[Preamble recites 3 & 4 Vict. c. 91.]
[S. 1 rep. 37 & 38 Vict c. 96. (S.L.R.).]
Certain enactments in the said Act referring to the unlawful disposal of materials, &c. to extend and apply to cloths, tools, and apparatus.                                    2. [Recitâl of 3 & 4 Vict. c. 91. ss. 4, 5, 10.] The said Act shall extend and apply to cloths made of linen, hempen, cotton, silk, or woollen yarns, or cloths made of any one or of any mixture of these materials, and also to such tools and apparatus as in the said Act are mentioned, in such and the same manner as if the words “cloths, tools, and apparatus” had been inserted and mentioned throughout the said several enactments, together with and in addition to “materials.”

3 & 4 Vict. c. 91. s. 6.                                                                                3. And whereas by the said Act it is enacted, that if any credible person should make oath before a justice of the peace that there is reasonable cause to suspect that any person has in his possession or on his premises any purloined or embezzled cloths, yarns, materials, tools, or apparatus, such justice is thereby authorized and required to grant his warrant to search the dwelling house and premises of such person; and the said enactment now in recital authorizes such proceedings as therein are mentioned to be taken against such person, in case any such property should be found in his possession or in such dwelling house or premises: And whereas doubts are entertained whether, in proceeding against any party under the said enactment, it is necessary to prove that such cloths, yarns, materials, tools, or apparatus as therein are mentioned, have been actually purloined or embezzled; and it is expedient to remove such doubts: Be it therefore enacted that it shall not be necessary, in any proceedings under the lastly herein-before recited enactment, to prove that the cloths, yarns, materials, tools, or apparatus, in respect of which such proceedings shall take place, have been purloined or embezzled, in case the party making oath before a justice of the peace that there is reasonable cause to suspect that a person has in his possession or premises any purloined or embezzled cloths, yarns, materials, tools, or apparatus, do likewise make oath that he suspects the same to have been purloined or embezzled.

In proceeding under search warrant, proof not to be deemed necessary where oath has been made of reasonable suspicion of purloining, &c.

3 & 4 Vict. c. 91, s. 7.                                                                                4. And whereas the said Act contains a provision empowering any chief constable or chief of police, upon receiving information that stolen or purloined and embezzled linen, hempen, cotton, silk, or wollen yarns or cloths, made of any one or any mixture of these materials, or tools or apparatus for manufacturing the same, or that such yarns or goods suspected of being stolen or purloined and embezzled, are deposited in certain specified premises, and that there is reason to apprehend that such yarns or goods will be removed before a warrant can be obtained from a justice to search the said premises, and to seize such yarns or goods, and to proceed thereupon in a certain manner by the said Act directed: And whereas it is expedient to repeal so much of the said enactment as authorizes such seizure in the first instance by such chief constable or chief of police: be it therefore enacted, that so much of the said Act as authorizes any such chief constable or chief of police to in the first instance make such seizure shall be repealed; and that in lieu thereof, [Rep. 37 & 38 Vict. c. 96. (S.L.R.)] it shall be lawful for such chief constable or chief of police to place a constable or peace officer in charge of such premises, in order to prevent the removal of such property, for such reasonable time as he may consider necessary for the obtaining of such warrant as in the said Act mentioned.

Power to place a constable in charge of the premises, to prevent the removal of suspected property.

3 & 4 Vict. c. 91. s. 11.                                                                                5. And whereas provision is made by the said Act for the restitution of property found in the possession of a person convicted’ under the said Act, when, after advertising the same, as thereby directed, the ownership thereof shall be proved, upon payment of the reasonable cost of removing, depositing, and advertising and giving notice of the same: And whereas it is just that the expences of the prosecution shall also be paid by such owner, in case of such restitution: Be it therefore enacted, that no such property shall be restored until the expences of the prosecution shall also be paid by the owner, if not previously paid by the person convicted.

Expenses of prosecution to be paid before restoration of property.

