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Butter Trade (Ireland) Act, 1812

BUTTER TRADE (IRELAND) ACT 1812

CHAPTER CXXXIV.

An Act for the better Regulation of the Butter Trade in Ireland.[1] [18th July 1812.]

[S. 1 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Weighmasters and tasters of butter shall be appointed in all cities and towns corporate (except Cork) by the corporate body, and elsewhere by justices of peace at quarter sessions.

In case of neglect to appoint, appointment shall vest in lord lieutenant of Ireland.

2. And . . . be it further enacted, that at some time on or before the first day of March one thousand eight hundred and thirteen in the city of Dublin and in every city and town corporate in Ireland (except the city of Cork) the chief magistrate and aldermen, or chief magistrate and burgesses where there are no aldermen, under the seals of their respective corporations, and in every seaport or place of export from whence butter is commonly shipped for exportation from Ireland, such place being no city or town corporate, and in every market town wherein butter is bought or sold or exposed to sale for the purpose of trade, the justices of the peace for the county or counties in which such seaport or place of export and market town respectively lie, at some general quarter sessions of the peace for such county or counties respectively, or some adjournment thereof, before the said first day of March one thousand eight hundred and thirteen, under their hands and seals, where there shall not be a public weighmaster or joint public weighmasters appointed under any former Act or Acts, or where any vacancy shall happen before the said first day of March one thousand eight hundred and thirteen, shall nominate and appoint some one or more discreet and skilful person or persons to be a public weighmaster, or joint public weighmasters, and taster or tasters of butter in and for such respective city, town corporate, place of export, or market town; and in case such nomination or appointment as herein directed shall fail to be made in any such city, town corporate, seaport, or place of export in Ireland, before the said first day of March one thousand eight hundred and thirteen, then herein directed, such nomination and appointment shall be vested in the lord lieutenant or other chief governor or governors of the privy council of Ireland for the time being.

Weighmasters shall provide weigh-houses, &c.

3. And . . . that all and every public weighmaster or joint public weighmasters, his and their successor or successors in such office, heretofore nominated and appointed or hereafter to be nominated and appointed pursuant to this Act, shall provide or cause to be provided a sufficient and convenient weigh house or weigh houses in each city or the suburbs thereof, town corporate, seaport, or place of export, and market town, where no such weigh house or weigh houses have been heretofore provided, together with weights, beams, scales, branding irons, and other necessaries, at his and their own proper costs and charges, and shall attend at his and their respective weigh house or weigh houses by himself, themselves, or by a sufficient deputy or deputies appointed or to be appointed under the hand and seal of such public weighmaster or joint public weighmasters and tasters (such deputy or deputies to be removable at pleasure of the person or persons so appointing such deputy or deputies, or in manner hereafter mentioned) every day in the week (Sundays, Christmas Day, Saint Stephen’s Day, and New Year’s Day excepted), from eight of the clock in the morning until one and from two in the afternoon until four from the twenty-ninth day of September until the twenty-fifth day of March, and from thence until the twenty-ninth day of September from six of the clock in the morning until one and from two in the afternoon until seven, and then and there weigh, brand, and mark all such butter and casks as by this Act they are required, such butter being first tasted and approved of by such taster or tasters, which they are hereby required to do.

Weighmasters, &c. removable for misbehaviour.

4. And . . . that the mayor, aldermen, and common council of each city, chief magistrate and burgesses of each town corporate, justices of the peace of each county in which each seaport or place of export and each market town respectively lie, at their general quarter sessions of the peace to be held for such county, together with the acting assistant barrister of such county, shall and may from time to time, upon oath of one or more credible witness or witnesses, or upon the affirmation or affirmations (if such witness or witnesses be of the profession of a Quaker, and which oath or affirmation the persons aforesaid before whom any complaint shall be so made is hereby empowered to adminster), and upon full proof of the misbehaviour of such public weighmaster or joint public weighmasters, his or their successor or successors, deputy or deputies, or any of them, in his or their office, upon full hearing of him or them, or upon his or their being duly summoned and neglecting to appear (such summons being in writing and under the hand and seal of such mayor, chief magistrate, or two or more justices of the peace, and served upon the party complained against forty-eight hours at the least previous to the day on which such party is required to appear), remove such public weighmaster or weighmasters, his or their successor or successors, deputy or deputies, taster or tasters, or any of them, as the case may be.

Appeal of either party, if aggrieved, to judges of assize ;

whose decision shall be final.

Costs to be awarded at discretion of judges.

Committal to prison in default of payment of costs.

5. And . . . that if such public weighmaster or weighmasters, his or their deputy or deputies, successor or successors, taster or tasters, or any of them who shall be so removed, or if the person or persons complaining of him or them shall think himself or themselves aggrieved by the determination of the said mayor, aldermen, and common council, chief magistrate and burgesses, or justices of the peace and acting assistant barrister, or any of them, it shall be lawful for the party or parties who shall think himself or themselves so aggrieved to apply by petition to the next going justice or justices of assizes for the county of the city, county of such town corporate, or county at large, in which the place for which such public weighmaster or weighmasters, his or their successor or successors, deputy or deputies, taster or tasters so nominated and appointed and so complained of, lies; which justice or justices of assize is and are hereby empowered to hear and finally to determine the matter of such petition, and to restore said public weighmaster or weighmasters, his or their successor or successors, deputy or deputies, taster or tasters, or any of them, if the complaint be thought just, by warrant under his or their hand and seal or hands and seals, and at his or their discretion to award reasonable costs to the party, who, upon hearing such petition, shall appear to be aggrieved; which costs shall be paid by the party against whom the same shall be awarded within a time to be appointed by such justice or justices of assize; such costs, if any shall be awarded, together with the time limited for the payment thereof, to be mentioned and ascertained in the body of such warrant; and in default of payment of the party against whom such costs are awarded shall be committed under said warrant to the gaol or marshalsea of the county of the city, town corporate, or county at large, from which such warrant of such justice or justices of assize issued, until the same are paid; such warrant to be lodged with the keeper of such prison or marshalsea at the time of the committal of said party to such prison or marshalsea.

