tains, and the

of fuch goods, before the same shall be taken out of the loom; in order to afand alfo make a juft and true entry in writing, in proper books fix the stamps; to be provided for that purpofe at the expence of the manufac- and he is to make entry of turer of such goods, of the number fet to each piece of fuch the N° fet to goods, and the number of yards which each piece of fuch each piece, goods fhall contain in length; and alfo the number of threads and the N° of contained in the warp of each piece of fuch goods; upon pain yards it conthat every supervisor, or other officer fo appointed as aforefaid, No of threads who fhall, upon reasonable notice given as aforefaid of the finish- in the warp; ing of any piece of fuch goods, neglect or refuse to mark or stamp any piece of fuch goods in manner herein before directed, or to fix or fet a diftinct and separate number on each piece of fuch goods, or to make a true and just entry in manner aforefaid of the number fet or affixed to each piece of fuch goods, and of the number of yards which each piece thereof fhall contain in length, and alfo the number of threads contained in the warp of each piece of fuch goods; fhall, for every fuch refufal or on forfeiture neglect, forfeit and pay the fum of five pounds fterling money. of 51.

XIV. And be it further enacted by the authority aforefaid, Officers frauThat if any such fupervisor, or other officer or officers of the dulently excife, who fhall be fo appointed to feal or ftamp fuch cambricks, permitting to ftamping, or or who shall have the cuftody of any mark or stamp which fhall be fo done, be fo provided and appointed to mark or ftamp fuch goods, fhall any goods not therewith mark or stamp any cambricks or lawns, or goods of fabricated in the kind ufually known by or under thofe denominations, which Great Britain, shall not have been made, wove, or fabricated in Great Britain, or fhall knowingly permit it to be done; or thall mark or stamp or after their any piece of fuch goods, after the fame fhall be taken out of the being taken loom ; every fuch fupervisor, or other officer or officers, fo mark- out of the ing or ftamping any fuch cambricks or lawns, or goods of the forfeits 50 1. kind ufually known under either of thofe denominations, or per piece, wilfully or knowingly permitting the fame to be done contrary to the true intent and meaning of this act, fhall forfeit the fum of fifty pounds for every piece of fuch goods which he or they shall fo mark or ftamp, or permit or fuffer to be marked or stamped,

loom,

contrary to the true intent and meaning of this act; and fuch fu- and is incapapervisor, or other officer or officers, upon being convicted of citated; either or any of the offences aforefaid, fhall lofe his or their office or offices and employments, and is and are hereby declared and rendered ever after incapable of having, ufing, or enjoying, any office or place of truft under his Majefty, his heirs, and fucceffors.

XV. And be it further enacted by the authority aforefaid, That and the per

fons concern.

if any perfon or perfons fhall, by bribery, fraud, covin, deceit, or ed in procurimpofition, or in any other manner whatsoever, prevail on, or ing fuch fraud procure any officer or officers of the excife, or other perfon who to be commitfhall be appointed to mark or stamp any cambricks, or who fhall ed; have the cuftody of any mark or ftamp, to mark or ftamp any piece or pieces of cambrick or lawn, or of goods of the kind ufually known under either of thofe denominations, which shall

1 not have been actually and bona fide made, wove, or fabricated,

bribery, or

in Great Britain; or after the same shall have been cut or taken out of the loom, contrary to the true intent and meaning of their aiders this act; all and every fuch offender and offenders, and his and abettors, and their aiders, abettors, and affiftants, being thereof lawforfeit 100l. and to ftand in fully convicted, fhall for every fuch offence, forfeit and lofe the the pillory; fum of one hundred pounds, and be adjudged to ftand in the and perfons pillory two hours: and if any person or perfons fhall give, pay, attempting by or fecure, or offer to give, pay, or fecure, to any fuch officer or officers, or other perfon as aforefaid, any bribe, recomotherwise, to pence, or reward, of any kind whatfoever, in order to corrupt, perfuade, or prevail on, fuch officer or officers, or other perfon, to set or affix fuch mark or ftamp as aforesaid to any piece or pieces of cambrick, directed by this act to be marked or ftamped, which shall not have been actually and bona fide made, wove, and fabricated, in Great Britain, or after the same shall have been taken out of the loom; such person or persons so offending fhall, for every fuch offence, forfeit and lofe the fum of fifty pounds.

corrupt officers, to affix the ftamps falfly to any piece,

forfeit sol.

