1&2 G.4. c.50. house, or ground of or belonging to any miller, mealman, or baker, or other person who shall grind grain, or dress or bolt meal or flour, or make bread for reward or sale as aforesaid, and to take with him or them, to his or their assistance, one or more master miller, mealman, or baker, millers, mealmen, or bakers, and to search orexamine whether any mixture, ingredient or thing, not the genuine produce of the grain such meal or flour shall import or ought to be, shall have been mixed up with or put into any meal or flour in the possession of such miller, mealman, or baker, either in the grinding of any grain at the mill, or in the dressing, bolting, or manufacturing thereof, whereby the purity of any meal or flour is or shall be in anywise adulterated, or whether any alum or other ingredient shall have been mixed up with or put into any dough or bread in the possession of any such baker or other person, whereby any such dough or bread is or shall be in anywise adulterated, and also to search for alum or any other ingredient, which may be intended to be used in or for any such adulteration or mixture; and if on any such search, it shall appear that any such meal, flour, dough, or bread, so found, shall have been so adulterated by the person in whose possession it shall then be, or any alum or other ingredient shall be found, which shall seem to have been deposited there in order to be used in the adulteration of meal, flour, or bread, then and in every such case it shall be lawful for such magistrate or justice, or officer authorized as aforesaid respectively, within the limits of their respective jurisdictions, to seize and take any meal, flour, dough, or bread, which shall be found in any such search, and deemed to have been adulterated, and all alum and other ingredients and mixtures which shall be found and deemed to have been used or intended to be used in or for any such adulteration as aforesaid; and such part thereof as shall be seized by any peace officers authorized as aforesaid, shall, with all convenient speed after seizure, be carried to some magistrate or justice within the limits of whose jurisdiction the same shall have been so seized; and if any magistrate or justice who shall authorize any such seizure to be made in pursuance of this act, or to whom any thing so seized under the authority of this act shall be brought, shall adjuge that any such meal, flour, dough, or bread so seized, has been adulterated by any unwholesome or improper mixture or ingredient put therein, or shall adjudge that any alum or other ingredient or mixture so found as aforesaid, have been deposited or kept where so found, for the purpose of adulterating meal, flour, or bread, then and in any such case, every magistrate or magistrates, justice or justices of the peace is and are hereby required, within the limits of their respective jurisdictions, to dispose of the same as he or they in his or their discretion shall from time to time think proper.

Penalty on bakers with whom ingre

teration shall be found.

§ 8. Every miller, mealman, or baker out of the city of London and the liberties thereof, and beyond the weekly bills of mordients for adul- tality and 10 miles of the Royal Exchange, in whose house, mill, shop, stall, bakehouse, bolting house, pastry warehouse, outhouse, ground, or possession, any alum or other ingredient or mixture shall be found, which shall, after due examination, be adjudged by any magistrate or justice to have been deposited there for the purpose of being used in adulterating meal, flour, or bread, shall, on being convicted of any such offence, either by his, her, or their

1&2 G.4. c.50.

Not exceeding

own confession, or by the oath or affirmation as aforesaid of one or more credible witness or witnesses, forfeit on every such conviction any sum of money not exceeding 201. nor less than 57., or in default of payment thereof shall, by warrant under the hand and 201. nor less seal of the magistrate or justice, before whom such offender shall than 51. be convicted, be committed to the house of correction, or some other prison of the city, county, or place where the offence shall have been committed, or the offender or offenders shall be apprehended, there to remain for any time not exceeding 12 nor less than three calendar months from the time of such commitment, unless such penalty shall be sooner paid, as any such magistrate or justice shall think fit and order; unless the party or parties charged with any such offence shall make it appear to the satisfaction of the magistrate or justice, before whom any such alum or other ingredient or mixture shall be brought, that such alum or other ingredient or mixture was not nor were brought or lodged where the same was or were found or seized with any design or intent to have been put into any meal, flour, or bread, or to have adulterated therewith the purity of any meal, flour, or bread, but that the same was or were in the place or places in which the same shall have been so found or seized as aforesaid, for some other lawful purpose; and it shall be lawful for the magistrate or justice, before whom any such offender shall be convicted, to cause the offender's name, place of abode, and offence to be published in some newspaper which shall be printed, published, or circulated in or near the county, division, riding, or district where the said offence shall be committed, and to defray the expense of publishing the same out of the money to be forfeited as last mentioned, if any shall be paid or recovered.

Obstructing

search for adul

terated meal.

&c.

