the business of

rage prices, in covers open at the sides, signed by him on the send and reoutside thereof, free of postage; and receive and send all his let-eive papers on ters and packets, from and to the inspectors, clerks of the peace, this act, free of collectors, and other chief officers of customs, mayors or chief of postage, under ficers of cities, and treasurers of counties, on the business in certain restricwhich he is employed in pursuance of this act, free of postage, under certain regulations. s. 79.

tions.

The bushel by which all corn shall be measured and computed, All corn to be in pursuance of this act, shall be the Winchester bushel, and a measured by quarter shall consist of eight such bushels; and the justices of the Winchester each county, and the mayor or chief officer of cities, or towns bushel, &c. being counties of themselves, or having an exempt jurisdiction, shall cause a standard Winchester bushel to be provided and kept in each town from which any returns are to be made; and all duties and bounties are to be paid, and computations be made by the stricken and not by the heaped bushel. 31 Geo. 3. c. 30. $. 82.

And where corn shall be sold by weight, fifty-seven pounds Weight of avoirdupoise of wheat, fifty-five pounds of rye, forty-nine pounds corn. of barley, forty-two pounds of beer or bigg, and thirty-eight pounds of oats, shall be respectively deemed equal to every such bushel; and further, fifty-six pounds of wheat-meal, and fortyfive pounds of wheat-flour, fifty-three pounds of rye-meal, for ty-eight pounds of barley-meal, forty-one pounds of beer or biggmeal, and twenty-two pounds of oatmeal, shall be deemed equal to every such bushel of the unground grain, whereof it is made. Ibid.

determined by

weighing two

And for expedition in measuring ground corn of any sort that Ground corn shall be in sacks, the proper officer may make choice, and weigh in sacks to be two sacks out of any number, not exceeding twenty sacks, and thereby compute the quantity of the whole and if any doubt sacks out of shall arise, whether ground wheat, entered to be exported on twenty. bounty, ought to be considered as wheat-meal or wheat-flour, such officer is to require that a reasonable portion of every sack, not exceeding one peck out of each, shall be passed through a sieve or cloth called a fourteen shilling cloth; and if such ground wheat shall not pass through, the same shall not be considered as wheat flour. Ibid.

Every inspector of corn returns shall make a comparison be- Inspector of tween the Winchester measure and the measure commonly used corn returns to in the town for which he is inspector; and within one month make a comparison beafter his appointment cause a statement in writing of such comtween the parison to be hung in the market and town-hall of such town, Winchester and renew the same if it becomes defaced, and shall return a measure, and copy thereof to the receiver of corn returns. Nothing in this act is to alter the present practice of measur. Rights of the ing corn, in London, or lessen or take away the tolls due to the city of Loni. citizens. s. 84.

8. 83.

No fee shall be taken by the clerk of any justice, or other

that used where he is.

don.

No fee to be taken for oaths. Recovery of penalties.

Determination

be final in all

person on account of any oath, affirmation, or declaration, made by the directions of this act. s. S6.

Any penalty inflicted on any corn factor, or dealer in corn, malt, meal, or flour, for sale, or on any inspector of corn re. turns, may be recovered before any two justices, where the of. fender shall reside; and such two justices shail, if, upon due proof and examination of the matter, it shall appear to them that the party is guilty of the offence, convict him thereof, and by warrant under their hands and seals, levy such penalty by distress and sale of his goods and chattels, to be applied as before men. tioned. s. 87.

And no bill, plaint, or information, shall be brought in any of justices to court of record at Westminster, for any offence by this act cognizable by justices of the peace; but the determination of the able by them, justices shall be final to all intents and purposes whatsoever.

cases cogniz

The receiver

s. 88.

Shall be final to all intents and purposes.] If this clause aich strictly restrains the mode of recovering the penalties, was also designed to prevent the proceedings before the justices being re. moved by certiorari; it must in this respect fail of its intended effect for the jurisdiction of the court of King's Bench to grant a certiorari can in no case whatsoever be taken away but by express words the offender therefore does not appear to be restrained hereby from removing the proceedings by certi orari.

It is also observable, that there is no provision for the punishment of an offender, in case he has no goods, whereon a distress can be made.

V. How the average prices are to be ascertained in order to regulate the exportation or importation of corn.

The receiver of corn returns shall, at the end of every week, of corn returns make up from the returns by him received in the week immediate. to publish the ly preceding, the average price, in each city or town; which re. average prices average prices he is to enter in a book, and therefrom turns, and for the re regula tion of export- compute the average price in each district, by taking the ation of corn. average of the average prices in cach city or town within each district; and he is without delay to transmit to the officers of customs of the several ports within each district, a certificate of the average prices so computed; who are to receive and enter the same in a book, and cause a copy to be hung up, in some public place in the custom-house. 33 Geo. 3. c. 65. s. 2.

