William III, 1696-7: An Act to restore the Markett att Blackwell-Hall to the Clothiers & for regulating the Factors there. [Chapter IX. Rot. Parl. 8 & 9 Gul. III. p. 2. nu. 3.]

Governors of Blackwell Hall to observe the Rules hereby limited.

When the Market is to be held; to be known by Market Bell ringing in the Hall; Keepers permitting selling, &c. of Cloth in the Hall on other Days or Hours ; Penalty £100.

Forasmuch as of late Yeares by the great increase of the Factors of Blackwell-Hall in the City of London & by the Advantages given them by the Governors of the said Hall not onely in assigning them the most convenient Lights but permitting them to hire Ware houses in the said Hall to their own Uses into which they enter upon those Days that are no Markett-Days and carry the Clothiers Cloths thence and expose them to sale in a clandestine Manner in their own Houses whereby great Inconvenience and Discouragement hath accrued to the Clothing Trade on which the Welfare of this Nation very much depends For Remedy hereof be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That from and after the First Day of May which shall be in the Yeare of our Lord One thousand six hundred ninety seven the Governors of Blackwell Hall and their Deputies shall strictly performe observe and keep the sett Times and Rules herein after limitted & appointed for the exact keeping and Government of the publick Markett of Blackwell-Hall that is to say The said Markett shall begin and be held on every Thursday Friday and Saturday from Eight of the Clock in the Forenoon until Twelve a Clock in the same Forenoon and from Two of the Clock in the Afternoon until Five of the Clock in the same Afternoon and that the said Hours for the begining & ending of the said Marketts shall be knowne by the ringing of the Markett Bell in the Hall aforesaid appointed for that Use and Purpose and the same to be held and continued weekly throughout the whole Yeare except Days of Humiliation or Thanksgiving appointed to be otherways sett apart by Act of Parliament or publick Authority and the Keepers of the said Hall shall not permitt or suffer any buying or selling of any Woollen Cloth att the said Hall in or upon any other Days or Hours than upon the Markett-Days and Hours appointed as aforesaid upon the Penalty of One hundred Pounds.

II. Governors to appoint Room in the Hall to shew Cloth, and Warehouse Room, Clothiers paying Duty.

And be it further enacted by the Authority aforesaid That the Governors of Blackwell Hall and their Deputies shall sett forth and appoint unto the Clothiers of all Counties that shall bring up Cloth to sell att the said publick Markett the most convenient Room in the said Hall for the Sale of their Cloth and likewise Warehouse Room for the lodging and safe keeping of any Cloth of the said Clothiers unsold the Clothiers or their Servants paying unto the Hall-keepers the ancient Duties of the said Hall and no more.

III. No Factor, except the Owner, to sell Cloth out of the Market; Penalty

And for the further Encouragement of the said publick Markett be it enacted by the Authority aforesaid That no Factor or any Person or Persons whatsoever other then the Owner of the Cloth shall sell cause to be sold or expose to sale out of the said Markett of Blackwell Hall any Cloth consigned or directed by the Owner thereof to be brought to the said Markett of Blackwell-Hall or to any Factor there to be sold upon the Penalty of Five pounds for every such Cloth so sold.

IV. Hall Keepers to observe all Rules and Orders, and keep a weekly Register, &c. Owners and Buyers Names, &c. to be entered, with the Time of Sale, &c.

Hall Keeper, &c. neglecting his Duty; Penalty £10; Persons (Exception) selling Cloth without ready Money, to demand a Note of Buyer within 12 Days after Sale and Delivery; Penalty; Buyers refusing, &c. to give such Note; Penalty; Cloth not returned in Eight Days after Delivery deemed merchantable.

