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Lapper's fee.

to the other, and to be of equal fineness and thickness throughout the whole piece, and to have two coarse coloured threads wove in the end of the piece, as is before directed, and that the number of threads in the warp agrees with the number marked by the said two coloured threads, and to be wrought and whitened in all respects pursuant to the rules and orders for regulating the linen manufacture, then, and not otherwife, fuch perfon and perfons licensed to be lappers and stamp-mafters as Lapper to afaforefaid, shall and may, upon both ends of each piece, affix, a fix a feal to feal or ftamp with the name of the lapper and county in which the cloth. he refides, or fuch other impreffion as the faid trustees fhall from time to time think fit to appoint; and shall likewise upon each end of the piece mark the breadth of it, and the exact number of yards it contains, and thereafter fhall lap up the fame; for all which fuch lapper or ftamp-master fhall and inay demand and take, for each forty yards of linen cloth not exceeding ten pence sterling, per yard in value, the fum of one peny fterling and no more; and for each forty yards of any linen cloth of any kind, of a higher value, the fum of two pence fterling and no more, and fo in proportion for a greater or leffer quantity; but if he be employed to beetle the fame, then he may demand and take one peny more for each forty yards of cloth fo beetled by him, and fo in proportion for a greater or leffer quantity; and in cafe any dispute shall arife betwixt the ftamp-mafter and the proprietor of any cloth, offered to be stamped, about the value thereof, if the proprietor infift that his cloth is of no higher value than ten pence per yard, and to have it ftamped as of that price, in that case it shall and may be lawful for fuch ftamp-mafter to buy and take the faid cloth himself, at the rate of ten pence per yard, and to pay the proprietor for the fame at that rate, otherwife, if the stamp-master refuse to take and pay for the cloth at the rate of ten pence per yard, he fhall be obliged to ftamp the fame as of that value, provided the cloth be made according to the rules and directions before prefcribed by this act.

XXI. And be it further enacted by the authority aforefaid, No linen to be That no perfon or perfons fhall fell or expofe to fale any fort of fold before it manufacture made of linen yarn, till the fame fhall be brought be brought to to the faid lapper or stamp-master, and by him viewed and in- the lapper. fpected; and if fuch lapper or ftamp-mafter fhall find that the fame is made according to the feveral rules and directions in this act before mentioned, he shall measure, mark, stamp and lap up the fame as before directed, and that within twenty-four hours at fartheft after the fame fhall be offered to be infpected, marked and stamped as aforefaid; and if any lapper or stamp- Penalty on mafter, to be licensed as aforefaid, fhall mark, feal or ftamp any lapper offend. piece or pieces of cloth that is not made according to the feveral ing. rules and directions before mentioned, or hall mark on the fame a greater number of yards than each piece containeth in length, or fhall mark the fame as of a greater breadth than it really is, or commit any other offence in relation to the premifes, fuch lapper or ftamp-mafter fo offending, being thereof

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duly

Penalty for exposing to

fale cloth not kamped.

Penalty on the buyer.

Perfons au

thorized may

fearch all warehouses

for cloth not tamped.

duly convicted in fuch manner as is herein after mentioned, fhall make good the damages to the party who bought the cloth on the credit of the stamp, and fhall. likewife forfeit the fum of five pounds fterling for every infufficient piece of cloth fo ftamped or wrong marked as aforefaid, for the ufe of the informer and profecutor, to be levied in fuch manner as is after mentioned, and fhall be difmiffed from his office as lapper or stampmafter, and rendered incapable of ferving in any fuch office for the future.

XXII. And be it further enacted by the authority aforefaid, That if any perfon or persons shall fell, expofe to fale or pack up for fale, or in order to be sent or carried by land or water, or enter for exportation by fea any linen cloth, not being ftamped and marked as aforefaid, fuch perfon or perfons so offending, being thereof duly convicted, as is herein after mentioned, thall forfeit the fum of five pounds for each piece of cloth fo fold, exposed to fale, or packed up for fale, or in order to be fent or carried by land or water, or entred for exportation as aforefaid; which faid penalty of five pounds fhall be raifed and levied in fuch manner as is after mentioned.

XXIII. And be it alfo further enacted by the authority aforefaid, That all and every perfon and perfons, who fhall from and after the faid first day of November buy any linen cloth of the manufacture of Scotland, not being marked and ftamped as aforefaid, fhall forfeit for every fuch piece of cloth fo bought, the fum of five pounds sterling, to be paid to the informer, and levied in the fame manner as the penalties hereby directed to be levied, upon all and every perfon and perfons felling and expofing to fale any linen cloth not duly marked and ftamped as aforefaid.