3 & 4 Vict. c. 91. s. 21.                                                                                6. And whereas provision was made by the said Act restraining any landlord or other person from seizing or selling, by virtue of any distress warrant, execution, or other proceeding for rent in arrear or money due or alleged to be due by a weaver or worker, or on any other account whatever, any cloths, yarns, materials, or tools or apparatus for manufacturing the same, belonging to a manufacturer or agent, and entrusted by him to such weaver or worker for the purpose of manufacture, or any tools or apparatus actually employed in manufacturing such cloths or yarns: And whereas it is expedient to amend the said provisions: Be it therefore enacted, that if the landlord or other person making such seizure shall give the manufacturer or agent a notice in writing of such seizure having been made, and requiring him to have all such cloths, yarns, materials, or tools or apparatus removed off the premises, and he shall refuse or neglect to have the same removed within three days (exclusive of Sunday) from the time of service of such notice, then in such case such manufacturer or agent shall be deprived of any remedy he would otherwise be entitled to for the recovery of the same under the said Act, from such landlord or other person.

Landlord or other person seizing for rent due from weaver may give notice to manufacturer to remove his cloths, yarns, &c. and in default the manufacturer to lose his remedy.

[S. 7 rep. 37 & 38 Vict. c. 96. (S.L R.).]


Treasury Solicitor constituted a corporation sole.                   1. The person for the time being holding the office of Solicitor for the affairs of Her Majesty's Treasury (in this Act referred to as the Treasury Solicitor) shall be a corporation sole by name of the Solicitor for the affairs of Her Majesty's Treasury, and by that name shall have perpetual succession, with a capacity to acquire and hold in that name lands, Government securities, shares in any public company, securities for money, and real and personal property of every description, to sue and be sued, to execute deeds, using an official seal, to make leases, to enter into engagements binding on himself and his successors in office, and to do all other acts necessary or expedient to be done in the execution of the duties of his office.

Any document purporting to be sealed with the said official seal shall be receivable in evidence of the particulars stated in such document.

Grant of administration to Solicitor of Treasury.                    2. Where, by reason of Her Majesty having become entitled in right of Her Crown to the personal estate of an intestate or otherwise, any court has power to grant administration of the personal estate of any deceased person to a nominee of Her Majesty, and Her Majesty, by warrant under Her Royal Sign Manual, is pleased to nominate for that purpose the Treasury Solicitor for the time being, the court may grant such administration for the use of Her Majesty to the Treasury Solicitor (by his official name) and his successors, or, if the warrant so provide, to some person nominated in that behalf by the Treasury Solicitor.

A royal warrant may nominate the Treasury Solicitor for the purposes of this section, either in any particular case or class of cases, or in all cases, and may limit such nomination to be during Her Majesty's pleasure, or during any limited period or otherwise, as to Her Majesty may seem fit; and may, if to Her Majesty seem fit, authorise the Treasury Solicitor to nominate some other person to take out the administration in any particular case or class of cases.

The administration so granted to the Treasury Solicitor, and the office of administrator under such grant, and all the estate, rights, duties, and liabilities of such administrator, shall, notwithstanding any change in the person who is Treasury Solicitor, be vested in and imposed on the Treasury Solicitor for the time being without any further grant of administration.

Provided that nothing in this section shall affect any limitation, in duration or otherwise, contained in the grant, or any right of any court to revoke such grant.

Where administration is granted to the Treasury Solicitor he shall, notwithstanding that he does not give the bond which, if such administration had been granted to him as a private individual, he would be required by law to give, be subject, as regards the administration, to the liabilities and duties imposed by such bond.

Powers of Assistant Solicitor.                                       3. [1] An Assistant Solicitor for the affairs of Her Majesty's Treasury may, on behalf of the Treasury Solicitor, take any oath, make any declaration, verify any account, execute any deed, or do any act or thing whatsoever which the Treasury Solicitor is required or authorised under Act of Parliament or otherwise to take, make, verify, execute, or do for the purpose of an administration granted to him or for the purpose of any Act of Parliament, or otherwise in the execution of his duties as the Treasury Solicitor.