Weighmasters to give bond with sureties.

Weighmasters, &c. to take oath.

6. And . . . that each and every public weighmaster or weighmasters, his or their successor or successors, taster or tasters, so to be nominated and appointed by virtue of and in pursuance of this Act, before he or they or any of them shall enter on the execution of said office, shall perfect a bond with sufficient security to the mayor of each city, chief magistrate of each town corporate, and justices of the peace of each county at their county sessions, wherein such public weighmaster or public weighmasters, taster or tasters shall be so appointed and nominated, in such penalty as said mayor, chief magistrate, or justice (as the case may be) shall think reasonable, not exceeding five hundred pounds sterling, or less than fifty pounds sterling, for his or their true and faithful performance and execution of his or their office; and that the said weighmaster or weighmasters, and their deputy or deputies to be by them employed, together with the taster or tasters, shall take and subscribe before the said mayor, chief magistrate, or justices of the peace (as the case may be) the oath (or, if a Quaker, the affirmation) following :

‘I A.B. do swear [or affirm] that I will diligently and faithfully execute the office of public weighmaster [or taster of butter, as the case may be] of the city of            [or, of the town corporate of          , or, of            in the county of            being a place of export, or, market town of            in the county of          , as the case may be], during the time I shall continue in said office: I will take care truly, without fraud or delay, to weigh or cause to be weighed all butter, and to weigh and brand or cause to be weighed and branded all casks, in such order as the said goods shall be brought to me to be weighed and branded; and will taste and truly try all butter required to be tasted in pursuance of my office as taster of butter; and in all other respects, to the best of my skill and judgment, I will truly execute my said charge.’

Which oath or affirmation the said mayor, chief magistrate, and justices (as the case may be) are hereby empowered and required to administer; and which oath or affirmation all and every former weighmaster and weighmasters, his or their deputy or deputies, who shall be in office at the commencement of this Act are, hereby required to take and subscribe.

Former bonds and oaths of weighmasters, &c. to bind them to observe this Act.

7. And . . . that all bonds heretofore executed or hereafter to be executed by any public weighmaster or public weighmasters for the due execution of his or their respective office or offices, and the oath or affirmation which he or they or his or their deputy or deputies have already taken or shall take on entering on the office of public weighmaster or joint public weighmasters, deputy or deputies, pursuant to any former Acts before recited, shall be deemed and are hereby declared to be sufficient to oblige them to observe all the provisions of the present Act.

Bonds and oaths to be filed with clerks of the peace ;

and certificates thereof given.

8. And . . . that every such weighmaster, deputy weighmaster, and taster, before he take upon himself to act in the duties of his office, shall file or lodge, or cause to be filed or lodged, such bond and oath or affirmation, so entered into and made and subscribed as aforesaid respectively, in the office of the clerk of the peace for the county, city, county of a city or county of a town, in which such weighmaster, deputy, and taster shall act as such; and the said clerk of the peace shall give to the party so lodging such bond and oath or affirmation a certificate thereof, in which shall be set forth the names and additions of the sureties in such bond; and oath or affirmation so subscribed as aforesaid shall by such clerk of the peace be kept and preserved amongst the public records of his office.

If any surety die, &c. fresh security to be given.

9. And that if any person so becoming a surety shall die or become bankrupt or an insolvent, the person for whom such person became surety shall, within one calendar month after the death, bankruptcy, or insolvency of such his surety, give fresh or new security, to be approved of in like manner as herein-before mentioned, and in like manner lodge or cause the same to be lodged with the clerk of the peace.

Weighmaster, &c. on demand to produce certificate.

10. And . . . that every person who shall act as weighmaster, deputy weighmaster, or taster shall, upon the request or demand of any magistrate or merchant or buyer of butter, produce and shew the certificate of his having taken such oath and given such security respectively, as herein-before directed.

If weighmaster sell his office, it shall cease.

11. And . . . that if any person who hath been or shall be appointed a weighmaster shall alien, sell, or lease his office of weighmaster, that then and in every such case his said office shall cease and determine.

Penalty on neglect or refusal by weighmaster, &c. to attend as hereby appointed.

12. And . . . that if any public weighmaster or joint public weighmasters, or his or their deputy or deputies, taster or tasters, shall neglect or refuse to attend on the days and during the respective times hereby appointed, said public weighmaster or joint public weighmasters, his or their deputy or deputies, taster or tasters, shall for each offence of himself or themselves forfeit the sum of five pounds sterling, to be recovered by such person or persons who shall first sue for the same by civil bill in the county of the city or county at large where such offence shall be committed and where civil bills are usually tried, with like remedy of appeal for either party as in cases of civil bills, or in a summary way before two justices of the peace where such offence shall be committed

In case of absence of weighmaster, deputy to be removable for misbehaviour, and another to be appointed.

