parish, town or place where fuch offenders fhall inhabit, or can be found (within the limits of his or their jurifdiction) to levy the fame by distress and sale of the offender's goods, returning the overplus (if any be) to the owner or owners; and where no fufficient diftrefs can be found, to commit the offender and offenders to the house of correction, there to be kept to hard labour for such time as the justices of the peace, before whom fuch conviction fhall be had, fhall think fit, not exceeding three months.

within 40

ons.

VI. Provided, That all profecutions for offences against this Profecutions. act shall be commenced within forty days next after the offence to commence committed or discovered, and fhall be profecuted with effect, and days. without wilful delay; and if any perfon or perfons shall find him or themselves aggrieved by the judgment or order of any of the faid juftices of the peace, fuch person or persons may appeal to Appeal to the juftices of the peace at the next general quarter-feffions to be quarter-fefsiheld for the county, city, town or place where the offence shall be committed, giving reasonable and fufficient notice of fuch appeal, and the judgment and determination of the juftices at fuch general quarter-feffions fhall be final; and they have hereby power, upon fuch appeal, to allow fuch reasonable cofts and charges to either party as they hall think juft, to be levied and paid in fuch manner, as is ufual in other cafes of appeal from orders of justices of the peace to the general quarter-feffions.

VII. And be it enacted by the authority aforefaid, That if any action or fuit fhall be commenced or profecuted against any perfon or perfons for any thing he or they shall do in pursuance of this act, or in the execution of any of the powers thereby granted, all and every perfon and perfons fo fued may plead the general iffue, and give this act and the special matter in evidence; General iffue. and if the plaintiffs or profecutors fhall become nonfuited, or forbear prosecution, or suffer discontinuance, or a verdict shall be given against him or them, or judgment upon demurer, the defendant or defendants shall recover his and their treble costs, for which he and they fhall have like remedy as in cafes where cofts by law are given to defendants; and this act fhall be taken and allowed as a publick act in all courts and places within this kingdom, and all judges, justices and others, are hereby required to take notice thereof as fuch, without fpecial pleading of the fame.

CAP. XXV.

An act for the free importation of cochineal, during the time

therein limited.

7 Geo. 2. c. 18.

W HEREAS cochineal of the growth of the Spanish WestIndies, is of principal use in dying cloth, and other the wool- Revived by len manufactures of this kingdom, of fearlet, purple and other colours, and continued by called grain colours, to the great improvement thereof, by which great 20Geo.2.c.47. numbers of his Majefty's fubjects are employed in finishing and per- to 1 June 1754. fecting fuch woollen manufactures; and whereas fuch cochineal, by the laws in being, cannot be imported but from Spain, or the places

of

After 20 May 1727, for fix months, and to the end of

the next feffion of parliament,cochineal may be imported free.

See 24 Geo. 2.
C. 31.

of its growth, and British ships are not at prefent admitted into the ports of Spain, and the territories thereunto belonging, fo that this kingdom is not likely to be furnished with a fufficient quantity of cochineal for the neceffary fervice thereof, unless fome provifion be made for the free importing of the fame, during the interruption of the commerce with Spain, whereby great quantities of cloths, and other woollen manufactures of this kingdom, are like to remain white in the makers and merchants hands, for want of cochineal to dye the fame into grain colours for exportation; and whereas in feveral parts of Europe cochineal is now fold at much cheaper rates than in this kingdom, and it is now used abroad in dying foreign manufactures, at lower prices than his Majesty's fubjects can dye the manufactures of this kingdom therewith, to the great encouragement of foreign woollen manufactures, the great prejudice of the woollen manufactures of this kingdom, and impoverishment of many of his Majesty's fubjects imployed therein: for remedy whereof, be it enacted by the King's moft excellent majefty, by and with the advice and consent of the lords spiritual and temporal and commons, in this prefent parliament affembled, and by the authority of the fame, That from and after the twentieth day of May one thoufand feven hundred and twenty seven, during the fpace of fix months, and to the end of the then next feffion of parliament, it fhall and may be lawful to and for any person or persons to import and bring cochineal into this kingdom, in any fhip or fhips, veffel or veffels belonging to Great Britain, or to any kingdom or state in amity with his Majefty, from any port or place whatsoever; any act or acts of parliament to the contrary in any wife notwithstanding,