And be it further enacted That the Hall-keepers Clerks and Master-porters of the said Hall so farr as they are hereby concerned shall take care that all the Rules and Orders appointed to be observed by this Act in every Branch of it be putt in Executions and shall also diligently and faithfully keep their Books and weekly Registers of all the Cloths bought and sold in the said Markett in which Books and Registers they and every of them as they are concerned in their respective Places shall truely enter the Names Sirnames and Places of Habitation of the Owner Buyer and Seller of every the said Cloaths together with the Time of the Sale thereof and likewise of the Factor or any other Person (other than the Owner) buying or selling the same to the end Clothiers and others concerned may be satisfied how their Cloaths are disposed of from time to time to which said Books it shall be lawfull for the said Clothiers their Agents and Servants att all convenient Times to have recourse without any Fee Gratuity or Reward to be paid for the same and if any Hall keeper Clerk or Masterporter shall neglect to performe his Duty herein hee shall for every such Offence forfeit the Su[m]m of Ten pounds and in case any Person or Persons from and after the said First Day of May shall buy any Cloth of any Factor or Factors or other Person or Persons except of the Owner of such Cloth otherwise then for ready Money that then and in every such Case the Factor or Factors Person or Persons selling such Cloath shall within Twelve Days next after the Sale and Delivery of the same take or demand a Note in Writing from the Person or Persons buying such Cloth testifying under the Hand of the Buyer the Cloths so sold and the Su[m]m of Money such Cloth was sold for and payable by such Buyer to the Owner of such Cloth according to the Contract and shall deliver on demand such Note with notice of such Buyers usual Place of Abode thereon subscribed to the Owner of the Cloath so sold or to any Person authorized by the Owner to demand and receive the same on paine to forfeit to the Owner or Owners of such Cloath for every Neglect or Refusal of demanding such Note or such Delivery thereof with notice as aforesaid double the Value of the Cloth so sold to the Owner or Owners of such Cloth and if any Merchant Woollen Draper or Trader in the Woollen Manufacture buying any Woollen Cloth upon Trust shall refuse or neglect to give such Note as aforesaid upon request to him for that purpose to be made att any Time after Eight Days next after the Sale and Delivery of the said Cloth hee shall forfeit for every such Offence the Su[m]m of Twenty shillings for every Cloth so sold to the Owner of the said Cloth and every Piece of Cloth not actually returned within Eight Days next after the Sale and Delivery of the same shall be and is hereby adjudged deemed and taken to be passed and approved of by the Buyer as a merchantable Cloth and all Contracts Promisses and Agreements for the allowing of any longer Time for the passing of any Cloth shall be and are hereby declared to be void.

V. Penalties, &c. how to be recovered.

And be it further enacted by the Authority aforesaid That all the Forfeitures and Penalties imposed by virtue of this Act shall or may be sued for and recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record in which no Essoign Wager of Law or Protection and but one Imparlance shall be allowed and if not otherwise herein before disposed of One Moiety thereof shall be to the Use of His Majesty his Heires and Successors and the other to the Informer.

VI. Owners of Cloth not suing for Penalty in 6 Months, any others may sue.

Provided always and be it enacted by the Authority aforesaid That if the Owner of the Cloath shall neglect to sue for any [for any (fn. 1) ] of the Penalties and Forfeitures hee shall be intituled to by virtue of this Act by the space of Six Months next after the Offence co[m]mitted then it shall and may be lawfull for any other Person to sue for and recover the same and one Moiety thereof shall be to the Use of His Majesty His Heires and Successors and the other to the Informer.

VII. Factors to give Account of the Effects in their Hands, of Cloth sold, and of Money due.

Penalty £10.

And to prevent fraudulent Practices of Factors as to the Effects of Clothiers in their Hands and as to the Debts due to Clothiers contracted for by such Factors Be it further enacted by the Authority aforesaid That every Person being a knowne or reputed Factor for selling Cloth in the said Markett of Blackwell-Hall (²) before the Foure and twentieth Day of of June One thousand six hundred ninety seven if thereunto requested by any Clothier or Owner of Cloth give and deliver a true and particular Account in Writing to such Clothier or Owner of Cloth of the Effects of such Clothier or Owner of Cloth which now are or before the First Day of May One thousand six hundred ninety seven shall be in the Hands of such Factor and the particular Cloths of such Clothier or Owner of Cloth sold by such Factor and of the particular Su[m]ms of Money due to such Clothier or Owner of Cloth by any Contract of such Factor and of the respective Names and Places of Abode of every Person from whom such Su[m]ms are due and if any such Factor shall refuse or neglect to give and deliver such Account as aforesaid hee shall forfeit to the Person or Persons to whom hee ought to give and deliver such Account Ten Pounds to be recovered and sued for as aforesaid.