13. And . . . that the mayor of each city, chief magistrate of each town corporate, or a justice of the peace of the county at large in which there is a place of export or market town, where a public weighmaster or joint public weighmasters is, are, or shall be nominated and appointed as aforesaid, in the absence of such public weighmaster or joint public weighmasters of such city, town corporate, place of export, or market town (as the case shall happen to be), shall and may, upon complaint in writing and upon full proof upon oath or affirmation as aforesaid of one or more credible witness or witnesses (which oath or affirmation such mayor, chief magistrate, or justices aforesaid, as the case may be, is hereby empowered and required to administer), of the misbehaviour of the deputy or deputies of such public weighmaster or joint public weighmasters, or any of them, and upon full hearing of him or them, or being duly summoned to appear before such mayor, chief magistrate, or justice of the peace (as the case shall happen to be), having forty-eight hours notice as aforesaid, and neglecting to appear, have power from time to time to remove such deputy or deputies from his or their office or offices, and to nominate and appoint another or others to act in his or their place or stead during the absence of such public weighmaster or joint public weighmasters from time to time as aforesaid.

Casks to be of seasoned oak, &c.

Persons exposing to sale casks not of the weight herein directed shall forfeit ten shillings for each cask.

Persons packing up butter in casks not of the weight herein directed shall forfeit ten shillings for every 56 lbs. and so in proportion for a less quantity.

Empty casks to be weighed and branded before exposure for sale.

Casks not having tare branded, to be stripped.

Weighmasters may use additional brands.

Cooper’s name to be branded on casks.

Penalty on weighmasters, &c. for branding casks not being of due weight, &c., or branding falsely.

