Page:Ruffhead - The Statutes at Large - vol 7.djvu/383

A. D. 1 75 1. Anno viccfimo quarto Georgii II. C. 31. 363 °r equal Quality, Fabrick and Goodnefs throughout the Piece, in fuch Manner as the fame is direifted todaTnaged by Ac- be made, by the (aid former Aft or this prefent Aft, the Stamp-mafter or Stamp-mafters appointed or to^"^'-'"^ t)e appointed by the faid Truftees, may cut fuch damaged or infufRcient Cloth into fuch Pieces as he or they Ihall find to be fufficient and free of Holes and Rents, and affix his Stamps to fuch Cuttings, in thej"^^ '^'"f fame Form and Manner as by the faid Aft is direfted, with regard to whole Pieces, returning the damaged or infufRcient Cuttings to the Owners for their Ufe; but thaF if the faid Stamp-maiter or Stamp-mafters cloth damaged llaall not be fatisfied that the Cloth recei->-cd fuch Damage, or was rendered infufficient, through u"avoid-g]'_|^^^^'^^™^<=^^ able Accidents as afjrefaid, and fhall have Reafon to believe that the fame was occafioned by the Negli-^,J,^ anj p^c. gence or Ignorance of the Weaver or Bleacher, and that the Cloth was prefented to be ftamped with a fenu-a to be fraudulent Intention to deceive the Buyer, he flTall and may fcize and detain. the fame ; and if upon Trial Hampe'J. "> •>= to be had thereupon, it fhall appear that fuch Damage or Infufficiency was occafioned by the Negligence '^'^^" or Ignorance of the Weaver or Bleacher of fuch Cloth, and not by unavoidable Accident, it fliall be con- demned and forfeited in fuch Manner as is prefcribed by the aforefaid Aft of his late Majei1:y, with refpeft^"^ fotfeitsd. to all infufficient and unmerchantable Cloth which fhall be oftered to be ftamped. XX. And be it further enafted by the Authority aforefaid, That when any unftamped Cloth or unflratU-lf doth or Yarn. table Yarn fliall be feized in purfuance of the Powers contained in the faid Aft, and it fhall be alledged^/ ^'^7^-' 'iJ^^f,,, that fuch Cloth or Yarn is of foreign Manufafture, the O/nis Proband! fhall lie upon the Owner of fuchof-°^^^°„|,^j.jj'^* Cloth or Yarn, that the fame was fairly imported from the Place where it fhall be alledged to have beenfjaure'to lie oa .. manufaftured, or from the next adjacent Port, and that the Duties for the fame have been paid ; and if the the Owntr, &c Owner of fuch Cloth or Yarn fliall fail in fuch Proof, the Cloth or Yarn fo feized fhall be deemed and taken to be of the Manufafture of Scotland, and be forfeited ; and all Linen Cloth of the Manufafture of Ireland, imported into, or expofed to Sale in Scotland, which fhall not have the Seals or Stamps of fome Stamp-mafter appointed by the Truftees for the Linen A'lanufafture in Ireland, afftxed thereon, fhall be '"* '^'"^^ ""■" forfeited, and Ihall be feized and tried in the fame Manner as is direfted by the faid Aft, with regard to^-^'^^j'^^^j'" "^ iuch Linen of the Manufafture of Scotland as is expofed to Sale without being ftamped. XXI. And be it further enafted by the Authority aforefaid, That every Maker and Cutter of Stamps Maters of or Seals of any Kind for ftamping of Cloth, fhall upon fome proper Part of every Stamp or Seal by him Stamps to marie made, mark his Name and Place of Abode, and fhall take an Impreflion of every fuch Seal or Stamp in a '|j^^lj^'"^^j Book to be kept for that Purpofe, and fliall enter in fuch Book the Name and Defignation of the Perfon bytjke^m'impref- whom he was employed, and to what Perfon and at what Time fuch Seal or Stamp was delivered, under fioii in a Book, the Penalty of fifty Pounds