Officer to tranfinit to

fioners of excife an ac

count yearly of the N° of pieces ftampt by him;

the manufacturers ;

XVI. And be it further enacted by the authority aforefaid, That all and every supervisor, or other officer or officers of exthe commif- cife, who fhall in manner aforefaid be appointed to mark or stamp any cambricks in pursuance of this act, fhall yearly and every year (while fuch officers fhall have the cuftody of any fuch ftamp provided and appointed for that purpose in manner aforefaid) in the month of June, tranfinit and fend to the commiffioners of excife in London or Edinburgh refpectively, a full, true, and juft, account, in writing, of all and every piece and pieces of fuch goods which he or they fhall mark or stamp in pursuance and a copy of of this act; and alfo a true copy of all and every entry or enhis entries; tries, of any kind whatsoever, which he or they thall make in any fuch book or books provided for that purpose, in any wife relating thereto, for and during the twelve calendar months next distinguishing preceding the faid month of June; diftinguishing in fuch accounts the feveral manufacturers or proprietors, if there shall be more than one such in fuch officers district, who shall have made on penalty of or be owners of fuch goods; upon pain of being difmiffed difmiflion. from his or their employ as an officer or officers of the excife: The stamps to and all and every fuch officer or officers having the cuftody of any fuch mark or stamp as aforefaid, his or their executors or adminiftrators, or fuch other person or perfons in whole cuftody or power the fame fhall fall or come by the death of fuch officer or officers, or in any other manner, fhall, upon demand or order from or by the commiffioners of excife, or the major part of them, deliver up to fuch commiffioners, or fuch person or perfons as they shall appoint to receive the fame, all and every fuch mark or stamp which shall have been delivered to fuch officer or officers, or by any other means come or fallen into the hands, cuftody, or power, of fuch officer or officers, or other perfons whatsoever; upon pain that any fuch officer or officers, or other perfons, refufing or neglecting fo to do, upon any such order or demand as aforefaid, fhall forfeit and lofe the fum of two

be delivered

up on de

mand, or order of the commiffion

ers,

on forfeiture

of 2001.

hundred

hundred pounds; to be recovered and applied in manner herein after mentioned.

forfeiture

XVII. And be it further enacted by the authority aforefaid, Goods found That if any cambrick, or goods of the kind ufually known by not legally or under that denomination, made, wove, or fabricated, in Great stamped, ith Britain, after the said twenty ninth day of September, one thoufand seven hundred and fixty seven, fhall be found in any place whatsoever in Great Britain, without being marked or ftamped at each end of every whole and entire peace, and at one end of in every remnant of fuch cambrick, or goods of the kind ufually known by or under that denomination, all fuch goods fhall are liable to be forfeited, and shall and may be feized by any officer of the and may be : excife or customs; and fuch officer or officers is and are hereby feized, indemnified for seizing fuch goods; and fuch goods fo feised thall and depofited be deposited in the King's warehouse at the custom house at Lon- in the King's don, or in the excise office next to the place where the fame fhall warehouses; be feised; and after condemnation thereof, by due course of law, and after confhall be publickly fold to the best bidder; and that one moiety demnation, of the produce arifing from the fale thereof, after deducting the publickly fold. charges and expences attending the condemnation and fale of Money arifing fuch goods, fhall be to the ufe of his Majefty, his heirs, and by the fale, after deductfucceffors, and the other moiety to fuch officer or officers who ing all chargfhall feize or fue for the fame; and all and every perfon or es, perfons who shall fell or expofe to fale, or have in his or their to be divided cuftody for that purpose, any cambrick, or goods of the kind between the ufually called or known by or under that denomination, made crown and and fabricated in Great Britain, and not marked or ftamped at Perfons exboth ends of every entire piece, or at one end of every remnant pofing to fale of fuch goods, in manner by this act directed, fhall, for every unftampt fuch offence, forfeit the fum of two hundred pounds; to be re- goods, forcovered and applied in manner herein after directed. feit 2001.