14. And . . . that no person shall sell or expose to sale any cask or casks within any city or liberties thereof, town corporate, place of export, or market town, for packing of butter for sale or export, or shall make up or pack any butter in any cask or casks to be exposed to sale or for export in such city, town corporate, or market town, or place of export, unless such cask or casks be made of good seasoned white oak or ash, sycamore, or beech (whereof no part to be of bog timber), and shall be full-bound and made tight, so that each cask shall hold pickle, with head and bottom equally dooled and set to the cross, with good and sufficient hoops on each cask [Rep. 53 Geo. 3. c. 46. s. 1.]; and that every person so selling or exposing to sale any cask or casks for packing butter within any such city and liberties, town corporate, place of export, or market town, . . . . . . . . . . not being of the weight herein-after required, being thereof convicted before the mayor of such city, chief magistrate of such town corporate, or a justice of the peace for the county in which such place of export or market town shall lie, on a summary hearing by the oath or affirmation, as the case may be, of one or more credible witness or witnesses (which oath or affirmation the said mayor, chief magistrate, and justice, as the case may be, is and are hereby empowered and required to administer), or upon the confession of such offender before such mayor, chief magistrate, or justices (as the case may be), shall for every such cask forfeit the sum of ten shillings sterling, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of such mayor, chief magistrate, or justice (as the case may be), which warrant he or they, as the case may be, are hereby empowered and required immediately to issue in case of non-payment upon such conviction or confession as aforesaid; and in case such offender shall not have sufficient goods and chattels to satisfy such penalty, then such offender, by warrant under the hand and seal of such mayor, chief magistrate, or justices, as the case may be, (which warrant he and they are hereby empowered and required to issue) shall be committed to the gaol of such city, town corporate, or county at large (as the case may be), there to remain without bail or mainprize for any space of time not exceeding one month nor less than one week, at the discretion of such mayor, chief magistrate, or justices (as the case may be); and every person making up or packing any butter to be exposed to sale, or for export, within any city or liberties thereof, town corporate, place of export, or market town in any cask or casks . . . . . . . . . . not being of the weight as herein-after required, . . . . . . . . . . being thereof convicted on a summary hearing by the oath or affirmation (as the case may be) of one or more credible witness or witnesses, before the mayor of such city, chief magistrate of such town corporate, or a justice of the peace of the county in which such place of export or market town shall lie where such offence shall be committed, as the case may be, and which oath or affirmation such mayor, chief magistrate, or justice of the peace is hereby required and empowered to administer, or upon confession of such offender before such mayor, chief magistrate, or justices of the peace (as the casem ay be), shall forfeit the sum of ten shillings for every fifty-six pounds weight of butter, and so in proportion for every less quantity which shall be in such cask or casks, to be recovered by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of such mayor, chief magistrate, or justices (as the case may be), which warrant the said mayor, chief magistrate, or justice, as the case may be, is hereby empowered and required immediately to issue in case of non-payment upon such conviction or confession as aforesaid; and in case such offender shall not have sufficient goods and chattels to satisfy such penalty, then such offender shall, by warrant under the hand and seal of such mayor, chief magistrate, or justice, as the case may be, (which warrant said mayor, chief magistrate, or justice or justices aforesaid, as the case may be, is and are hereby empowered and required to issue) be committed to the gaol of such city, town corporate, or county at large, as the case may be, there to remain without bail or mainprize for any space of time not exceeding one month nor less than one week, at the discretion of such mayor, chief magistrate, or justice, as the case may be; and that the public weighmaster or joint public weighmasters of each city, town corporate, place of export, or market town for the time being, his or their deputy or deputies, shall not weigh or brand any butter until the same shall be made up in casks made according to the directions of this Act: and no person shall buy, sell, or expose for sale any empty cask or casks for packing of butter within any city or liberties thereof, town corporate, place of export, or market town, before such cask or casks shall be weighed and branded by the said public weighmaster or joint public weighmasters, his or their deputy or deputies. [Rep. 36 & 37 Vict. c. 91. (S.L.R.)]; which said weighmaster or weighmasters, his or their deputy or deputies, shall be and is and are hereby empowered and required to weigh all such empty casks, . . . . . . . . . . ; the weight of which empty casks . . . . . . . . . . the said weighmaster or joint public weighmasters, his or their deputy or deputies, is and are hereby required to brand on the side and bottom of every such empty cask or casks, in figures and not in letters; . . . . . . . . . . and whenever any such cask or casks of butter shall be brought to any such weighmaster or weighmasters, his or their deputy or deputies, for the purpose of being weighed, which shall not have the tare branded and marked upon the side and bottom of such cask or casks by the said weighmaster or weighmasters, his or their deputy or deputies, that then it shall be lawful for such weighmaster or weighmasters, his or their deputy or deputies, and he and they is and are hereby required, to cause such cask or casks to be stripped, and shall weigh and brand the same in like manner as if such cask or casks had been brought empty to such weigh-house . . . . . . . . . . ; and it shall be lawful for said weighmaster or weighmasters, his or their deputy or deputies, to use any other brand or mark in addition to the foregoing, which the said weighmaster or weighmasters, his or their deputy or deputies, shall think least liable to be counterfeited; and all empty cask or casks, or cask or casks of butter, which shall be brought to any weigh-house of any city, town corporate, place of export, or market town, to be weighed and branded, shall have the name of the cooper who made such cask or casks branded in a legible manner on some conspicuous part of it or them; and in case any empty cask or casks, or cask or casks of butter, shall be brought to any of the said weigh-houses to be weighed and branded as aforesaid, not having the name of the cooper branded on it or them as aforesaid, the said weighmaster or weighmasters, his or their deputy or deputies, is and are hereby empowered and required to seize and carry such empty cask or casks or such cask or casks of butter before the mayor of such city, chief magistrate of such town corporate, or a justice of the peace of the county in which such weigh-house shall lie (as the case may be), who is hereby empowered and required to enquire into the same; and if such cask or casks shall, upon examination, inspection, or due proof, appear not to be branded with the name of said cooper as aforesaid, he shall adjudge such cask and casks to be forfeited, and the person to whom such cask or casks of butter or empty cask or casks shall belong shall forfeit the sum of five shillings sterling for every fifty-six pounds weight of butter which such cask or casks shall contain; and the said mayor, chief magistrate, or justice of the peace aforesaid, as the case may be, is hereby empowered and required to detain such cask or casks of butter until such penalty shall be satisfied; and if such penalty shall not be satisfied within fourteen days, such mayor, chief magistrate, or justice, as the case may be, is hereby empowered and required to cause such cask or casks of butter to be sold by public auction, and shall, out of the money for which the same shall be sold, deduct such penalty and the reasonable expences of such auction, and shall pay the overplus to the owner of such cask or casks of butter; and in case the said weighmaster or weighmasters, his or their deputy or deputies, shall weigh and brand any cask or casks of butter, or for packing of butter, . . . . . . . . . . not being of the weight herein-after directed, . . . . . . . . . . or not branded with the name of the cooper as herein required, or shall mark or brand any cask or casks falsely as containing more or less than the true weight, such weighmaster or weighmasters, his or their deputy or deputies, being thereof convicted before the mayor of such city, chief magistrate of such town corporate, or justice of the peace of the county in which such place of export or market town shall lie, as the case may be, on a summary hearing by the oath (or affirmation, if a Quaker) of one or more credible witness or witnesses (which oath or affirmation every such mayor, chief magistrate, or justice of the peace of the county, as the case may be, is hereby empowered and required to administer), shall for every such cask not . . . . . . . . . . branded as herein is directed, or not being of the weight herein after prescribed, . . . . . . . . . . so weighed and branded by him or them, forfeit the sum of five shillings sterling, and for every cask so marked or branded falsely the sum of ten shillings, to be levied in case of non-payment by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of such mayor, chief magistrate, or justice of the peace, as the case may be; which warrant said mayor, chief magistrate, or justice of the peace aforesaid is hereby empowered and required to issue.

Casks of butter for sale to be tried, weighed, and proved by weighmasters, &c.

If merchantable, to be weighed and branded.

Penalty on weighmasters, &c. branding with numerical letters.

15. And . . . that all and every cask and casks of butter which shall be brought into any city or liberties thereof, town corporate, seaport or place of export, or market town, for sale or for exportation, shall, before the same is sold or exposed to sale in or exported from such city or liberties thereof, town corporate, sea port or place of export, or market town, be brought to some one of the weigh-houses aforesaid, there to be tasted, weighed, and proved by said weighmaster or weighmasters, taster or tasters, of such city, town corporate, sea port or place of export, or market town (as the case may happen to be), his or their deputy or deputies, who is and are hereby required strictly according to their respective offices to inspect the same, and before he or they mark or brand or approve the same, to see that such butter be merchantable [Rep. 36 & 37 Vict. c. 91. (S.L.R.)]; . . . . . . . . . . and when such butter so brought to be sold, weighed, or exposed to sale pursuant to this Act shall appear to such weighmaster or weighmasters, his or their deputy or deputies, taster or tasters, to be merchantable, said weighmaster or weighmasters, his or their deputy or deputies, shall and is and are hereby required to weigh the same, and to brand and mark on the side of each cask the gross weight thereof, in figures, and not in numerical letters, and to use any other brand or mark in addition thereto, which the said weighmaster or weighmasters, his or their deputy or deputies, shall think least liable to be counterfeited; and in case the said weighmaster or weighmasters, his or their deputy or deputies, shall make use of numerical letters in branding any empty cask or casks, or cask or casks of butter, such weighmaster or weighmasters, his or their deputy or deputies, being thereof convicted on a summary hearing upon the oath of one or more credible witness or witnesses (or affirmation, if a Quaker) before such mayor, chief magistrate, or justice of the peace aforesaid, as the case may be, (and which oath or affirmation every such mayor, chief magistrate, or justice of the peace aforesaid is hereby empowered and required to administer) shall forfeit the sum of five shillings for every cask so branded, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of such mayor, chief magistrate, or justice of the peace, as the case may be; which warrant said mayor, chief magistrate, or justice of the peace aforesaid, as the case may be, is hereby empowered and required to issue.