Disposal of property received under administration, forfeiture, &c.  4. All moneys, securities, and property, real or personal, received by or vested in the Treasury Solicitor under any administration, or in consequence of the same having accrued to Her Majesty as part of the personal estate of any deceased person, or under any forfeiture, or otherwise by virtue of her royal prerogative, shall be paid, invested, transferred, sold, and disposed of in such manner as may be directed by rules under this Act, and, so far as such rules do not apply, as the Treasury direct, subject as follows:
(1.) All such money and all money arising from such securities and property, whether as income or as the proceeds of the sale or disposal thereof, or otherwise, shall be carried to the account directed by the rules (in this Act referred to as the Crown's Nominee Account); and
(2.) All money standing to the said account and not required for the purposes thereof shall be paid into the account of Her Majesty's Exchequer; and
(3.) Where any money, securities, or property to which this section applies has been granted by Her Majesty to any person, and has not been claimed within the period fixed by the rules, the Treasury may direct such unclaimed securities and property to be sold, and the proceeds of such sale and the said money to be paid to the Crown's Nominee Account:
Provided, that if any person satisfies the Treasury of his right under the said grant to the whole or any part of such unclaimed money, securities, or property, the Treasury may direct the sum paid to the Crown's Nominee Account in respect of the same or of the part to which such person shows himself to be entitled, to be paid to such person out of the Consolidated Fund, or the growing produce thereof.

The accounts of the receipts and expenditure on the Crown's Nominee Account shall be deemed to be public accounts; and such abstract thereof as may be directed by rules under this Act shall be annually laid before the House of Commons.

Rules by Treasury.                                                   5. The Treasury may from time to time make, and when made, revoke, alter, and add to, rules for carrying this Act into effect.

Every such rule shall be laid before Parliament within one month after it is made if Parliament be then sitting, or if not, within one month after the then next meeting of Parliament.

Application of Act to previous administrations, &c.                  6. This Act shall, so far as circumstances admit, apply, in the case of personal estate and property to which Her Majesty or any of Her Majesty's predecessors has become entitled before the passing of this Act, and of warrants given, and grants made, and acts done before the passing of this Act, and the satisfaction of claims under such grants, in like manner as it applies respectively in the case of property to which Her Majesty may become entitled after the passing of this Act, or of grants made or acts done after the passing of this Act, or the satisfaction of claims under such grants.

Definitions.                                                         7. In this Act:—
The expression “administration” means letters of administration of the personal estate and effects of a deceased person, whether general or limited, or with the will annexed or otherwise, and includes confirmation in Scotland.

[S. 8 rep. 46 & 47 Vict. c. 39 (S.L.R.)]
Partial repeal.                                                      9. [Repeal of 15 & 16 Vict. c. 3.]

(1.) So much of the said Act as is set forth in the second schedule to this Act shall be re-enacted in manner therein appearing, and shall be in force as if enacted in the body of this Act; and
(2.) Any administration by or in pursuance of that Act vested in or granted to any person who was Treasury Solicitor shall continue in force as if it had been granted under this Act to the Treasury Solicitor by his official title; and
(3.) Any accounts opened in pursuance of the said Act shall continue until altered by the Treasury in pursuance of this Act, and all money, stocks, and securities standing to the said accounts shall be dealt with accordingly, and any general account opened in pursuance of the said Act shall be deemed, whilst continued, to be the Crown's Nominee Account under this Act.
. . . . . . .
Short title.                                                         10. This Act may be cited as the Treasury Solicitor Act, 1876.

[First Sched. rep. 57 & 58 Vict. c. 56 (S.L.R.)]
[1 Short title, “The Treasury Solicitor Act, 1876.” See s. 10.]

[1 This section authorises any assistant solicitor to act for the solicitor in his capacity as Director of Public Prosecutions, 47 & 48 Vict. c. 58, s. 2.]


[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.  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.