CAP. XXVI,

An act for better regulation of the linen and hempen manufactures in that part of Great Britain called Scotland. WHEREAS the advancement of the linen and hempen manu

factures in that part of the united kingdom called Scotland (which are now under great difcouragements) will not only imploy great numbers of poor, but will be a general good to the united kingdom, by adding to the wealth of the realm; and whereas feveral frauds and abufes are daily committed in the faid manufactures, whereby the growth of flax and hemp within that part of the united kingdom is difcouraged, the credit of the faid manufacture deftroyed, and the demand for the fame leffened, for want of proper laws and regulations for that purpose: to the end therefore that these frauds and abuses may for the future be prevented, and that the manufactures may be incouraged, and the credit thereof raised; be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords fpiritual and temporal and commons, After 1 Nov. in this prefent parliament affembled, and by the authority of $727, no bad the fame, That from and after the first day of November which shall be in the year of our Lord one thousand seven hundred and twenty feven, no perfon or perfons fhall import or cause to be imported into any part or place in that part of the united kingdom called Scotland,any bad, mixed or damnified lintfeed or hemp

lintfeed or hempfeed to be imported

into Scotland.

feed,

feed, but that from and from and after the faid first day of November, all lintfeed or hempfeed that shall be imported into any part of Scotland, of the growth of the Netherlands, Ruffia, Livonia, Poland, Germany or other places, fhall be fresh, good and clean, without mixture.

II. And be it further enacted by the authority aforefaid, No damnified That from and after the said first day of November no perfon or lintfeed to be perfons fhall vend, fell or expofe to fale, within any port or place fold in Scotland, nor parin Scotland, any mixed or damnified lintseed or hempfeed, or any cels of differlintfeed commonly called or known by the name of fhort lint- ent countries. feed; and that no perfon or perfons do prefume to mix or cause to be mixed different parcels of lintfeed or hempfeed of different countries or growths together; and that from and after the faid first day of November every person who fhall fell or vend any Seller to give parcel or parcels of lintfeed or hempfeed within any part or place an account of of that part of the united kingdom called Scotland, fhall, togethe parcel. ther with the faid parcel or parcels, deliver to the buyer, in writing, a particular account of the parcel of lintfeed or hempfeed fold by him, expreffing the quantity thereof, the place from whence the fame was imported, and where it grew, and the year of its growth, to the end if that the feller fhall have been guilty of any fraud, he may be the more easily convicted, and subjected to the penalties herein after expreffed.

III. And be it further enacted by the authority aforefaid, Penalty for That from and after the said first day of November, all and every felling bad perfon and perfons, who fhall fell or expofe to fale, bad, fhort lintfeed, &c. or damnified lintfeed or hempfeed, or who fhall mix what is left of the lintfeed or hempfeed of the former year with what is imported in a fubfequent year, or fhall mix different parcels of lintfeed or hempfeed together, or who fhall fell lintseed or hempfeed of a different growth or age from what he, fhe or they have expreffed at the fale, in the account to be given in writing as aforesaid, contrary to the true intent and meaning of this act, fhall, upon being duly convicted thereof in manner hereafter mentioned, for every fuch offence, forfeit the faid lintfeed or hempfeed fo fold or expofed to fale, or the price thereof, and likewise a fum not exceeding five pounds fterling, nor lefs than fifty fhillings for every hogfhead of lintfeed or hempfeed so fold or expofed to fale, and fo proportionably for every greater or leffer quantity; and all and every perfon and perfons who fhall fell or vend any lintfeed or hempfeed by any other measure than the Linlithgow measure streaked, and the fractions thereof, hall forfeit for every fuch offence, the measure ufed by him, her or them, and a fum not exceeding forty fhillings fterling, to be levied and recovered in manner herein after particularly defcribed. IV. And be it further enacted by the authority aforefaid, That from and after the faid first day of November no hemp Penalty for or bad fteeping lint within that part of Great Britain called Scotland, fhall be hemp or lint. steeped or watered in any boghole, peat, mofs or turf-pit; and that no lint or hemp fhall be fteeped or watered for two years fucceffively, in any standing pool, or in any hole or pit with standing water, unless fuch hole or pit is dug near to the fide of

Penalty for

made up.

a running river or rivulet, from whence the faid pool, hole or pit may be frequently fupplied with fresh water; and all and every perfon and perfons, fteeping lint or hemp contrary to the true intent and meaning hereof, thall for every fuch offence, being thereof duly convicted in manner hereafter directed, forfeit fuch lint or hemp, to be levied and recovered in manner herein after mentioned.