Butter improperly packed to be brought before mayor, &c.

16. And . . . that if any person or persons shall in any cask or casks pack up or mix old butter with new, or mix bay salt instead of white salt in packing it, or greater quantities of salt than what melts in working it up, and shall bring the same to any of the said weigh-houses, that it shall and may be lawful for every such weighmaster or weighmasters, his or their deputy or deputies, and he and they is and are hereby empowered and required, to seize and carry such cask of butter, and cause the person who brought the same to be weighed or the owner thereof to be summoned to appear before the mayor, chief magistrate, or justice of the peace of the county as aforesaid (as the case may be), who is hereby empowered and required to inquire into the same, and if such cask shall upon examination, inspection, or due proof appear to him to contain old butter mixed with new, or that bay salt instead of white salt shall have been used in packing such butter, or that greater quantities of salt than what melts in it hath been used in packing it up, he shall adjudge such cask or casks, with the butter contained therein, to be forfeited; and if such mayor, chief magistrate, or justice of the peace aforesaid (as the case may be) shall be doubtful concerning such butter, or if either party require it, such mayor, chief magistrate, or justice of the peace aforesaid, as the case may be, is hereby empowered and required to summon, examine, and hear upon oath or affirmation as aforesaid, as the case may be, (which oath or affirmation the said mayor, chief magistrate, or justice of the peace aforesaid, as the case may happen to be, is hereby empowered and required to administer) two skilful, disinterested, and impartial persons, whom he shall consider and believe to be competent judges in relation to the nature and quality of such butter, that he may be the better able to determine concerning the same.

Fees to weighmasters, &c.

No butter to be packed, &c. in casks exceeding 84 lbs. in the gross.

Tare to be in proportion to gross weight.

Butter not to be above the riddle.

17. And whereas the weighing, examining, and branding such empty cask or casks and cask or casks of butter are attended with great expense and trouble: Be it therefore enacted, that the weighmaster or weighmasters of each city, town corporate, place of export, and market town for the time being shall have and receive from the person bringing the same to be weighed and branded, or from the owner thereof, the sum of one penny, and no more, for every such empty cask so weighed and branded; and for the weighing and branding every cask of butter, two-pence; and for tasting, proving, and marking the quality, one penny, to be paid to the person so tasting, proving and marking the said butter; and that no butter shall be packed, sold, or exposed to sale in any cask exceeding in weight more than eighty-four pounds in the gross; and that the said weighmaster or weighmasters, his or their deputy or deputies, shall not brand any empty cask which when full of butter may weigh more than eighty-four pounds gross, nor less than twenty-eight pounds gross; and that the tare of every such cask or casks shall be twenty pounds weight per hundred weight on the gross weight thereof, or to be deducted in that proportion though it shall weigh less; and that upon refusal to pay the respective fees aforesaid or any of them by the person or persons liable by this Act to pay the same, it shall and may be lawful for such weighmaster or weighmasters, his or their deputy or deputies, taster or tasters, to detain such cask or casks until satisfaction be made according to the true intent and meaning of this Act; . . . . . . . . . . and if any cask of butter which shall be brought to any of the weigh-houses aforesaid shall have the butter in it packed above the riddle of such cask, such cask of butter shall not be weighed until the surface of such butter shall be reduced to a level with the corner edge of such riddle; and in case the tare marked on any cask of butter which shall be brought to any of the said weigh-houses to be weighed shall not be in the proportion aforesaid to the gross weight of such cask, it shall be lawful for the said weighmaster or weighmasters, his or their deputy or deputies, and he and they are hereby required to erase such tare from such cask, and to mark and brand thereon such tare as shall bear that proportion to the gross weight thereof which by this Act is required.

[S. 18 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Penalty for buying or selling casks of butter otherwise than as herein directed.