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

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 ;                                                                                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.

whose decision shall be final.
Costs to be awarded at discretion of judges.
Committal to prison in default of payment of costs.
Weighmasters to give bond with sureties.                                                                                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 :
Weighmasters, &c. to take oath.
‘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 ;                                                                                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.

and certificates thereof given.
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.                                                                                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.

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.

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

If merchantable, to be weighed and branded.
Penalty on weighmasters, &c. branding with numerical letters.

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.                                                                                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.

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.
[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.                                                                 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.

No publican or cooper to be a weighmaster, &c.
Weighmasters, &c. may have one cask for family use.
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.                                                                                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.

Application of sale monies ;
and of penalties.
Fees to persons levying distress.
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.                                                                                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.]

General issue.
Treble costs.
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.                                                                                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.

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

[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.]


‘Whereas by the Custom of Merchants a Bill of Lading of Goods being transferable by Endorsement the Property in the Goods may thereby pass to the Endorsee, but nevertheless all Rights in respect of the Contract contained in the Bill of Lading continue in the original Shipper or Owner, and it is expedient that such Rights should pass with the Property: And whereas it frequently happens that the Goods in respect of which Bills of Lading purport to be signed have not been laden on board, and it is proper that such Bills of Lading in the Hands of a bonâ fide Holder for Value should not be questioned by the Master or other Person signing the same on the Ground of the Goods not having been laden as aforesaid:’ Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
Rights under Bills of Lading to vest in Consignee or Endorsee.                                    I. Every Consignee of Goods named in a Bill of Lading, and every Endorsee of a Bill of Lading to whom the Property in the Goods therein mentioned shall pass, upon or by reason of such Consignment or Endorsement, shall have transferred to and vested in him all Rights of Suit, and be subject to the same Liabilities in respect of such Goods as if the Contract contained in the Bill of Lading had been made with himself.

Not to affect Right of Stoppage in transitu or Claims for Freight.                                II. Nothing herein contained shall prejudice or affect any Right of Stoppage in transitu, or any Right to claim Freight against the original Shipper or Owner, or any Liability of the Consignee or Endorsee by reason or in consequence of his being such Consignee or Endorsee, or of his Receipt of the Goods by reason or in consequence of such Consignment or Endorsement.

Bill of Lading in Hands of Consignee, &c. conclusive Evidence of Shipment as against Master, &c.  III. Every Bill of Lading in the Hands of a Consignee or Endorsee for valuable Consideration representing Goods to have been shipped on board a Vessel shall be conclusive Evidence of such Shipment as against the Master or other Person signing the same, notwithstanding that such Goods or some Part thereof may not have been so shipped, unless such Holder of the Bill of Lading shall have had actual Notice at the Time of receiving the same that the Goods had not been in fact laden on board: Provided, that the Master or other Person so signing may exonerate himself in respect of such Misrepresentation by showing that it was caused without any Default on his Part, and wholly by the Fraud of the Shipper, or of the Holder, or some Person under whom the Holder claims.

Proviso.


Advances by Irish Land Commission.                                  1. [Amendment of 48 & 49 Vict. c. 73, and reference to the Acts amending the same. Rep. 59 & 60 Vict. c. 47, s. 52.] The money required for the purpose of advances under the said Acts as amended by this Act shall be advanced out of the Local Loans Fund, in accordance with the National Debt and Local Loans Act, 1887.

50 & 51 Vict. c. 16.
Limitation of advances. 48 & 49 Vict. c. 73.                        2. No advance shall be sanctioned by the Land Commission to any one purchaser of land under the Purchase of Land (Ireland) Act, 1885, or the Acts amending the same, exceeding the sum of three thousand pounds, unless in the opinion of the Land Commission the advance of such larger amount (not exceeding five thousand pounds), is expedient for the purpose of carrying out sales on the estate of the same landlord.[1]

Relation of landlord and tenant determined by approval of advance.  3.[2] The approval of the Commissioners to the sanction of any advance shall be signified by an order as of date on which such approval was made, and from and after such date the vendee, in the event of the sale being carried out, shall be discharged from all liability to the vendor in respect of any liabilities affecting the holding, including all rent and arrears existing at the date of the agreement for sale between the landlord and tenant. Provided that, notwithstanding anything in this section expressed, the vendor shall be entitled to recover from the vendee interest in lieu of rent for the period which may elapse between the date of signing the agreement for sale and the date of the completion of the sale by the Land Commission, unless the parties shall have otherwise agreed.

