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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 otherwise, such person and persons licensed to be lappers and stamp-masters as Lapper to asaforesaid, shall and may, upon both ends of each piece, affix, a six a seal to seal or stamp with the name of the lapper and county in which ^ cloth, he resides, or such other impression as the said trustees shall from time to time think fit to appoint; and mall likewise upon each Lappefs fee. end of the piece mark the breadth of it, and the exact number of yards it contains, and thereafter sliall lap up the fame; for all which such lapper or stamp-master sliall and may demand and take, for each forty yards of linen cloth not exceeding ten pence sterling, yard in value, the surh of one peny sterling and no more ; and for each forty yards of any linen cloth of any kind, of a higher value, the sum of two pence sterling and no more, and so in proportion for a greater or lesser quantity; but if he be employed to beetle the same, then he may demand and take one peny more for each forty yards of cloth so beetled by him, and so in proportion for a greater or lesser quanfity; and in case any dispute shall arise betwixt the stamp-master and the proprietor of any cloth, offered to be stamped, about the value thereof, if the proprietor insist that his cloth is of no higher value than ten pence per yard, and to have it stamped as of that price, in that cafe it shall and may be lawful for such stamp-master to buy and take the said cloth himself, at the r'ate of ten pence per yard, and to pay the proprietor for the same at that rate, otherwise, if the stamp-master refuse to take and pay for the cloth at the rate of ten pence per yard, he shall be obliged to stamp the same as of that value, provided the cloth be made according to the rules and directions before prescribed by this act.

XXL And be it further enacted by the authority aforesaid, No |-n^n to be That no person or persons sliall fell or expose to sale any sort of sold before it"* manufacture made of linen yarn, till the same shall be brought be brought to to the said lapper or stamp-master, and by him viewed and In- tlie laPPer» spected; and if such lapper or stamp-master shall find that the same is made according to the several rules and directions in this act before mentioned, be sliall measure, mark, stamp and lap up the same as before directed, and that within twenty-four hours at farthest after the fame sliall be offered to be inspected, marked and stamped as aforesaid; and if any lapper or stamp- penalty on master, to be licensed as aforesaid, sliall mark, seal or stamp any lapper'ortem}. piece or pieces of cloth that is not made according to the several i"Srules and directions before mentioned, or (hall mark on the fame a greater number of yards than each piece containeth in length, or {hall mark the fame as of a greater breadth than it really is, or commit any other offence in relation to the preHjifes, such lapper cr stamp-master so offending, being thereof

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duly

duly convicted in such manner as is herein after mentioned, ihall make good the damages to the party who bought the cloth on the credit of the stamps and shall likewise forfeit the sum of five pounds sterling for every insufficient piece of cloth so stamped or wrong marked as aforesaid, for the use of the informer and prosecutor, to be levied in such manner as is after mentioned, and mall be dismissed from his office as lapper or stampmaster, and rendered incapable of serving in any such offiqe for the future.

Permit-y for XXII. And be it further enacted by the authority aforesaid, exposi ng to That if any person or persons shall sell, expose to sale or pack

ftam°!-dh Up °r *n or<^er to ^e sent or carried by land or waterf

an?P"'. * or enter for exportation by sea any linen cloth, not being stamped and marked as aforesaid, such person or persons so offending, being thereof duly convicted, as is herein after mentioned, (hall forfeit the sum of five pounds for each piece of cloth so sold, exposed to sale, or packed up for sale, or in order to be sent or carried by land or water, or entred for exportation as aforesaid; which said penalty of five pounds shall be raised and levied in. such manner as is after mentioned. Penalty on the XXIII. And be it also further enacted by the authority aforeu^6s* said, That all and every person and persons, who shall from

and after the said first day of November buy any linen cloth of the manufacture of Scotland^ not being marked and stamped as aforesaid, shall forfeit for every such piece of cloth so bought, the sum of five pounds sterling, to bepaid to the informer, and levied in the fame manner as the penalties hereby directed to be levied, upon all and every person and persons felling and exposing to sale any linen cloth not duly marked and stamped as aforesaid.