19. And . . . that all and every person or persons who shall either buy or sell any cask or casks of butter at any greater or less tare, or shall take or give any greater or less quantity or allowance than the tare and allowance for soakage [Rep. 36 & 37 Vict. c. 35. (S.L.R.)] branded on such cask or casks of butter, or who shall buy or sell any cask or casks of butter by hand and not by weight, such person or persons so buying or selling at a greater or less quantity or tare, or allowance for soakage [Rep. 36 & 37 Vict. c. 35. (S.L.R.)] than as aforesaid, notwithstanding any contract between the person or persons so selling and the person or persons so buying by hand and not by weight, on being convicted thereof before the mayor of any city, chief magistrate of any town corporate, or a justice of the peace of the county where there is a seaport or place of export, or market town as aforesaid, and where such offence shall be committed, as the case may be, by the oath of one or more credible witness or witnesses, or affirmation of a Quaker (which oath or affirmation every such mayor, chief magistrate, or justice of the peace aforesaid, as the case may happen to be, is hereby empowered and required to administer, or on the confession of the party or parties before such mayor, chief magistrate, or justice aforesaid, as the case may be), shall each of them forfeit the sum of ten shillings for every such cask of butter so bought or sold by hand as aforesaid, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of such mayor, chief magistrate, or justice of the peace aforesaid, as the case may be, (which warrant every such mayor, chief magistrate, or justice as aforesaid, as the case may be, is hereby empowered and required to issue); and if in case such offender or offenders shall not have goods and chattels sufficient to answer and satisfy such penalty or penalties, such offender or offenders shall by warrant under the hand and seal of such mayor, chief magistrate, or justice aforesaid, as the case may be (which warrant every such mayor, chief magistrate, or justice as aforesaid is hereby empowered and required to issue), be committed to the gaol of such city, town corporate, or county at large, as the case may be, there to remain without any bail or mainprize for a space of time not exceeding one month, or less than one week, at the discretion of such mayor, chief magistrate, or justice aforesaid before whom such conviction shall be had.

[S. 20 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Casks of butter bought by weighmasters, &c. or persons in their employment, shall be forfeited, or the value thereof.

No publican or cooper to be a weighmaster, &c.

Weighmasters, &c. may have one cask for family use.

21. And . . . that no weighmaster or weighmasters, his or their deputy or deputies, taster or tasters, or any cooper or other person employed in any weigh-house aforesaid, or any person in trust for him, them, or any of them, shall buy, sell, contract, or treat for any cask or casks of butter; and in case any weighmaster or weighmasters, his or their deputy or deputies, taster or tasters, such cooper or other person so employed in any such weigh-house or weigh-houses, or any person in trust for him, them, or any of them, shall buy, sell, contract, or treat for any cask or casks of butter, the said weighmaster or weighmasters, his or their deputy or deputies, taster or tasters, such cooper or other person so employed in any of the said weigh-houses, being thereof convicted before the mayor of any city, chief magistrate of any town corporate, or a justice of the peace for the county where such place of export or market town shall lie, and where such offence shall be so committed, as the case may be, on the oath of one or more credible witness or witnesses, or affirmation if a Quaker (which oath or affirmation every such mayor, chief magistrate, or justice of the peace aforesaid, as the case may be, is hereby empowered and required to administer), shall forfeit the butter so bought, sold, or contracted for by him, them, or any of them, or by any person in trust for him, them, or any of them, or the value thereof, to be recovered in like manner as the penalty for buying butter by hand and not by weight as herein directed; and that no person who keeps a public house, nor any cooper during the time such cooper shall exercise and follow the trade or mystery of a cooper, or shall employ any apprentice or other person in making casks for packing up butter for his use or in trust for him, shall be capable of being a weighmaster or deputy weighmaster for weighing of butter within the meaning of this Act, any thing in this Act or any former law to the contrary notwithstanding: Provided always, that nothing herein contained shall preclude such weighmaster or weighmasters, his or their deputy or deputies, taster or tasters, or such cooper or other person, from purchasing or having in his possession one cask of butter at a time, not exceeding eighty-four pounds gross weight, for the use of his or their family or families, and no more.

Penalty for making or having brands for marking other coopers names, &c.

22. And . . . that if any person or persons shall make or have in his, her, or their possession any brand, mark, or instrument for the purpose of branding or marking on any cask or casks for packing up butter any name purporting to be the name of any master cooper who made, or for whom such cask or casks were made, other than the name of such master cooper, every such person being thereof convicted before the mayor of any such city, chief magistrate of such town corporate, or a justice of peace for the county in which such place of export or market town as aforesaid shall lie, as the case may be, by the oath of one or more credible witness or witnesses, or affirmation if a Quaker (which oath or affirmation such mayor, chief magistrate, or justice aforesaid, as the case may be, is hereby empowered to administer), shall forfeit for every such offence the sum of five pounds sterling, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of such mayor, chief magistrate, or justice as aforesaid, as the case may be, (which warrant the said mayor, chief magistrate, or justice aforesaid, as the case may be, is hereby required to issue); and in case such offender or offenders shall not have goods and chattels sufficient to answer and satisfy such penalty, then such offender or offenders shall be committed to the gaol of such city, town corporate, or county at large, as the case may be, by warrant under the hand and seal of such mayor, chief magistrate, or justice aforesaid, as the case may be, (which warrant every such mayor, chief magistrate, or justice, as the case may be, is hereby empowered and required to issue) there to remain without any bail or mainprize for a space of time not exceeding six months, nor less than one month, at the discretion of such mayor, chief magistrate, or justice as aforesaid, as the case may be; and if any person shall brand or mark any cask or casks for packing up butter with any brand or mark purporting to be the name of any master cooper who made such cask or casks, or for whom such cask or casks were made, other than the name of such master cooper, such person or persons being thereof convicted in manner aforesaid shall forfeit for every such cask the sum of ten shillings, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of such mayor, chief magistrate, or justice aforesaid, as the case may be, (which warrant every such mayor, chief magistrate, or justice aforesaid, as the case may be, is hereby empowered and required to issue); and in case such offender or offenders shall not have goods and chattels sufficient to answer and satisfy such penalty, then the said offender or offenders shall be committed by warrant as aforesaid to the gaol of such city, town corporate, or county at large, as the case may be, there to remain without bail or mainprize for a space of time not exceeding two months, nor less than one week, at the discretion of such mayor, chief magistrate, or justice of the peace aforesaid, as the case may happen to be.

Casks not of the weight herein directed to be brought before mayor, &c.