§ 9. If any person or persons shall wilfully obstruct or hinder any such search as herein-before is authorized to be made, or the seizure of any meal, flour, dough, or bread, or of any alum or other ingredient or mixture, which shall be found on any such search, and deemed to have been lodged with an intent to adulterate the purity or wholesomeness of any meal, flour, dough, or bread, or shall wilfully oppose or resist any such search being made, or the carrying away any such alum or other ingredient or mixture as aforesaid, or any meal, flour, dough, or bread which shall be seized as being adulterated, or as not being made pursuant to this act, he, she, or they so doing or offending in any of the cases last aforesaid, shall for every such offence, on being convicted thereof, forfeit such sum not exceeding 5l., nor less than 50s., as the ma- Penalty. gistrate or justice, before whom such offender or offenders shall be convicted, shall think fit and order and direct.

§ 10. Every baker and seller of bread shall cause to be fixed Bakers shall in some convenient part of his or her shop, a beam and scales, keep proper with proper weights, in order that every person or persons who weights. may purchase any bread of any such baker or seller of bread, may, if he, she, or they shall think proper, require the same to be weighed in his, her, or their presence; and if any baker or seller of bread, out of the city of London and the liberties thereof, and beyond the weekly bills of mortality and 10 miles of the Royal Exchange, shall neglect to fix such beam and scales in some convenient part of his or her shop, or to provide and keep for use

1&2 G.4. c.50. proper weights, or whose weights shall be deficient in their due weight, or who shall refuse to weigh any bread purchased in his or her shop, in the presence of the party or parties requiring the same, he, she, or they shall, for every such offence, forfeit a sum not exceeding 57., nor less than 20s., as the magistrate or justice, before whom such offender shall be convicted, shall order and direct.

Penalty.

Regulations as to baking on Sundays.

§ 11. No master, mistress, journeyman, or other person respectively exercising or employed in the trade or calling of a baker, out of the city of London and the liberties thereof, and beyond the weekly bills of mortality and 10 miles of the Royal Exchange, shall, on the Lord's day, commonly called Sunday, or any part thereof, make or bake any household or other bread, rolls, or cakes of any sort or kind, or shall on any part of the said day sell or expose to sale, or permit or suffer to be sold or exposed to sale, any bread, rolls, or cakes, of any sort or kind, except to travellers, or in cases of urgent necessity; or bake or deliver, or permit or suffer to be baked or delivered, any meat, pudding, pie, tart, or victuals, at any time after half-past one of the clock in the afternoon of that day, or in any other manner exercise the trade or calling of a baker, or be engaged or employed in the business or occupation thereof, except as aforesaid, and also except so far as may be necessary in setting and superintending the sponge to prepare the bread or dough for the following day's baking; and no meat, pudding, pie, tart, or victuals, shall be brought to or taken from any bake-house during the time of divine service in the church, parish, hamlet, or place where the same is situate, nor within one quarter of an hour of the time of commencement thereof; and every person offending against the foregoing regulations, or any one or more of them, and being thereof convicted before any magistrate or justice of the city, county, or place where the offence shall be committed, within two days from the commission thereof, either upon the view of such magistrate or justice, or on confession by the party, or proof by one or more witness or witnesses upon oath or affirmation as aforesaid, shall for every such offence forfeit and undergo the forfeiture, penalty, and punishment herein-after mentioned: (that is to say,) for the 1st offence the penalty of 5s., for the 2d offence the penalty Second offence. of 10s., and for the third and every subsequent offence respectively, the penalty of 20s.; and shall moreover on every such conviction pay the costs and expenses of the prosecution, such costs and expenses to be assessed, settled, and ascertained by the magistrate or justice convicting; and the amount thereof, together with such part of the penalty as such magistrate or justice shall think proper, to the prosecutor or prosecutors, for loss of time in instituting and following up the prosecution, at a rate not exceeding 3s. per diem, and be paid to the prosecutor or prosecutors for his and their own use and benefit; and the residue of such penalty to be paid to such magistrate or justice, and within seven days after his or their receipt thereof to be transmitted by him to the churchwardens or overseers of the parish or parishes where the offence shall be committed, to be applied for the benefit of the poor thereof; and in case the whole amount of the penalty, and of the costs and expenses as aforesaid, be not paid within three

First offence.

Third offence.

days after the conviction of the offender or offenders, such magis- 1&2 G.4. c.50. trate or justice shall and may, by warrant under hand and seal, direct the same to be levied and raised by distress and sale of the goods and chattels of the offender or offenders, rendering the overplus, if any; or in default or insufficiency of such distress, to commit the offender or offenders to the house of correction, on a 1st offence, for any time not exceeding 14 days, and on the 2d or any subsequent offence for any time not exceeding 21 days, unless the whole of the penalty, costs and expenses be sooner paid and discharged.