Persons au- 'XXIV. And for the more effectual preventing the felling or thonzed may eXp0fing to sale any linen not duly marked and stamped, be it warehouses father enacted by the authority aforesaid., That it (hall and for cloth'not may be lawful to" and for all and every person and persons, duly draped.' authorized and impowered by the said trustees or any five or more of them, by writing under their hands and seals for that purpose, or by a warrant under the hand and seal of one or more justice or justices of the peace, or of any magistrate within any borough, to search in the day-time all warehouses, (hops, 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 aforesaid; and to open any pack or packs where they suspect or apprehend any cloth'to be packed up not duly marked and stamped as aforesaid; arid if any piece or pieces of linen cloth (hall be found not stamped and marked as aforesaid, it (hall and may be lawful to and for the said person or person? so searching to seize and bring the same before the next justice of peace, or magistrate within any borough, who are hereby impowered and required to declare the fame to be forfeited to and for the use of the'person or persons making such seizure, and to impose a sine or fines upon the possessors or owners of • '• the the warehouse, cellar or (hop, where such linen shall he found, or upon the person or persons who packed or caused to be packed up such linen, not exceeding five pounds sterling, for the use of the informer or informers, to be levied in such manner as is herein after mentioned.

XXV. And be it further enacted by the authority aforesaid, Penalty ftr That if any person or persons shall counterfeit any seal or stairm .counters t ting made in pursuance of this act, he, she or they so counterfeiting the stamp$» the same, and being thereof lawfully convicted before the court

of justiciary at Edinburgh, or in the circuits, shall suffer and incur the same pains and penalties as persons by the law of Scotland convicted of forgery suffer.

XXVI. And be it further enacted by the authority aforesaid, Penalty for That from and after the said first day of November no linen lapping up cloth (hall be made and lapped up for sale when it is wet or cloth wet °* damp, nor with any chalk, dust or flour, and that all and every ^J*1 cha^> person or persons who shall make up or lap up linen cloth for*"

sale, when it is wet or damp, or shall make up any linen cloth with any chalk, dust or flour, shall, being thereof convicted hi such manner as is herein after mentioned, forfeit every such piece of cloth for the benefit of the informer.

XXVII. And be it further enacted by the authority aforesaid, Lapper to deThat when any piece of linen cloth or any sort of manufacture taincluth not made of linen yarn, shall be brought to any lapper or stamp- merchantable, master so licensed as aforesaid, in order to be inspected and

stamped as aforesaid, and if such lapper or stamp-master shall be of opinion and think the same is not sufficient merchantable cloth, and made according to the rules before prescribed, in that cafe it shall and may be lawful to and for every such lapper and stamp^master to detain the same, till such time as it may be tried and determined how far the fame is proper to be marked and stamped; and that every such lapper and stamp-master mall be obliged, and is hereby required and directed, upon request made to him by the owner or owners of the laid cloth, within twenty-four hours at farthest, after such cloth shall be so seized and detained, to apply to one or more justice or justices of the peace, or to any magistrate within any borough within their respective jurisdictions; and that such justice or justices of the peace, or magistrate mall, and he and they are hereby directed and impowered forthwith to direct two or more fit and proper persons conversant and skilled in such manufacture, to inspect Two sit perand view the cloth so seized and detained, and upon oath, which fo".S to report oath the said justice or justices of the peace or magistrates as thereoiron°n? aforesaid, is and are hereby impowered and required to ad- oatn °n minister, to report their opinion of the said cloth; and if such persons so appointed (hall, upon oath to be administred as aforesaid, report to such justice or justices of the peace or magistrates as aforesaid, that the said cloth is not sufficient merchantable cloth, nor made according to the laws for regulating the fame, the said cloth shall be adjudged forfeited, and cut into several pieces^ 3§ is herejn after mentioned, and delivered to the stamp

E-e 4 master

Magistrates condemning cloth to be forfeited, to order it to b£ cut.

master or lapper for his own use, and the owner or owners thereof shall' forfeit and incur the penalties in and by this act before laid and imposed upon such persons, as shall make cloth contrary to the. rules herein before prescribed; but if the said persons so to be named as aforesaid mall report that the cloth is duly and regularly made as it ought to be, then and in such ease the said lapperor stamp-master shall be obliged and is here^ by required forthwith to mark, stamp and lap up the fame in iuch manner as is herein before directed, and that without taking any fee, gratuity or reward for To doing; any thing in this or any former act of parliament to the contrary notwith* standing.