Sub-letting.                                                        4. Where the Land Commissioners shall sanction an advance for the purchase of a holding which is agreed to be sold subject to a sub-tenancy or sub-letting of any kind, they may prescribe such terms as to rent and otherwise with regard to the part sub-let as they think fit.

[S. 5 rep. 54 & 55 Vict. c. 48, s. 43. S. 6 rep. 59 & 60 Vict. c. 47, s. 52.]

Short title.                                                        7. This Act may be cited for all purposes as the Purchase of Land (Ireland) Amendment Act, 1888.

[1 But see 59 & 60 Vict. c. 47, s. 30, as to advances to a purchaser as a trustee or as personal representative of a deceased person. See also 3 Edw. 7. c. 37, ss. 1(4), 2 (2), 52.]

[2 This section is rep. by 59 & 60 Vict. c. 47, s. 52, save as regards agreements for purchase made before the passing of that Act.]


[25th October, 2020]
Be it enacted by the Oireachtas as follows:
Definitions
1. In this Act—
“Act of 2004” means the Commissions of Investigation Act 2004 ;
“Agency” means the Child and Family Agency;
“Commission” means the commission of investigation established by the Order of 2015;
“database” means the databases of residents of the institutions (specified in the Appendix to the terms of reference of the Commission set out in the Schedule to the Order of 2015) created by the Commission;
“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 ;
“document” has the meaning assigned to it by the Act of 2004;
“evidence” has the meaning assigned to it by the Act of 2004;
“Minister” means the Minister for Children, Equality, Disability, Integration and Youth;
“Order of 2015” means the Commission of Investigation (Mother and Baby Homes and certain related Matters) Order 2015 ( S.I. No. 57 of 2015 );
“personal data” shall be construed in accordance with the Data Protection Regulation;
“related record” means—
(a) any evidence within the meaning of the Act of 2004 received by the Commission,
(b) any document created by or for the Commission within the meaning of section 43 of that Act, or
(c) a copy of any such evidence or document,
from which information was obtained for the purpose of creating the database.

Deposit of certain records of Commission with Child and Family Agency
2. (1) Notwithstanding subsection (2) of section 43 of the Act of 2004, the Commission shall, as soon as may be after the passing of this Act, deposit with the Agency the database and all related records.
(2) For the avoidance of doubt, the obligation under subsection (1) to deposit the database and all related records with the Agency is an obligation to so deposit the database and all related records without redaction therefrom.

Restriction on processing of certain records
3. (1) It shall not be lawful for the Agency to process—
(a) such part or parts of the database as contain information compiled from a related record referred to in paragraph (b),
(b) any related record deposited with the Agency in accordance with section 2 that was given to the Commission by a person other than the Agency, or
(c) any information contained in any such part of the database or any such related record,
unless the processing of any such part, any such related record or any such information is—
(i) subject to subsection (2), for a legitimate purpose, or
(ii) authorised or required by or under the Data Protection Regulation, the Data Protection Acts 1988 to 2018 or any other enactment (other than this Act).
(2) Where the Agency processes a part of the database, a related record or information, to which paragraph (a), (b) or (c) of subsection (1) applies, for a legitimate purpose, it shall not effect access, or cause or require any person to effect access, to personal data (within the meaning of the Data Protection Regulation) contained therein.
(3) For the avoidance of doubt, neither this Act nor the Act of 2004 shall operate to prevent the Agency from processing information contained in the database that was compiled from a related record given to the Commission by the Agency.
(4) In this section—
“legitimate purpose” means the purpose of maintaining any part of the database, any related record or any information to which paragraph (a), (b) or (c) of subsection (1) applies;
“process” shall be construed in accordance with the Data Protection Regulation.