the officer.

counterfeit

XVIII. And be it further enacted by the authority aforefaid, Penalty of That if any person or persons fhall, at any time or times here- forging or after, forge or counterfeit any mark or ftamp, to resemble any counterfeiting mark or ftamp which fhall be provided or ufed in pursuance of any stamp ; this act; or shall forge, resemble, or counterfeit, the impreffion or importing of any fuch mark or stamp, upon any goods required by this act or expofing to to be marked or ftamped; or fhall import or bring into Great fale, any Britain any foreign cambricks or lawns, or goods of the kind goods with a ufually called or known by or under either of those denomi- stamp therenations, having any fuch counterfeit mark, ftamp, or impref- on, fion thereon; or fell or expose to sale any cambricks or lawns, or goods of the kind usually known by or under either of thofe denominations, with fuch counterfeit mark, stamp, or impreffion thereon, knowing fuch mark or ftamp to be counterfeited; every fuch perfon fo offending, being thereof law is felony. fully convicted, fhall be judged guilty of felony, and shall suffer as in cafes of felony without benefit of clergy.

XIX. Provided always, and be it enacted by the authority The commif aforefaid, That it fhall and may be lawful to and for the com- fioners may miffioners of excife in England, for the time being, or the major order all fuch goods made,

6

part

or begun to

taken out of the loom;

and the fame may be lawfully fold.

Officer to

part of them, at any time within two months next after the combe made in mencement of this act, to order and direct all such cambrick, or Great Britain or Ireland, be. goods of the kind ufually known by or under that denomination fore the com- which fhall have been made, or begun to be made, wove, and mencement of fabricated in Great Britain or Ireland, at any time before the comthe act, to be mencement of this act, to be marked or stamped at both ends Stamped, tho' of every piece thereof, with fuch mark or ftamp which fhall be provided and appointed as aforefaid, notwithstanding the same fhall have been taken out of the loom (proof being made to the fatisfaction of the faid commiffioners, that all fuch goods were really and bona fide made, or begun to be made, wove, and fabricated in Great Britain or Ireland, before the commencement of this act) which goods fo marked or stamped, and numbered, in purfuance of fuch directions, fhall and may be fold, difpofed of, and used, in like manner as if the fame had been made or wrought after the commencement of this act, and all the directions thereof fully complied with; any thing in this act contained to the contrary thereof in any wife notwithstanding: and make due en- the fupervifor, or other officer or officers of the excife, who try of all such shall be directed to mark or stamp, and number such goods, shall pieces, make the like entry of the number of yards in length of each piece of fuch goods, and the number fet thereon, in like manner, and under the like penalties, as herein before directed, with refpect to cambricks made after the commencement of this act. Perfons pofXX. Provided always, and be it further enacted and declared, feffed of cam- That if any perfon or perfons fhall before the said first day of bricks or clear July, one thoufand feven hundred and fixty feven, be poffeffed of lawns, before 1 July, 1767, any cambricks or clear lawns, or goods usually known by either of those denominations, which have not been stamped in the manner required by law; fuch person and persons shall and may depofit may on or before the first day of Auguft, one thousand seven the fame, be- hundred and fixty feven, depofit fuch cambricks or clear fore1 Auguft lawns in any warehouse or warehouses to be appointed for that purpose by the commiffioners of the customs in England, in warehouses for exportation to his Majefty's colonies or plantations ia for exporta in America only, upon payment of the half fubfidy which is upon payment to remain by law after fuch goods are exported, without any

not duly

stampt,

next,

tion;

of the half fubfidy.