XXVIIL And be it further enacted by the authority aforesaid, That when any justice or justices of the peace, magistrate or magistrates within any borough, {hall 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, such justice or justices, magistrate or magistrates, before he or they {hall deliver the fame to the informer, shall and may order and cause such cloth to be cut and severed into several parts and pieces, and that none of the said parts or pieces do exceed six yards in length.

XXIX. And be it further enacted by the authority aforesaid, give names to That it mall and may be lawful for the said trustees so to be cloth of diffeiv appointed as aforesaid, or any five or more of them, to give such

particular names or denominations as they mall think proper, to the several pieces of cloth of different forts, breadths and lengths, so as that they may by such names be easily distinguished of what fort, length and breadth they are; and it shall and may be lawful to all and every person and persons selling or exposing any linen cloth to sale, to affix a label of parchment tp each piece of cloth, containing the name of the particular species of the cloth, with the length and breadth thereof,

XXX. Provided always, and be it further enacted by the authority aforesaid, That it shall and may be lawful to and for every trader, dealer and weaver of linen manufacture, to weave his name, or fix some known mark, in any piece of linen manufacture by him made, if he (hall so think fit; and if any other person or persons shall counterfeit such 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,

f or magistrates within any borough, he mall forfeit the sum of counterfeiting; one nuncn*ed pounds, for the use of the person, whose mark another's mall be so counterfeited, to be raised, levies] and paid in fuel} mark., manner as is herein after mentioned.

How offences XXXI. And be it further enacted by the authority aforesaid, against this That all offences against this act (except the counterfeiting the heard^ ^ ^amPs or me marks of the private dealers or weavers) shall be heard and determined by any one or more justice or justices of fhe peace or any magistrate or magistrates within any borough, jvithin their respectiye jurisdictions, who upon complaint to '''

Trustees to

cut forts.

Trader may weave his name on. the cloth.

him or them made (hall, upon examination of witnesses upon oath, which oath they are respectively hereby impowered to administer, adjudge and determine the same, and issue his or their warrant or warrants to any one or more of the constables or .officers of the said county, city, borough or town, requiring and impowering him or them to poynd and distrenzie according to the practice of the law of Scotland in cases of poynding, so much of the offender's goods and gear, as will satisfy the several penalties incurred and forfeited, which warrant for poynding mall not be stopped or fisted by any suspension, fist or other process whatsoever, except an appeal entred in manner after mentioned; which said penalty and penalties, when so levied as aforesaid, mall belong and be paid to the informer, first deducting out of the said penalties the sum of two millings in the pound, to be paid to the constable or officer for executing such warrant; and in cafe no sufficient distress can be found, that then and in every such case, it shall and may be lawful to and for such justice and justices of the peace, magistrate or magistrates within any borough, by warrant under his or their hands and seals, to commit such offender or offenders to the house of correction, or next gaol or tollbooth, for so long time as such justice or justices of the peace, or magistrate or magistrates lhal! think proper, not exceeding one year in the whole.

XXXII, Provided always, and be it further enacted by the Appeal to Authority aforesaid, That if any person or persons (hall rind him, quarter-selEher or themselves aggrieved by the sentence or determination ons,

of such justice or justices of the peace, magistrate or magistrates, it (hall and may be lawful to and for such person and persons so aggrieved, immediately after sentence is pronounced against: him, her or them, to enter his, her or their appeal in presence of the said justice or justices of the peace, magistrate or magistrates, from the said sentence, to the determination of the justices of* the peace of the said county or borough, at their next general quarter-sessions, that shall be held for the said county or borough, of which appeal the said justice or justices, magistrate or magistrates, are hereby appointed to make a minute, and by warrant under his or their hands to stop execution of the sentence so appealed from, until the end of the next quarter-sessions as aforesaid; and the said justices of the peace at their quartersessions are hereby impowered and required to proceed upon, and to hear and finally to determine in the said appeal, and if they give judgment against the appellant, to decree him to pav the full costs of the appeal, and further to pay a fine not exceeding double the penalty for which the original sentence was given.

XXXIII. And be it further enacted by the authority afore- Penalty on masaid, That if any justice or justices of the peace, or magistrate §lltr^s ROt or magistrates within any borough, (hall neglect or refuse to powers of Vhls execute the powers and authorities of this act, or (hall not put act.

the fame in execution, according to the true intent and mean- See 10 Ann.

ing thereof (to the discouragement of the linen manufacture) c-*1

such neglect or refusal, or malversation (hall be? and be taken *2^nn*stat'-'

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