§ 12. "No person who shall be concerned in the business of a miller, mealman, or baker, corn merchant, or dealer in corn or flour, shall be capable of acting or shall be allowed to act as a magistrate or justice of the peace under this act, or in putting in execution any of the powers in or by this act granted; and if any miller, mealman, or baker shall presume so to do, he or they so offending in the premises, shall for every such offence forfeit and pay the sum of 50l. to any person or persons who shall inform or sue for the same, to be recovered in any of his majesty's courts of record at Westminster, by action of debt, bill, plaint, or information, wherein no essoign, wager of law, or more than one imparlance shall be allowed."

No miller or

baker may act as justice in the execution of this act.

may be heard

in a summary

way.

13. And for the better and more easy recovery of the several All offences penalties and forfeitures to be incurred under this act, and the against this act powers herein contained, it is enacted, "That it shall and may be lawful for the mayor, or any alderman of any city, and to and for any other of his majesty's justices of the peace, or any of them, within their respective counties, divisions, cities, towns corporate, liberties, or jurisdictions, beyond the city of London and the liberties thereof, and beyond the weekly bills of mortality and 10 miles of the Royal Exchange, to hear and determine in a summary way all offences committed against the true intent and meaning of this act, and for that purpose to summon before them, or any of them, within their respective jurisdictions, any party or parties accused of being an offender or offenders against the true intent and meaning of this act; and in case the party accused shall not appear on such summons, or offer some reasonable excuse for his default, then upon oath or affirmation as aforesaid, by any credible witness or witnesses, of any offence committed contrary to the true intent and meaning of this act, any such magistrate or justice shall issue his warrant or warrants for apprehending the offender or offenders, within the jurisdiction of any such magistrate or justice; and upon the appearance of any party or parties accused, or in case he, she, or they shall not appear, on notice being given to or left for him, her, or them, at his, her, or their usual place of abode; or if he, she, or they cannot be apprehended on a warrant granted against him, her, or them, as is herein-before directed, then and in every such case, any such magistrate or justice is and are hereby authorized and required to proceed to make inquiry touching the matters complained of, and to examine any witness or witnesses who shall be offered on either side, on oath or affirmation as aforesaid, and which oath and affirmation every such magistrate and justice is and are hereby authorized and required to administer: and after hearing the parties,

* Sic.

Penalties levied by distress and sale.

1&2 G.4. c.50. who shall appear, and the witnesses who shall be offered on either side, such magistrate or justice shall convict or acquit the party or parties accused; and if the penalty or money forfeited on any such conviction shall not be paid within the space of 24 hours after any such conviction, every such magistrate or justice shall thereupon issue a warrant or warrants under his hand and seal, directed to any peace officer or officers within their respective jurisdictions, and thereby require him or them to make distress of the goods or chattels of the offender or offenders within such their respective jurisdictions, to satisfy such penalty or money forfeited, and the costs of the prosecution and distress*; and if any offender should convey away his goods out of the jurisdiction of any such magistrate or justice before whom he or she was convicted, or so much thereof that the penalty or money forfeited cannot be levied, then some magistrate or justice within whose jurisdiction the of fender shall have removed his goods, shall back the warrant granted by any such magistrate or justice as aforesaid, and thereupon the penalty forfeited shall be levied on the offender's goods and chattels by distress and sale; and if within five days from the distress being taken, the penalty or money forfeited, and costs, shall not be paid, the goods seized shall be appraised and sold, rendering the overplus (if any) after deducting the penalty or forfeitures, and the costs and charges of the prosecution, distress, and sale, to the owner or owners thereof, which charges shall be ascertained by the magistrate or justice, before whom any such offender or offenders shall have been so convicted, or by the magistrate or justice who backed the warrant if then alive, and if not, by some other magistrate or justice of the city, county, division, or place, in which the offender shall have been convicted, on application for that purpose, to be made to any such magistrate or justice; and for want of such distress, then every such magistrate or justice, within whose respective jurisdiction any such offender or offenders shall reside or be, shall, on the application of any prosecutor or prosecutors, and proof on oath or affirmation as aforesaid made of the conviction and non-payment of the penalty and charges, by warrant under his hand seal, commit every such offender or offenders to the common gaol or house of correction of the city, county, division, or place, where such offender or offenders shall be found, there to remain for the space of two calendar months from the time of such commitment, unless after such commitment, payment shall be made of the said penalty or forfeiture, and costs and charges, before the expiration of the Application of said two calendar months; and all such penalties and forfeitures penalties. when recovered, shall be paid, one half to the informer, and the other half shall be paid to the magistrate or justice, and within seven days after his receipt thereof, to be transmitted by him to the churchwardens or overseers of the parish or parishes where the offence shall be committed, there to be applied for the benefit of the poor thereof.

Power to sum

§ 14. If it shall be made out by the oath (or affirmation as mon witnesses. aforesaid) of any credible person or persons, to the satisfaction of any magistrate or justice, that any person or persons within the jurisdiction of any such magistrate or justice, is likely to give or offer material evidence on behalf of the prosecutor of any offender