V. And whereas great frauds are frequently committed in the felling lint or Spinning and reeling of linen yarn, to the great prejudice of the linen hemp yarn ir-manufacture, be it enacted by the authority aforefaid, That from regularly and after the faid firft day of November no perfon or perfons whatsoever shall fell or expofe to fale, or import into Scotland, or carry or transport from any one part of Scotland to another, any linen yarn, other than such as is made up into cuts, and hesps or hanks, each help or hank confifting of twelve cuts, and no more, and each cut containing one hundred and twenty threads, all exactly numbered, and no more; and that all the yarn contained in the faid hefp or hank be lint-yarn only, or tow-yarn only, and of the fame colour and fineness; and that no tow-yarn and lint-yarn be mixed together in one and the fame hefp or hank, and that the fame be tied up with a piece of packthread, and not yarn; and that the faid yarn be well reeled, and each cut and help or hank be separated, as the fame fhall be reeled, and not afterwards; and that from and after the faid firft day of November the uniform ftandard reel of Scotland fhall be two yards and half, or ninety inches in circumference; and that all and every person and persons who after the faid first day of November fhall fell or expofe to fale, or carry or transport from one part in Scotland to another, any lint or hemp yarn, made up in another manner than as aforefaid, contrary to the true intent and meaning of this act, and shall be thereof convicted as herein after is mentioned, fhall forfeit the help or hank made up of fewer cuts than twelve, or in which any cut shall be falfly made up, to him, her or them, who fhall inform and profecute the fame with effect.

Magifrates may destroy

reels other

VI. And be it further enacted by the authority aforefaid, That it fhall and may be lawful to and for any juftice of the than yard and peace or magiftrate, within any burrough, or to and for any an halt in cir- perfon or perfons lawfully authorized, by warrant under the cumference. hand of fuch juftice of peace or magiftrate, to enter into any houfe or houses, the doors thereof being open, at all times of the day; and if any reel or reels be there found, other than two yards and an half, or ninety inches in circumference, the fame hall and may be carried before fuch juftice of the peace or magiftrate within any burgh; and the faid juftice of the peace or magiftrate fhall and may, and are hereby authorized and required to break, burn and utterly deftroy the fame.

Officers may

enter into

warehoufes,

&c. and feize

VII. And be it further enacted by the authority aforesaid, That from and after the faid firft day of November it fhall and may be lawful to and for the refpective officers herein after named, or any of them, from time to time, and at all times

by

act.

by day, to enter into all and every warehouses, storehouses, linen yarn rooms, fhops, cellars, vaults and other places made ufe of for made up conkeeping or making any linen yarn, and feize and carry away all trary to the such linen yarn, as they fhall then and there find made up contrary to the direction herein before mentioned, and detain the fame till it fhall be tried whether fuch yarn was made up according to the directions of this act; and the fame is hereby directed to be tried in the fame way and manner, and under the fame penalties as herein after directed concerning linen cloth feized as made up contrary to the directions of this act; and if Penalty for any perfon or perfons whatsoever fhall let, obftruct or hinder obftructing any of the faid officers from entring fuch places, or in feizing and carrying away fuch linen yarn, the perfon or persons offending herein shall for every fuch offence forfeit the fum of five pounds fterling, to be recovered as is herein after mentioned.

officer.

not to weave

VIII. And for the better encouragement and advancement of the trade, art or myftery of weaving and making of linen. cloth, agreeable to the directions of this act; be it further enacted by the authority aforefaid, That from and after the faid No weaver to first day of November no weaver fhall fet up for himself, as ma- fet up before fter weaver, until he give fecurity before one or more juftice or fecurity given, juftices of the peace, or magiftrate or magiftrates, within any contrary to burrough, under fuch penalties as the said justice or magiftrate this act. fhall think fit, that neither he, nor any perfon or perfons to be employed by him, fhall weave any linen cloth for sale, otherwife than according to the rules and directions prescribed by this Penalty for act; and if any perfon or perfons fhall fet up for him or them- fetting up felves, as mafter weavers, without giving fuch fecurity as afore without fecufaid, he or they being duly thereof convicted, in manner herein after mentioned, thall forfeit for every webb or piece of linen cloth (fo wrought or wove by him or them, or any employed by them) the faid webb, piece or pieces of cloth, or the value thereof, for the benefit of the informer, and fhall further forfeit the fum of five pounds, to be recovered in manner herein after mentioned.

rity.

IX. And be it further enacted by the authority aforefaid, Penalty on That from and after the said first day of November every weaver weavers workof linen cloth of any kind, fhall make all the warp of of every ing deceitfully. piece of linen cloth, of equal fineness, and the woft likewife all of one fineness, and proportionable to the warp; and that every piece of linen cloth fhall be of equal fineness and thicknefs throughout the whole piece; and that no part of the fame. piece be coarfer or thinner than the other, and that no weaver fhall put lint-yarn and tow-yarn in the fame piece; and if any weaver fhall, from and after the said first day of November, weave or cause to be weaved, any piece or webb of linen cloth contrary to the directions aforefaid, every fuch weaver being thereof lawfully convicted, in fuch manner as is herein after mentioned, fhall forfeit the fecurity by him given as aforefaid, or fo much thereof as the juftice of the peace or magiftrate, 6 within