefaid, otherwife than within the Bakehoufe or Shop, and being thereof convicted before any Juftice of the Peace of the County, City or Place where the Offence fhall be committed, within Two Days from the Commiffion thereof, either upon the View of fuch Juftice, or on Confeffion by the Party, or Proof by One or more Witness or Witneffes upon Oath, fhall, for every fuch Offence, forfeit, pay and undergo the Forfeiture, Penalty and Punishment hereinafter mentioned, that is to fay, for the first Offence any Sum not exceeding First Offence. Five Shillings, for the Second Offence any Sum not exceeding Ten Second Offence. Shillings, and for the Third and every fubfequent Offence refpec- Subfequent tively any Sum not exceeding Fifteen Shillings, and fhall moreover Offence. on every fuch Conviction, bear and pay the Cofts and Expences of the Profecution, fuch Cofts and Expences to be affeffed, fettled and afcertained by the Justice convicting; and the Amount thereof, together with fuch Part of the Penalty as fuch Juftice fhall think proper, to be allowed to the Profecutor or Profecutors for Lofs of time in inftituting and following up the Profecution, at a Rate not exceeding Three Shillings per Diem, and be paid to the Profecutor or Profecutors for his and their own Ufe and Benefit, and the Refi due of fuch Penalty to be paid to fuch Juftice, and within Seven Days after his Receipt thereof to be tranfmitted by him to the Churchwardens or Overfeer or Overfeers of the Parish or Parishes where the Offence fhall be committed, to be applied for the Benefit of the Poor thereof; and in cafe the whole Amount of the Penalty, and of the Cofts and Expences as aforefaid, be not paid within Three Days after Conviction of the Offender or Offenders, fuch Juftice fhall and may, by Warrant under his Hand and Seal, dire the fame to be levied and raifed by Diftrefs and Sale of the Diftrefs. Goods and Chattels of the Offender or Offenders, and in Default

or