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and when he accounts shall give a note, with names of buyers and the sums received,
any magistrate may summon and examine on oath as to the sale;
and if fraud found in salesman, may bind over to B. R. or quarter-sessions to be prosecuted as a cheat:
Recognizance to be also put in suit,
and salesman to give new recognizance before he acts.
23 G. 2. 15.
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II. And be it enacted by the authority aforesaid, That every such salesman shall at the time, that he shall account with his principal for any cattle by him sold, give a note signed by him, in which shall be inserted the names of the buyers of such cattle, and the sum or sums of money they were sold for; and in case the owner or owners of such cattle shall think him or themselves aggrieved or defrauded by the said salesmen, then it shall and may be lawful to and for the lord mayor of the city of Dublin for the time being, or any other magistrate within the said city or liberties thereof, at the request of the parties aggrieved, to summon the buyers of such cattle so sold, and to examine on oath such buyers, or other person or persons, as they shall think proper, in relation to the sale of the said cattle; and if upon examination it shall be found, that such salesman shall have committed any fraud in not justly accounting and paying for such cattle sold as aforesaid, the lord mayor for the time being, or other magistrate, is hereby required to bind over such salesmen to appear in his Majesty's court of King's-bench the first day of the next following term, or at the quarter-sessions for the city of Dublin, which shall first happen, in order to be prosecuted as a common cheat, and the recognizance shall also be put in suit against such salesman and his sureties, for the making satisfaction to the party or parties aggrieved, for the damages he or they shall by such fraud have respectively sustained; and such salesman shall enter into a new recognizance with like sureties, and under the like conditions, before he shall be permitted to act as a salesman as aforesaid, under the like penalties as are herein before inflicted on a person acting as a salesman without giving such security.
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