Deposit of copies of certain records with Minister
4. (1) The Commission shall make a copy of the database and a copy of all related records and shall deposit those copies with the Minister.
(2) For the avoidance of doubt, the obligation under subsection (1) to deposit with the Minister the copies made in accordance with that subsection is an obligation to so deposit such copies without redaction therefrom.
(3) The copies deposited with the Minister in accordance with subsection (1) shall be deemed to have been deposited with the specified Minister in accordance with subsection (2) of section 43 of the Act of 2004, and accordingly, that Act shall apply to such copies as if they were evidence received by and documents created by or for the Commission.

Deposit of evidence and documents in accordance with section 43 of Act of 2004
5. For the avoidance of doubt, the obligation under subsection (2) of section 43 of the Act of 2004 to deposit with the specified Minister evidence received by, and documents created by or for, the Commission (other than the database and related records) is, subject to section 6 , an obligation to so deposit such evidence and documents without redaction therefrom.

Redaction of certain records
6. (1) A person who gave evidence or any document to the confidential committee of the Commission (in this section referred to as the ‘confidential committee’), may, not later than 6 weeks from the date on which he or she receives a notification under subsection (2), make a request in writing of the Commission to redact from that evidence or document all personal data relating to that person before that evidence or document is deposited with the specified Minister in accordance with subsection (2) of section 43 of the Act of 2004.
(2) The Commission shall make all reasonable efforts to notify every person, who gave evidence or any document to the confidential committee, of that person’s entitlement to make a request referred to in subsection (1).
(3) The Commission shall, upon receipt of a request referred to in subsection (1), redact all personal data to which that request relates from the evidence or document concerned before depositing that evidence or document with the specified Minister in accordance with subsection (2) of section 43 of the Act of 2004.
(4) This section shall not apply to the database or a related record.

Dissolution of Commission and final report
7. (1) Notwithstanding the Act of 2004, the Commission shall stand dissolved on 28 February 2021.
(2) The Commission shall submit its final report to the Government no later than 30 October 2020.

Amendment of Judicial Council Act 2019
8. The Judicial Council Act 2019 is amended—
(a) in subsection (2) of section 7, by the substitution of the following paragraph for paragraph (g):
“(g) adopt—
(i) draft personal injuries guidelines prepared and submitted to the Board under section 18(2)(a) with the modifications (if any) made by the Board under section 11(1) (d), as soon as practicable after such submission but not later than 31 July 2021, or
(ii) any draft amendments to personal injuries guidelines prepared and submitted to the Board under section 18(2)(b) with the modifications (if any) made by the Board under section 11(1)(d), as soon as practicable but not later than 12 months after such submission,
and publish the personal injuries guidelines and amendments in such manner as it considers appropriate as soon as practicable following such adoption,”,
and
(b) in subsection (4) of section 18, by the substitution of “not later than 9 December 2020” for “not later than 6 months after the date on which the Committee stands established”.

Expenses
9. The expenses incurred by the Minister in the administration of this Act (other than section 8 ) shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

Short title
10. This Act may be cited as the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020.


[Preamble recites 29 & 30 Vict. c. 40.]
Short title.                                                   1. This Act may be cited for all purposes as “The National School Teachers Residences (Ireland) Act, 1875.”

Additional purposes for which loans may be made.               2. In addition to the purposes for which loans may be made under the provisions of any of the Acts specified in the schedule to this Act annexed, it shall be lawful for the Commissioners of Public Works, subject to such rules and regulations as may from time to time be made by the Treasury, to make loans in such cases as the said Commissioners of Public Works may judge expedient, for the purpose of assisting any person in the erection, enlargement, structural improvement, or purchase of any dwelling-house for a residence for the teacher of a national school: Provided always, that the amount of any such loan shall not exceed two hundred and fifty pounds.

Repayment of loans.                                            3. [Provision for repayment of loans by annual sum of 5 per cent. for 35 years, rep. 56 & 57 Vict. c. 54 (S.L.R.)]. Provided always, that the amount of such annual sum may, by agreement, and with the sanction of the Treasury be increased to such amount as will repay the sum so advanced sooner than the said period of thirty-five years herein-before appointed.

