Page:Ruffhead - The Statutes at Large - vol 5.djvu/672

634- C. 25. Anno decimo tertio Georgii Regis. A. D. 1726. Penalty for Jap- XXVI. And be it further enacted by the Authority aforefaid, That from and after the faid firft Day of ping up Cloth " T ' '"" ' "- r - ■ r '- 1 benefit of the Informer. Lapper to detain XXVII. And be it further enacted by the Authority aforefaid, That when any Piece of Linen Cloth or Cloth not irier- any Sort of Manufacture made of Linen Yarn, (hal! be brought to any Lapper or Stamp-mafter fo licenftd thantabJe. as aforefaid, in Order to be infpected and ftamped as aforefaid, and if fuch Lapper or Stamp-mailer fhall be of Opinion and think the fame is not diffident merchantable Cloth, and made according to the Rules be- fore prefcribed, in that cafe it fhall and may be lawful to and for every fuch Lapper and Stamp-mailer 10 detain the fame, till fuch time as it may be tried and determined how far the fame is proper to be marked and ftamped ; and that every fuch Lapper and Stamp-mafter {hall be obliged, and is hereby required and directed, upon Requeft made to him by the Owner or Owners of the faid Cloth, within twenty-four Hours at fartheft, after fuch Cloth {hall be fo feized and detained, to apply to one or more Juftice or Ju dices of the Peace, or to any Magiftrate within any Borough within their refpective Jurisdictions ; and that fuch Juftice or Juftices of the Peace, or Magiftrate {hall, and he and they are hereby directed and impowered Two fit Perfons forthwith to direct two or more fit and proper Perfons converfant and (killed in fuch Manufacture to infpect to report their anc | view the Cloth fo feized and detained, and upon Oath, which Oath the faid Juftice or Juftices of the Opinions there- p eace or Magidrates as aforefaid, is and are hereby impowered and required to adminiffor, to report their un on Oath. Opinion of the faid Cloth ; and if fuch Perfons fo appointed fhall, upon Oath to be adminiftred as afore- faid, report to fuch Juftice or Juftices of the Peace or Magidrates 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- maderor Lapper for his own Ufe,_and the Owner or Owners thereof {hall forfeit and incur the Penalties in and by this Act before laid and impofed upon fuch Perfons, as {hall make Cloth contrary to the Rules herein before prefcribed ; but if the (aid Perfons fo to be named as aforefaid {hall 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 fhall be obliged and is hereby required forthwith to mark, damp 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 Aft of Parliament to the contrary notwithdanding. Magnates con- XXVIII. And be it further enacted by the Authority aforefaid, That when any Judice or Juftices of the demning Cich Peace, Magidrate or Magidrates within any Borough, {hall condemn or adjudge any Linen Cloth, brought to be forfeited, before him or them, to be forfeited, for not being made according to the Law in that Cafe made and pro- toordenttobe vide(J5 fuch j u ft ice D r Juftices, Magiftrate or Magidrates, before he or they fhall deliver the fame to the Informer, fhall and may order and caufe fuch 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. Trufteestogive XXIX. And be it further enacted by the Authority aforefaid, That it fhall and may be lawful for the ■Names to Cioth faid Truftees fo to be appointed as aforefaid, or any five or more of them, to give fuch particular Names or of different Denominations as they fhall think proper, to the feveral Pieces of Cloth of different Sorts, Breadths and orts " Lengths, fo as that they may by fuch Names be eafily didinguifhed of what Sort, Length and Breadth they are ; and it fhall and may be lawful to all and every Perfon and Perfons felling or expofing any Linen Cloth to Sale, to affix a Label of Parchment to each Piece of Cloth, containing the Name of the particular Spe- cies of the Cloth, with the Length and Breadth thereof. Trader may XXX. Provided always, and be it further enacted by the Authority aforefaid, That it fhall and may be weave his Name lawful to and for every Trader, Dealer and Weaver of Linen Manufacture, to weave his Name, or fix en the Cloth, fome known Mark in any Piece of Linen Manufacture by him made, if he fhall 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 crebible Witnefs or Witneffes before any two or more Judices of the Peace, or Ma- Penalty for giilrates within any Borough, he fnall forfeit the Sum of one hundred Pounds, for the Ufe of the Perfon, counterfeiting whofe Mark fhall be fo counterfeited, to be raifed, levied and paid in fuch Manner as is herein after men- another's Mark, tioned. How Offences XXXI. And be it further enacted by the Authority aforefaid, That all Offences againft this Act (except againft this. Acft the Counterfeiting the Stamps or the Marks of the private Dealers or Weaves) fhall be heard and deter- ftall be heard, mined by any one or more Juftice or Juftices of the Peace, or any Magiftrate or Magidrates within any Borough, within their refpective Jurildictions, who upon Complaint to him or them made fiiall, upon Exa- mination of Witneffes upon Oath, which Oath they are respectively hereby impowered to adminider, ad- judge and determine the fame, and iffue his or their Warrant or Warrants to any one or more of the Con- ftables or Officers of the faid County, City, Borough or Town, requiring and impowering him or them to poynd and didrenzic according to the Practice of the Law of Scotland in Cafes of Poynding, fo much of the Offender's Goods and Gear, as will fatisfy the feveral Penalties incurred and forfeited, which Warrant for Poynding fhall not be dopped or fided by any Sufpenfion, Sid or other Procefs whatsoever, except an Appeal entred in Manner after mentioned : which faid Penally and Penalties, when fo levied as aforefaid, fhall belong and be paid to the Informer, firft deducting out of the faid Penalties the Sum of two Shil- lings in the Pound, to be paid to the Qojjftable or Officer for executing fuch Warrant ; and in cafe na fufficient Dift'refs can be found, that then and in every fuch Cafe, it fhall and may be lawful to and for fuch Juftice and Juftices of the Peace, Magiftrate or Magiftrates within any Borough, by Warrant under his or their Hands 'and Seals, to commit fuch Offender or Offenders to the Houfe of Correction, or next Gaol or Tollbooth, for fo long Time as fuch Juftice or Juftices of the Peace, or Magiftrate or Magiftrates lhall think proper, not exceeding one Year in the whole. XXXII. Pro-