Sterling for each of the faid Offences. ^'t^- XXII. And be it f ;rther enafted by the Authority aforefaid. That if any Perfon or Perfons fhall coun- Penalty of coun- terfeit any Seal or Stamp made in purfuance, of this Aft, or any Seal or Stamp of any Stamp-mafter ap- '^-^'^'^'"SSEamps, pointed by the Truftees for the Linen Manufafture in Ireland, he, fhe or they fo counterfeiting the fame, and being thereof lawfully convifted before the Court of Jufticiary at Edinburgh, or in the Circuits, fliali fufter and incur the fame Pains and Penalti:s as Perfons by the Law of ■Sco//^«af convifted of Forgery. XXIII. And be it further enafted by the Authority aforefaid. That every Maker of Heckles, Spin- '^^■1'^'=" of f^==- ning-whcels. Reels, "Weaving-looms and Weaving-reeds, and alfo every Weaver or Manufafturer oi'^'^^^- ^^'^^^l^^ Lnen, Flaxen or Hempen Cloth, or Heckler or Drefter of Flax or Hemp, fhall and may, and is hereby ^j:^,,^. th^ir authorized to exercife the faid refpeftive Trades, within any City, Town, Corporation, Burgh or Place Trades in any in Scotland, without any Lett or Hindrance from any Perfon or Perfons whatfoever, and without being City, &c. chargeable or charged with Payment of any Entry-money or other Duty whatfoever, for or in refpeft cf their follov/ing fuch Trade or Bufinefs. XXIV. And be it further enafted by the Authority aforefaid. That no Perfon or Perfons fhall bjr Force P'n»lfy of ob- or Violence obftruft, hinder or imp:de any Officer appointed or to be appointed by the faid Truftees '*™^"'S^ in the due Execution of his Duty, under the Penalty of forfeiting a Sum not exceeding fifty Pounds, nor lefs than five Pounds Sterling, for every fuch Offence. XXV. And it is hereby enafted. That all Offences againft this Aft (except only as to the counter- Off^"f" '^'^"' '" feiting of Seals or Stamps) fhall and may be heard and derermined by the Juftices of Peace or Magiftrates '^ "'" " of any Burghs, or any one of them, within their refpeftive Jurifdictions, after the fame Form and Man- ner, and with the fame Powers as are prefcribed and mentioned in the aforefaid Aft, v/ith r»gard to Of- fences committed againft that Aft; and that all Offences againft this and the aforefaid Aft, (except as aforefaid) fhall and m:.y be alfo heard and finally determined by any of his Majefty's Sheriff' or Stewart Deputes, or their Subftitutes, fubjeft only to an Appeal to the Lords of Jufficiary or their Circuit • Courts. XXVI. And it is hereby declared. That all Penalties or Forfeitures which fliall be incurred for all thePsn^^'s* to be Offences againft this Aft, fhall be paid and delivered to the Informer or Profecutor, and be adjudged to be-P^"' '" ^'^^ ^'°" payable and deliverable to him. "" ° ■ XXVII. Provided always. That all Aftions fhall be commenced for Offences againft this Aft, and the Limitation <sf faid former Aft, within twelve Months after the Commiffion of fuch Offence; and all Aftions to be com.- ■'^'^""• menced for the fame fliall ceafe and determine, and are hereby difcharged from and after the Expiration of eight full Months from the Commencement of the Suit; and if any Appeal, either from the Magi^ftrates %r Juftices of the Peace to the Qjaarter-Seffions, or from the Sheriff" or Stewart Deputes, or their Subfti- tutes, to the Circuit Court, fhalT not be determined at the Expiration of eight Months f-"rom the Com- mencement of the Aftion, the Sentence appealed from fhall take Place, and be put in Execution, as if no Appeal had been entered againft the faid Sentence* 3A2 XXVlTL