All lands upon which any buildings or erections may stand which shall be erected, enlarged, or improved, or which shall have been purchased wholly or partly by means of a loan under this Act, and all such buildings and erections, shall be deemed to be and shall be well charged with the payment of such rent-charge, and that in priority to all charges and incumbrances whatsoever affecting the same, save and except quit-rents and rentcharges in lieu of tithes, and except all charges prior in date (if any) existing under any of the Acts mentioned in the schedule to this Act: Provided always, that in case such lands or buildings shall be held under any grant or demise, nothing herein contained shall prejudice or affect the right of the grantor or lessor in any such grant or demise, or of any superior grantor or lessor.

Insurance of premises charged with loan.                       4. When any loan shall be made under this Act, the said Commissioners of Public Works, if they think fit, may insure against damage by fire all buildings and erections then or there after standing or being on the lands and premises charged with such loan, such insurance to be effected in such insurance office or company, and in such sum of money, not exceeding the amount of such loan, as the said Commissioners shall from time to time direct; and the said Commissioners shall keep on foot such insurance as aforesaid, and all premiums paid thereon by the said Commissioners shall be deemed to be included in all charges and securities whereby repayment of such loan shall be secured, and shall be forthwith recoverable in like manner as any instalment of the rentcharge payable in respect of such loan.

Security for repayment of loan by order of Commissioners, &c.  5. The repayment of every loan which shall be made under the provisions of this Act shall be secured by an order of the said Commissioners of Public Works, under their common seal, and if they require it by the further security of at least three persons, the sufficiency and solvency of which persons shall be made out to the satisfaction of the said Commissioners; such security to be subject to such conditions as the said Commissioners shall deem to be proper; and every such order shall set forth the amount of such loan, the names of the persons to whom or on whose application and on whose security the same has been made, and a description of the lands or premises charged therewith.

In all cases where the said Commissioners shall have made any such order they shall execute a duplicate thereof, under their common seal, and forthwith cause the said duplicate order to be lodged with the registrar of deeds in the office for registry of deeds in the city of Dublin, and the registrar of the said registry office, his and their assistants, deputies, and other officers, shall register the same in the same manner as any deeds or instruments are registered in said office, and shall enter a memorial thereof in the abstract books and indexes of or relating to memorials registered and kept in the said office, and shall return such registry in any search made in such registry office: Provided always, that no fees shall be payable in respect of such registration.

Stamp duty.                                                    6. No order mortgage bond obligation security contract agreement or other instrument whatsoever executed under the provisions of this Act, nor any memorial thereof for registration, shall be liable to any stamp duty whatever.

Application of former Acts.                                    7. Except as by this Act expressly provided, all the powers provisions matters, and things in the Acts specified in the schedule to this Act annexed, or any of them, contained or referred to, and relating to the security for and repayment and recovery of loans under the provisions of the same, shall be deemed to apply to all loans made under this Act, and to the security for, repayment, and recovery of the same, in like manner in every respect as if such loans were made under the authority of the said Acts or any of them.

Construction.                                                  8. This Act and the Acts specified in the schedule to this Act annexed, shall be read together and construed as one Act, save so far as the provisions of this Act may be inconsistent with the provisions of the aforesaid Acts or any of them.

SCHEDULE.
Sects. 2 , 7 , 8 .
10 & 11 Vict. c. 32.  }  Acts recited in 29 & 30 Vict. c. 40.

. . .
12 & 13 Vict. c. 59.
13 & 14 Vict. c. 31.

. . .
15 & 16 Vict. c. 34.
23 & 24 Vict. c. 19.
25 & 26 Vict. c. 29.
24 & 25 Vict. c. 71.
29 & 30 Vict. c. 40.
[1 So much of this Act as limits its operation to residences for teachers of non-vested national schools, rep. 42 & 43 Vict. c. 74. s. 12.]