23. And . . . that if any weighmaster or weighmasters of any city, town corporate, place of export, or market town, his or their deputy or deputies, shall find on examination that any cask or casks for the packing of butter, which shall be brought to any of the weigh-houses aforesaid to be weighed or branded, is or are . . . . . . . . . . not of the weight herein mentioned and required, . . . . . . . . . . . that then it may and shall be lawful for said weighmaster or weighmasters, his or their deputy or deputies, to seize such cask or casks, and carry the same before the mayor of such city, chief magistrate of such town corporate, or a justice of the peace for the county in which such place of export or market town shall lie, as the case may be; which mayor, chief magistrate, or justice of the peace aforesaid, as the case may be, is hereby empowered and required to enquire concerning the same; and if such cask or casks shall upon examination, inspection, or due proof before him appear . . . . . . . . . . not to be of the weight hereby required, . . . . . . . . . . he shall order such cask or casks to be sawed in two across; and if such mayor, chief magistrate, or justice of the peace aforesaid, as the case may be, shall be doubtful of the quality of such cask or casks, or if any of the parties concerned require the same, such mayor, chief magistrate, or justice aforesaid, as the case may be, is hereby empowered and required to summon, examine, and hear upon oath, or affirmation if a Quaker (which said oath or affirmation such mayor, chief magistrate, or justice aforesaid, as the case may be, is hereby empowered and required to administer), two able, disinterested, and impartial master coopers, in relation to the nature and quality of the same, that he may be better able to determine concerning the same.

Sale of forfeited casks.

Application of sale monies ;

and of penalties.

Fees to persons levying distress.

24. And . . . that whenever the mayor of any city, chief magistrate of any town corporate, or justice of the peace for the county in which there is such place of export or market town as aforesaid (as the case may be) shall declare any cask or casks of butter to be forfeited pursuant to the powers given him in this Act, he shall within fourteen days cause the same to be sold by public auction to the highest bidder; and that the money for which such cask or casks of butter shall be sold shall, after defraying the reasonable expences of such sale by auction, be equally divided; one half thereof to go to the person or persons who shall have seized such cask of butter, and the other half to go to the governors of the workhouse or house of industry of such city, town corporate, or county at large (as the case may happen to be), to be by them applied in aid of the fund of such workhouse or house of industry; and in case there shall not be any such workhouse or house of industry, then that such half shall be given and shall go to the poor of the parish where such offence shall have been committed; and that every penalty to be levied by distress for any offence under this Act, and not herein otherwise disposed, shall be equally divided; one half thereof to go to the party informing against and prosecuting every such offence (and which party is and are hereby declared to be competent witness or competent witnesses in every such case), and the other half to go to the governors of such house of industry or workhouse aforesaid (as the case may be), to be by them applied as aforesaid; and in case of no such house of industry or workhouse, such half to go to the poor of the parish where such offence shall have been committed; and the person to whom any warrant of distress for levying such distress, and who shall actually levy the same, shall for his trouble have and receive the following fees; videlicit, two shillings if the penalty do not exceed forty shillings, one shilling in the pound for every penalty above forty shillings and not exceeding five pounds sterling, and sixpence in the pound for every penalty above five pounds; said fees to be levied on the goods and chattels of the person or persons who shall incur such penalties, in like manner as the penalties themselves are by this Act directed to be levied.

Penalties going to house of industry to be received and accounted for by weighmaster, deducting 5l. per cent.

25. And . . . that the weighmaster or weighmasters aforesaid, his or their deputy or deputies, and he and they is and are hereby directed and required to receive all such penalties and forfeitures as by this Act are to go to the governors of any house of industry or workhouse (as the case may be), and shall account quarterly upon oath, or affirmation if a Quaker, with such governors (and which oath or affirmation such governors are hereby empowered and required to administer) for the said penalties and forfeitures received by them respectively, deducting five pounds sterling out of every hundred pounds, and so in proportion, as a recompence for his trouble.

No replevin to lie under this Act, &c.

General issue.

Treble costs.

26. And . . . that whenever any empty cask or casks for packing up butter shall be seized or brought before the mayor of any city, chief magistrate of any town corporate, or justice of the peace for any county where there is such place of export or market town aforesaid (as the case may be), or shall be adjudged and condemned, or whenever any distress is or shall be taken pursuant to this Act, no replevin shall lie, but the judgment of such mayor, chief magistrate, or justice shall be final and conclusive; and that if any person or persons shall be sued, molested, or troubled for putting in execution any of the powers contained in this Act, or for doing any matter or thing pursuant thereto, such person or persons may plead the general issue, and give the special matter in evidence [Rep. 36 & 37 Vict. c. 91. (S.L.R.)], and if the plaintiff or plaintiffs shall be nonsuited, or judgment given against him, her, or them by default, or upon demurrer, or a verdict shall pass for the defendant or defendants, shall have his or their treble costs, to be recovered in such manner as where by law costs are awarded and given to defendants [Rep. 5 & 6 Vict. c. 97. s. 2.]

City of Cork and liberties excepted from this Act.

27. Provided always, . . . that nothing in this Act contained shall extend, or be considered, construed, or taken to extend, to the butter trade of the city of Cork or the liberties thereof.

Appointment of weighmasters for certain liberties.