XXIV. And for the more effectual preventing the felling or expofing to fale any linen not duly marked and ftamped, be it further enacted by the authority aforefaid, That it shall and may be lawful to and for all and every person and perfons, duly authorized and impowered by the faid trustees or any five or more of them, by writing under their hands and feals for that purpofe, or by a warrant under the hand and seal of one or more juftice or juftices of the peace, or of any magiftrate within any borough, to fearch in the day-time all warehouses, shops, cellars or other places, where they have reason to suspect or apprehend there are any piece or pieces of cloth not duly marked and stamped as aforefaid; and to open any pack or packs where they fufpect or apprehend any cloth to be packed up not duly marked and ftamped as aforefaid; and if any piece or pieces of linen cloth fhall be found not stamped and marked as aforefaid, it thall and may be lawful to and for the faid perfon or perfons fo searching to feize and bring the fame before the next justice of peace, or magiftrate within any borough, who are hereby impowered and required to declare the fame to be forfeited to and for the use of the perfon or perfons making fuch feizure, and to impofe a fine or fines upon the poffeffors or owners of the

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the warehouse, cellar or fhop, where fuch linen fhall be found, or upon the perfon or perfons who packed or caufed to be packed up fuch linen, not exceeding five pounds fterling, for the use of the informer or informers, to be levied in fuch manner as is herein after mentioned.

XXV. And be it further enacted by the authority aforefaid, Penalty for That if any person or perfons fhall counterfeit any feal or stamp counterfe ting made in pursuance of this act, he, the or they fo counterfeiting the ftamps. the fame, and being thereof lawfully convicted before the court of jufticiary at Edinburgh, or in the circuits, fhall fuffer and incur the fame pains and penalties as perfons by the law of Scotland convicted of forgery suffer.

&c.

XXVI. And be it further enacted by the authority aforefaid, Penalty for That from and after the said first day of November no linen lapping up cloth shall be made and lapped up for fale when it is wer or is wer or cloth wet or with chalk, damp, nor with any chalk, duft or flour, and that all and every perfon or persons who fhall make up or lap up linen cloth for fale, when it is wet or damp, or fhall make up any linen cloth with any chalk, duft or flour, (hall, being thereof convicted in fuch manner as is herein after mentioned, forfeit every fuch piece of cloth for the benefit of the informer.

XXVII. And be it further enacted by the authority aforefaid, Lapper to deThat when any piece of linen cloth or any fort of manufacture tain cloth not made of linen yarn, fhall be brought to any lapper or stamp- inerchantable, mafter fo licensed as aforefaid, in order to be infpected and ftamped as aforefaid, and if fuch lapper or ftamp-mafter fhall be of opinion and think the fame is not fufficient merchantable cloth, and made according to the rules before prescribed, in that cafe it shall and may be lawful to and for every fuch lapper and ftamp-mafter to detain the fame, till fuch time as it may be tried and determined how far the fame is proper to be marked and stamped; and that every fuch lapper and stamp-mafter fhall be obliged, and is hereby required and directed, upon request made to him by the owner or owners of the faid cloth, within twenty-four hours at fartheft, after fuch cloth fhall be fo feized and detained, to apply to one or more juftice or juftices of the peace, or to any magiftrate within any borough within their respective jurisdictions; and that fuch juftice or juftices of the peace, or magiftrate fhall, and he and they are hereby directed and impowered forthwith to direct two or more fit and proper perfons converfant and fkilled in fuch manufacture, to infpect Two fit perand view the cloth so seized and detained, and upon oath, which fons to report their opinions qath the faid juftice or juftices of the peace or magiftrates as aforefaid, is and are hereby impowered and required to ad- thereon on minister, to report their opinion of the faid cloth; and if fuch perfons fo appointed thall, upon oath to be adminiftred as aforefaid, report to fuch justice or juftices of the peace or magiftrates as aforefaid, that the faid cloth is not fufficient merchantable cloth, nor made according to the laws for regulating the fame, the faid cloth fhall be adjudged forfeited, and cut into feveral pieces, as is herein after mentioned, and delivered to the stamp:

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mafter

oath.

A

Magiftrates condemning

cloth to be forfeited, to

order it to be

cut.

Trustees to

ent forts.

mafter or lapper for his own ufe, and the owner or owners thereof shall forfeit and incur the penalties in and by this act before laid and impofed upon fuch perfons, as fhall make cloth contrary to the rules herein before prefcribed; but if the faid perfons fo to be named as aforesaid fhall report that the cloth is duly and regularly made as it ought to be, then and in fuch cafe the faid lapper or stamp-mafter shall be obliged and is hereby required forthwith to mark, ftamp and lap up the fame in fuch manner as is herein before directed, and that without taking any fee, gratuity or reward for fo doing; any thing in this or any former act of parliament to the contrary notwithftanding.

