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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.
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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.
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