28. And . . . whereas, by several Acts now or lately in force weigh-houses and weighmasters have been long established in the liberties of Saint Sepulchre and of Thomas Court and Donore, which said liberties are situate within the county of the city and county of Dublin: And whereas it may happen that weigh-houses and weighmasters may have been established by virtue of certain laws and customs in force in certain other liberties in Ireland, and it is expedient that weigh-houses should be continued within all such liberties, and be subject and liable to the same regulations to which any weigh-house or weighmaster to be erected, established, appointed, or continued in any places by virtue of this Act is or may be liable or subject: Be it therefore enacted, that the lord of any manor or seneschal of any liberty under and by virtue of any law or custom in force at the time of the passing of this Act, and which shall have been put in force or acted under for the space of six years before the passing of this Act, shall respectively according to such law or custom have full power and authority to appoint one weighmaster for each and every such manor or liberty, for butter and tallow, to weigh, brand, and mark all such casks and commodities, and take and receive all such sum and sums of money for weighing, branding, and marking the same, as any weighmaster or weighmasters nominated and appointed or to be appointed by or in pursuance of this Act can or may have, exercise, take, or receive by virtue of this Act; and after such casks or commodities shall be weighed, branded, or marked by the weighmaster of the said respective liberties as aforesaid, such casks or commodities shall and may be exported in such sort and manner as if weighed by the weighmaster of any place under the direction of this Act, any clause, matter, or thing in this Act contained to the contrary notwithstanding; which said weighmasters and their respective deputies shall be subject and liable to all the regulations, pains, and penalties to which any other weighmasters or their deputies appointed by this Act or in pursuance thereof are subject and liable, under the direction and controul of the lord or seneschal of any such manor or liberty respectively.

Mayor, &c. shall summon offenders, and issue warrants against those who when summoned do not attend.

29. And, for the more effectually enforcing and carrying into execution the provisions of this Act, be it further enacted, that on complaint or information in writing before the mayor of any city, chief magistrate of any town corporate, or justice of the peace for the county in which there is such place of export or market town as aforesaid (as the case may be), of any offence having been committed against this Act, every such mayor, chief magistrate, or justice aforesaid (as the case may be) is hereby authorized and required to summon the person or persons charged with being an offender or offenders against this Act to appear before him at a certain time and place to be specified, and which time for such appearance shall not be less than forty-eight hours after the issuing of such summons; such mayor, chief magistrate, or justice, as the case may be, proof on oath (if any person or persons so summoned shall not appear according to such summons) having been first made (which oath the said mayor, chief magistrate, or justice is hereby empowered and required to administer) of the service of such summons upon such person or persons, by delivering the same to him, her, or them personally, or leaving the same at his, her, or their usual place of abode or places of residence forty-eight hours at least before the time specified in such summons for his, her, or their appearance, shall make and issue his warrant or warrants for apprehending the person or persons so summoned and not appearing as aforesaid, and for bringing him or them before such mayor, chief magistrate, or justice aforesaid, as the case may be; and it also shall be lawful for such mayor, chief magistrate, or justice aforesaid, as the case may be, in case such person or persons cannot be apprehended and brought before him, or, upon his or their appearing upon such summons, such mayor, chief magistrate, or justice aforesaid, as the case may be, is hereby authorized and required, to make enquiry touching the matters complained of, and to proceed thereon according to the several provisions of this Act.

Mayor, &c. shall summon witnesses, &c.

Witnesses not appearing, or refusing to give evidence, to be committed.

30. And . . . that it shall and may be lawful for every such mayor, chief magistrate, or justice of the peace aforesaid, and before whom any such complaint or information shall be made as aforesaid, and he is hereby authorized and required, at the request of any of the parties, to issue his summons to any witness or witnesses to appear within the space of twenty-four hours, and give evidence before such mayor, chief magistrate, or justice aforesaid, as the case may be, at the time and place appointed for hearing and determining such complaint, and which time and place shall be specified in such summons; and if any person or persons so summoned to appear as a witness or witnesses as aforesaid shall not appear, or shall not give a sufficient excuse for his, her, or their default, or if any person or persons appearing according to such summons shall not submit to be examined as a witness or witnesses, and give his, her, or their evidence touching the matter of such complaint, then and in every such case it shall be lawful for such mayor, chief magistrate, or justice aforesaid, as the case may be, and he is hereby required and empowered and authorized, proof on oath (which oath the said mayor, chief magistrate, or justice aforesaid, as the case may be, is hereby required and empowered to administer in the case of any person not appearing according to such summons) having been first made of the due service of such summons on every such person, by delivering the same to him, her, or them, or by leaving the same at his, her, or their usual place of abode, by warrant under the hand and seal of such mayor, chief magistrate, or justice aforesaid, as the case may be, to commit such person or persons so making default in appearing, or appearing and refusing to give evidence, to the gaol of such city, town corporate, or county, as the case may be, to remain without bail or mainprize until such person or persons shall submit himself, herself, or themselves to be examined, and give his, her, or their evidence touching the matter of such complaint as aforesaid.

[S. 31 rep. 53 Geo. 3. c. 46. s. 2; s. 32 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

[1 So much of this Act as relates to the appointment of tasters of butter in any city, town corporate, or market town in Ireland, not being a seaport or place of export, and as relates to the duties to be performed by such tasters of butter in any such city, town corporate, or market town, not being a seaport or place of export, and as relates to the tasting and proving casks of butter within any such city, town corporate, borough, or market town as aforesaid, not being a seaport or place of export, rep. 7 & 8 Geo. 4. c. 61. s. 1; and so much as in any way relates to the weighing, inspection, or the sale of butter, or the regulation of the butter trade in the borough of Cork, rep. 47 & 48 Vict. c. cxix.]