Goods, penalties, and forfeitures, in

general, where not otherwife directed,

where to be fued and re

covered.

oath or other proof being required of the place where fuch goods were manufactured; and no profecution fhall be commenced against any perfon or perfons for having in their custody or poffeffion any fuch unftamped goods, between the faid first day of July, and the first day of August, one thousand seven hundred and fixty seven; any thing in this or any other act of parliament to the contrary notwithstanding.

XXI. And be it further enacted by the authority aforefaid, That all fuch goods which shall be seized and condemned in pursuance of this act, and all penalties and forfeitures whatsoever by this act inflicted (unless otherwife directed to be condemned and recovered by this act) fhall and may be fued for, profecuted, and recovered, in any of his Majefty's courts of record at Westminster, or in the court of exchequer in Scotland,

by

by action of debt, bill, plaint, or information, in the name of his Majefty's attorney general, or in the name or names of such fupervifor, or other officer or officers of the excife or customs

as aforefaid; and that one moiety of the clear produce arifing Produce from from the fale of all fuch goods, and of all the penalties and forfei- the fale, after tures inflicted by this act, after all charges deducted, fhall be to all charges, to his Majefty, his heirs, and fucceffors, and the other moiety be divided bethereof to the officer or officers who fhall feize, inform, or pro- crown and fecute for the fame.

tween the

profecutor.

XXII. And be it further enacted by the authority aforefaid, Capias to ifThat upon every action, bill, plaint, or information, entered or fue upon enfiled as aforefaid, for any penalty impofed by this act, a Capias tering an acin the first process fhall and may iffue, fpecifying the sum of the tion, &c. penalty fued for; and the defendant or defendants fhall be ob- Defendant to liged to give fufficient bail or fecurity by natural born fubjects, give fufficient bail thereto, perfons naturalized or denizens, to the perfon or persons to whom fuch Capias fhall be directed, to appear in the court out of which fuch Capias fhall iffue, at the day of the return of fuch writ, to answer such fuit or prosecution; and fhall likewise, at the time of fuch appearance, give fufficient bail or fecurity by fuch perfons as aforefaid, in the faid court, to answer and pay all the forfeitures and penalties incurred for fuch offence or offences, in cafe, he, the, or they, fhall be convicted thereof, or to yield his, her, or their body or bodies to prison.

XXIII. And be it further enacted by the authority aforesaid, That if any action or fuit fhall be commenced against any perfon or perfons, for any thing done in pursuance of this act, the defendant or defendants in fuch action or fuit, fhall and may plead the general iffue, and give this act and the fpecial matter, in General iffue. evidence, at any trial to be had thereupon, and that the fame was done by the authority of this act; and if it fhall appear to have been fo done, then the jury fhall find for the defendant or defendants: and if the plaintiff or plaintiffs shall become nonfuited, or discontinue, his, her, or their action or fuit, after the defendant or defendants fhall have appeared; or if, upon verdict or demurrer, judgement fhall be given against the plaintiff or plaintiffs, the defendant or defendants fhall recover treble cofts, and Treble costs. have fuch remedy for the fame as any defendant or defendants hath or have in other cafes by law.

XXIV. And be it further enacted by the authority afore- In case of faid, That if any cambricks or lawns, or goods of the kind doubt or question, usually known by or under either of those denominations, shall where the be seized by virtue or in pursuance of this or any other act now goods were in force; or if any action fhall be brought by the owner or claimer manufactured, of fuch goods against any officer of the customs or excife, or any other perfon, for any thing done in pursuance of this or any other act now in force, and any doubt or question shall arife where fuch goods were manufactured; the proof thereof shall

lie upon the owner or claimer of fuch goods, and not on the the proof to perfon who feized the fame, or against whom fuch action fhall be lie on the brought; any law, ufage, or custom, to the contrary notwith- claimer, tanding.

САР,

owner or