And also for the importation of corn.

And the said receiver shall, within seven days after the 15th of Feb. 15th May, 15th August, and 15th Nov. in every year, compute, from the six last weekly certificates by him trans. mitted to the officers of customs, the average price during the said six weeks in each district; and is without delay to trans

mit to the officers of customs of the several ports in each dis. trict, a certificate of the average prices so computed; and such officers are to receive and enter the same in a book, and to cause a copy thereof, to be hung up in some public place in the custom-house; and the importation of each sort of foreign corn, meal, and flour, and payment of duty thereon within that district, shall be governed by such average prices. 33 Geo. 3.. c. 65. 8.3.

And in case a sufficient number of returns shall not be made from one or more of the said districts, he shall compute, at the end of every week, from the average prices returned in the week preceding, from each town in each county, whether inland or maritime, in England, the average price in each coun ty; and from the average of the county prices so ascertained, the general average in England, and cause the same to be published in the London Gazette once in every week. 31 Geo. 3. c. 30. s. 69. and 33 Geo. 3. c. 65. s. 4.

And shall transmit a certificate thereof to the collectors of every district, from which sufficient returns have not been made, from which the importation and exportation within such district shall be governed. 31 Geo. 3. c. 30. s. 69.

And if a sufficient number of returns, according to 31 Geo. 3, shall not be made from one or more districts; or in case no copy of the account of the average prices within London be transmitted to the receiver, by the inspector appointed for London; or in case any sort of corn or oatmeal should be entirely omitted in all the returns of any district, or in the account for London, he shall in every such case transmit a certificate of the general average price of each sort, or of any sort omitted, computed as above, to the officers of the ports of every district, according to which the importation and exportation shall be regulated. 33 Geo. 3. c. 65. s. 5.

And returns from two thirds of the places in each district shall be sufficient for forming the average prices as aforesaid, 31 Geo. 3. c. 30. s. 68.

And whenever the average prices for regulating the importa- Under what tion and exportation of corn, grain, meal, and flour, into and prices corn from Great Britain, shall be under the prices at which the not be importsame may be importable into Great Britain on the low duties ed or exported. from foreign parts, any person may export any such corn or grain of British growth, or any meal or flour made thereof, from Great Britain to Ireland; and in like manner, when. ever the average prices for regulating the importation and exportation of corn, grain, and flour, into and from Ireland, shall be under the prices at which the same may be importable into Ireland on the low duties from foreign parts, any person or persons may export any such corn or grain of Irish growth, or any meal or flour made thereof, from Ireland to Great Britain, provided the same be exported in British or

Seed corn,

Irish ships owned and navigated according to law. 44 Geo.

3. e. 109. s. 6.

VI. Exportation of Corn.

By 44 Geo. 3. c. 109. The several bounties specified in the schedule (A*), and no other, shall be allowed and paid in respect of and upon British corn, grain, malt, meal, flour, and biscuit exported from Great Britain. s. 3.

And all such bounties shall be allowed and paid, and the ex. portation of British corn, grain, malt, meal, and flour prohibited according to the prices and regulations in the said sche dule. lbid.

But no corn, grain, malt, or flour, shall be allowed to be exported from any district, or be loaden on board any ship, vessel, or boat, in order to be exported, when the prices of such corn or grain respectively in such districts, shall have been in the preceding week at or above the import rates. 45 Geo. 3. c. 86, s. 2.

However, any person may carry coastwise at any time, seed corn, provided, in case such corn shall be prohibited to be exported, that during such prohibition, or carrying such corn coastwise, a bond be given pursuant to 32 Geo. 3. c. 50. (see title SMUGGLING, Sec. iv.) and such corn be subject to all the rules of such act. 33 Geo. 3. c. 65. s. 13.

But the person intending to ship seed corn shall before ship ping verify upon oath, before the officer of customs, that it is seed corn, and intended for that and no other purpose: he shall also give bond in treble value (to remain in force twelve months) that it shall be used as seed corn, and for no other pur. pose and if it be used for any other purpose, the bond shall be forfeited, and the person so using such corn forfeit treble value. s. 14.

VII. Importation of Corn.

By 44 Geo. 3. c. 109. The several duties specified and set forth in the schedule (B+), and no other duties except as aforesaid, shall be charged upon and paid in respect of all corn, grain, meal, and flour, imported into Great Britain, and such duties shall be charged and paid according to the prices and re gulations in the said schedule, s. 4..

1

1

See Schedule (A) in the next page. + See Schedule (B) in pages 604, 603.

(A.) SCHEDULE RELATING TO EXPORTATION.

s. d.

16 O

5460

55 0

35 0

31 0

19 0