XXVIII. And be it further enacted by the authority aforesaid, That when any juftice or justices of the peace, magiftrate or magiftrates within any borough, fhall condemn or adjudge any linen cloth, brought before him or them, to be forfeited, for not being made according to the law in that cafe made and provided, fuch juftice or juftices, magiftrate or magiftrates, before he or they shall deliver the fame to the informer, fhall and may order and cause such cloth to be cut and fevered into feveral parts and pieces, and that none of the faid parts or pieces do exceed fix yards in length.

XXIX. And be it further enacted by the authority aforefaid, give names to That it fhall and may be lawful for the faid trustees fo to be cloth of differ- appointed as aforefaid, or any five or more of them, to give such particular names or denominations as they fhall think proper, to the feveral pieces of cloth of different forts, breadths and lengths, fo as that they may by fuch names be easily distinguished of what fort, length and breadth they are; and it shall and may be lawful to all and every perfon and perfons felling or expofing any linen cloth to fale, to affix a label of parchment to each piece of cloth, containing the name of the particular species of the cloth, with the length and breadth thereof.

Trader may weave his name on the cloth.

Penalty for counterfeiting another's mark.,

How offences against this act hall be heard.

XXX. Provided always, and be it further enacted by the authority aforefaid, That it fhall and may be lawful to and for every trader, dealer and weaver of linen manufacture, to weave his name, or fix fome known mark, in any piece of linen manufacture by him made, if he thall fo think fit; and if any other perfon or perfons fhall counterfeit fuch mark or name, being thereof lawfully convicted upon the oath of one or more credible witness or witnesses before any two or more justices of the peace, or magiftrates within any borough, he fhall forfeit the fum of one hundred pounds, for the ufe of the perfon, whofe mark shall be fo counterfeited, to be raised, levied and paid in fuch manner as is herein after mentioned.

XXXI. And be it further enacted by the authority aforefaid, That all offences against this act (except the counterfeiting the stamps or the marks of the private dealers or weavers) fhall be heard and determined by any one or more justice or justices of the peace or any magiftrate or magiftrates within any borough, within their refpective jurifdictions, who upon complaint to

him or them made fhall, upon examination of witnesses upon oath, which oath they are respectively hereby impowered to administer, adjudge and determine the fame, and iffue his or their warrant or warrants to any one or more of the conftables or officers of the faid county, city, borough or town, requiring and impowering him or them to poynd and diftrenzie according to the practice of the law of Scotland in cafes of poynding, so much of the offender's goods and gear, as will fatisfy the several penalties incurred and forfeited, which warrant for poynding shall not be stopped or fifted by any fufpenfion, fift or other procefs whatsoever, except an appeal entred in manner after mentioned; which faid penalty and penalties, when fo levied as aforefaid, fhall belong and be paid to the informer, firft deducting out of the faid penalties the fum of two fhillings in the pound, to be paid to the conftable or officer for executing fuch warrant; and in cafe no fufficient diftrefs can be found, that then and in every such case, it shall and may be lawful to and for fuch justice and juftices of the peace, magistrate or magiftrates within any borough, by warrant under his or their hands and feals, to commit fuch offender or offenders to the house of correction, or next gaol or tollbooth, for fo long time as fuch justice or justices of the peace, or magiftrate or magiftrates thall think proper, not exceeding one year in the whole.

XXXII, Provided always, and be it further enacted by the Appeal to authority aforefaid, That if any perfon or persons shall find him, quarter-feskher or themselves aggrieved by the fentence or determination ons. of such justice or juftices of the peace, magiftrate or magistrates, it fhall and may be lawful to and for such person and perfons fo aggrieved, immediately after fentence is pronounced against him, her or them, to enter his, her or their appeal in prefence of the faid juftice or juftices of the peace, magiftrate or magiftrates, from the faid fentence, to the determination of the justices of the peace of the faid county or borough, at their next general quarter-feffions, that thall be held for the faid county or borough, of which appeal the faid juftice or juftices, magiftrate or magiftrates, are hereby appointed to make a minute, and by warrant under his or their hands to ftop execution of the sentence fo appealed from, until the end of the next quarter-feffions as aforefaid; and the faid juftices of the peace at their quarterfeflions are hereby impowered and required to proceed upon, and to hear and finally to determine in the faid appeal, and if they give judgment against the appellant, to decree him to pay the full cofts of the appeal, and further to pay a fine not exceeding double the penalty for which the original fentence was given.

XXXIII. And be it further enacted by the authority afore- Penaltyon ma faid, That if any juftice or juftices of the peace, or magiftrate giftrates not or magiftrates within any borough, fhall neglect or refule to executing the powers of this execute the powers and authorities of this act, or fhall not put act. the fame in execution, according to the true intent and mean- See 10 Ann. ing thereof (to the difcouragement of the linen manufacture) fuch neglect or refufal, or malverfation fhall be, and be taken

C. 21.

12 Ann. ftat.2.

C.20.

to 24Geo. 2.c.35.

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