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Altered and amended 23 G. 2. 15.
Abuses in markets by combination of salesmen with butchers;
and by selling stolen cattle in Smithfield at unseasonable hours.
Markets shall not be opened for sale of cattle before 6 from Lady day, nor before 8 from Michaelmas:
Market bells to toll.
Cattle not to be bought on the road within 6 miles of market, but publickly sold in market.
Penalty 10l. to informer, by civil bill.
Salesmen in Smithfield to give recognizance 500l. before lord mayor, lodged in Tholsel, to account honestly and pay the money, and to sell openly without fraud.
23 G. 2. 15.
Penalty 10l. to informer, by civil bill,
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WHEREAS several abuses frequently happen in the markets of Smithfield in Dublin and elsewhere in this kingdom by persons, who undertake to sell cattle or sheep, commonly called salesmen, by combining with butchers and others, and under-selling the cattle or sheep of their employers, and by their breaking and running away with the money the said cattle or sheep are sold for, and by the great interest the said persons have in the said markets with the butchers and others, it is difficult for any person to sell his own cattle or sheep, but such persons are under a necessity to employ some of the said salesmen: and whereas by opening the said market of Smithfield at unseasonable hours, and by selling cattle or sheep in winter time before day, very often stolen cattle or sheep are sold, and, when once drove out of the said market, it is hard to find them out: for remedy whereof, be it enacted by the King'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, That from and after the first day of February one thousand seven hundred and twenty three the said markets of Smithfield, and all other markets in this kingdom for the sale of cattle or sheep as aforesaid, shall not be opened, or the cattle or sheep exposed to sale before the hour of six in the morning from Lady-day till Michaelmas, nor before the hour of eight in the morning from Michaelmas till Lady-day, at which hours the market-bells shall toll to give notice thereof; and that no butcher or other person shall buy or contract for cattle or sheep on the road coming to market within six miles of such market; but that all such cattle or sheep shall be publickly sold in the said markets after the hours before mentioned; and that every person or persons, acting contrary to the true intent and meaning of this act, shall forfeit the sum of ten pounds, to be paid to the informer, [Rep., Stat. Law Rev. (I.) Act, 1878.] and to be recovered by civil bill in such courts, where proceedings by civil bill may by law be had and made; and that any person or persons, taking upon him or them to sell cattle or sheep in the said market of Smithfield, as a salesman as aforesaid, shall enter into and give good and sufficient security by way of recognizance before the lord mayor of the city of Dublin for the time being, to be approved of by the said lord mayor, who is hereby empowered to take the same, in the penalty of five hundred pounds; which recognizance shall be lodged in the Tholsel-office to be perused and made use of, as occasion shall require, without fee or reward, and shall be made with condition, That such salesman or salesmen shall and will faithfully and honestly account for and pay such sum or sums of money, which he or they shall sell any cattle or sheep for, which shall be sent to him or them to be sold; and that such salesman shall make such sale publickly and openly without fraud or deceit; and that any person acting as a salesman, not having given such security as is herein before directed, shall for every such offence forfeit the sum of ten pounds, to be paid to the informer, and to be recovered in manner aforesaid. [Rep., Stat. Law Rev. (I.) Act, 1878.]
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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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not to hinder persons, or those immediately employed, (except such salesman) from selling, their cattle without said restrictions.
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III. Provided always, and it is the true intent and meaning of this act, That nothing herein contained shall hinder or prevent any person or persons, or those, whom he or they immediately imploy (other than and except such salesman as aforesaid) from selling his or their cattle without any the restrictions aforesaid.
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Salesman endeavouring to hinder owners from selling,
penalty 40s. or to be whipt.
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IV. And be it further enacted by the authority aforesaid, That if any such salesman or salesmen as aforesaid, or any other person employed by them, shall use any means or contrivance to hinder the owner or owners of cattle, or his or their servant or servants, from selling his or their own cattle in the said market, and the same shall be proved before the lord mayor of the city of Dublin for the time being, or such magistrate as aforesaid, he or they shall for every such offence forfeit the sum of forty shillings, to be forthwith levied by distress and sale of the goods and chattels of such offender by warrant of the said lord mayor, or other magistrate as aforesaid, . .
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Drivers of cattle to slaughter, or vender thereof, exchanging them for worse, deemed cheats, and to pay treble damages.
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V. And whereas butchers and other persons, buying cattle in the country to carry to be slaughtered, are often under a necessity to hire strangers to drive the said cattle, who for private advantage often exchange and dispose of some of the best of the said cattle, and put much worse in their stead, and it is often practised by persons, that sell parcels of cattle to butchers and others for slaughtering, that they do after such sale exchange part of the cattle so sold for those of a much less value: for remedy whereof, be it further enacted by the authority aforesaid, That if any such person or persons shall knowingly exchange any such cattle in manner as aforesaid, he or they shall be deemed a common cheat or cheats, and shall satisfie and pay to the party aggrieved treble the damages by him or her sustained; to be recovered by action of debt, bill, plaint, or information, in any of his Majesty's courts of record at Dublin, wherein no essoign, protection, or wager of law shall be allowed, nor any more than one imparlance.
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Seller may dispose of the cattle again if left on his hands above 5 days after the time agreed, and buyer to pay the damages.
2 Anne 15.
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VI. And whereas it often happens, that butchers and others buying sheep and cattle from graziers, notwithstanding they agree to take the said cattle away at a certain day, yet leave them on the grazier's hands for a considerable time longer; which not only prevents the grazier from making sale of his cattle again, but likewise prevents their bringing store-cattle in their room, to the great damage of the grazier: for remedy whereof, be it further enacted by the authority aforesaid, That if any butcher or other person, buying sheep or cattle as aforesaid, shall leave them on the grazier or sellers hands longer than five days after the time limited and appointed to take off such sheep or cattle, that then after the expiration of the five days aforesaid the owner of such sheep or cattle is hereby empowered to sell and dispose of his said sheep and cattle again, and the butcher or buyer of such cattle shall be obliged to pay all damages, sustained by the said owners of such cattle on account of his or their not taking them away according to agreement.
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