[Acts of Com. Coun.] The TEMPORAL GOVERNMENT. [King's Beam.]422

[Acts of Com. Coun.] The TEMPORAL GOVERNMENT. [King's Beam.]

be weighed at the said common Beams, called the King's Beams, or one of them, upon pain of Forfeiture of 13s. 4d. for every 500 weight of such Wares and Merchandizes, by the Seller or Barterer thereof, and so after that rate for a greater or lesser Quantity.

2. Item, That if any covetous or fraudulent Sale shall be made, by any such Foreigner or Foreigners, or any Freeman or Freemen of this City, of any such Goods or Merchandizes, before the same Goods or Merchandizes come into this City, or the Liberties thereof, to the intent, to avoid the Duty of weighing such Goods or Merchandizes at one of the said Beams; and such Goods or Merchandizes shall afterwards come to this City or the Liberties thereof; and shall after the said tenth Day of February be sold or bartered, and delivered by such Foreigner or Foreigners, Freeman or Freemen, to any other Person or Persons whatsoever, within the said City or Liberties thereof; then such Goods or Merchandizes shall at, or before the Delivery thereof to such Person or Persons, be weighed at the said common Beams, called the King's Beams, or one of them, upon pain of the Forfeiture of 13s. 4d. for every 500 weight of such Wares and Merchandizes by the Seller or Barterer thereof; and so after that rate for a greater or lesser Quantity, as aforesaid, notwithstanding any such covenous or fraudulent Sale, as aforesaid.

3. Item, That if any Freeman or Freemen of this City, to whom such fraudulent Sale of such Goods or Merchandizes shall be made, as aforesaid, knowing the same, shall wittingly and willingly, after the said tenth Day of February, put in ure, justifie, or maintain such fraudulent Sale, as true, and made bonâ fidè, to the intent to avoid the said Duty of weighing such Goods and Merchandizes; then all, and every such Freeman and Freemen, shall forfeit for every such Offence, the Sum of five Pounds a piece.

4. Item, If any such Goods or Merchandizes of any Freeman or Freemen of this City, shall be mixed with the Goods and Merchandizes of any Foreigner or Foreigners, from the Liberties of the same City, being of the same kind, so that the distinct Property and Proportion of such Freeman or Freemen, in such Goods or Merchandizes, from the Property and Proportion of such Foreigner or Foreigners, in such Goods and Merchandizes, cannot be known, and such Goods and Merchandizes being within the said City or Liberties, shall at any time, after the said tenth Day of February, be sold or bartered by such Freeman or Freemen, and such Foreigner or Foreigners, to any other Person or Persons, before any Partition, Division, or Separation be made of such Goods and Merchandizes, of such Freeman or Freemen, from such Goods or Merchandizes of such Foreigner or Foreigners; then all such Goods and Merchandizes,as well of such Freeman or Freemen, as of such Foreigner or Foreigners, shall at, or before the Delivery thereof, to any Person or Persons, be weighed at the said common Beams, called the King's Beams, or one of them, upon pain of forfeiture of 13s 4d. for every 500 weight of such Wares and Merchandizes, by the Seller or Barterer thereof, and so after that Rate for a greater or lesser Quantity, as aforesaid.

5. Item, If any such Goods or Merchandizes of such Freeman or Freemen, shall be mixed, as aforesaid, with such Goods or Merchandizes, of such Foreigner or Foreigners; and such Goods or Merchandizes of such Foreigner or Foreigners, shall at any time, after the said tenth Day of February, be sold or bartered within the said City or Liberties, to any Person or Persons before any Partition, Division, or Separation thereof shall be made, as aforesaid; then such Goods and Merchandizes of such Foreigner or Foreigners, so sold as aforesaid, shall, after Partition, Division, or Separation thereof to be made, as aforesaid, from such Goods of such Freeman or Freemen, (in case such Separation or Division shall be thereof made, before any Sale or Barter shall be made by such Freeman or Freemen of such Goods or Merchandizes, of such Freeman or Freemen) be weighed at the said common Beams, or one of them, upon pain of Forfeiture of 13s. 4d. for every 500 weight of such Wares and Merchandizes, by the Seller or Barterer thereof, and so after that Rate for a greater of lesser Quantity, as aforesaid. But in case such Wares or Merchandizes of such Freeman or Freemen, so mixed as aforesaid, shall be likwise sold within the said City or Liberties thereof, to any Person or Persons, before any Separation or Division thereof shall be made, as aforesaid; Then all such Goods and Merchandizes, so mixed and sold, as aforesaid, as well of such Freeman or Freemen, as of such Foreigner or Foreigners, shall at, or before the Delivery thereof to any Person or Persons, be weighed at the said common Beams, or one of them, upon pain of Forfeiture of 13s. 4d. for every 500 weight of such Wares and Merchandizes, by the last Seller or Barterer thereof, and so after that Rate for a greater or lesser Quantity, as aforesaid.

6. Item, That all such Goods and Merchandizes usually sold by Weight, whereof any Freeman or Freemen, or any Foreigner or Foreigners, shall be possessed in Copartnership, or in common by equal Moieties, or by any other Share or Shares, which at any time after the said tenth Day of February, shall be sold or bartered to any Person or Persons whatsoever, within the said City or Liberties thereof, shall at, or before the Delivery thereof, be weighed at the said common Beams, or one of them, upon pain of Forfeiture of 13s. 4d. for every 500 weight of such Wares and Merchandizes, by the Seller or Barterer thereof, and so after that Rate for a greater or lesser Quantity, as aforesaid.

7. Item, It is hereby further Enacted, that the Buyer or Buyers, whether he or they be Foreigners or Freemen, of the Wares or Merchandizes aforesaid, which shall be sold, and not weighed according to the respective Provisions aforesaid, shall forfeit and incur like Penalties and Forfeitures, as by the Seller or Sellers thereof are before ordained to be forfeited.

8. Item, It is hereby further Enacted, That all and singular the Penalties and Forfeitures aforesaid, shall, and may be recovered by Action of Debt, to be commenced in the Name of the Chamberlain of the City of London, for the time being.

9. Item, It is hereby further Enacted, That such Action of Debt shall, and may be, commenced in any of the Courts of Record, within the City of London: And that no Essoyne, or Wager of Law shall be admitted or allowed. And that the Plaintiff, if he recover in such Action, shall recover his ordinary Costs of Suit.

10. Item, It is hereby further Enacted, That the several Forfeitures to be recovered, (Charges of Suit being deducted) shall be paid to the Treasurer of St. Bartholomew's Hospital, near West-Smithfield, London, for the time being, for the use of the Poor, Sick, Sore, and diseased People there harboured.

11. Item, To the Intent, the Officer or Officers, who shall weigh such Goods and Merchandizes at the said common Beams, may be paid or satisifed the Duties due and accustomed for weighing thereof, without being put to the Charges of Suit for the same; It is hereby Enacted and Declared,

That