Page:Ruffhead - The Statutes at Large - vol 5.djvu/547

 A.D. 1723." Anno decimo, Geo rgii Regis. C. rg. 501 fter of the Fair and Market, or their Deputies, that either of the faid Judges fhall be fo?e Judges of fuch Offence committed in fuch Places, Villages, Fairs and Markets, where the faid Serges {hall'Dc vended or expofed to Sale as aforefaid, to and for all and every the Intents and Purpofes hereby fpecified and con- tained touching the fame. IX. And be it further enacted by the Authority aforefaid, That all Weavers, and other Workers and Weavers not Makers of fuch Serges as aforefaid, for Sale, who fhall neglect to work or make the faid Serges according workini- »««* to the Regulations aforefaid, or fhall neglect or rcfufe to bring the fame to the Stamp-Office to be feajed, *»B <• 'hefe Re- as is hereby directed, and fhall be thereof convicted by the Oaths of two or more credible Witncffes, bri"?""^ '"* or by the Oath of the Perfon profecuted, as the Judge or Judges' fliall fee caufe, and fo fhall be- con- Seiguwthe victed of any of the Offences aforefaid, or refufe or neglet to pay any Penalties and Forfeitures by Sump-Office, him incurred, by Reafon or Means of this prefent Act ; then it fhall and may be lawful to and for the or no ; a > | k' 1 ' c Judge or Judges refpectively, before whom fuch Conviction fliall be made (and fuch Judge or Judges 1 ' cn - llt :M nc ' lr '= are hereby required) to iffue out one or more Warrant or Warrants, under his or their Hands and Seals, SXcfi "ri'm- 7 to the refpective Officer or Officers, or to the Conftable of the Town or Place where fuch Offender pfifonment for" doth inhabit, or can be found, within the Limits of their refpective Jurifditions, to levy the fame by thin: Months. Diftrefs and Sale of the Offender's Goods, returning the Overplus (if any be) to the Offender, and in cafe no fuch Diftrefs can be found, it fhall and may be lawful to and for fuch Judge or Judges to commit the Offender to the Houfe of Correction, or Gaol of the (bounty or Corporation, there to detain and keep fuch Offender or Offenders for and during fuch Time, as the Judge or Judges (before whom fuch Conviction fhall be made) fhall direct and appoint, not exceeding the Space of three Months for any one Offence. X. And be it further enacted by the Authority aforefaid, That if any Merchant, or other Perfon Merchants alter- whatfoever, in any County or Royal Borough within that Part of Great Britain called Scotland, (hall in E th = Nnmb = r before or at the Time of tranfporting any Serges, Pladding or Fingrums, whether to foreign Ports or °^ll™pl^ Coaftwife, cancel or alter the Number of Ells marked upon each Piece, according to the fettled Ufe forfeit ri.^oi and Practice concerning the fame; every fuch Offender, for each Piece of Serge, Pladding or Fingrum, each Piece, whereof the Mark fliall be fo cancelled or altered, fhall forfeit the Sum of five Pounds Sterling, one Moiety to the Informer, the other Moiety to his Majefly, his Heirs or Succeffors, to be recovered in the fame Manner, as the other Penalties inflicted by this Act, or by the faid recited Act of the ftxth Year of his Majefty's Reign, are to be recovered, or fhall fuffer three Months imprifonment for every fuch Offence, if infolvent. XI. Provided always that nothing in this Act contained fhall be conflrued to make any Alteration in Fingrums made the Lengths or Breadths of the Serges, commonly called Fingrum and Fingrum-wheeling Serges, ma- J? A !? e ^ een ' nufactured in the Shires of Aberdeen, Bamf or Murray, but that the fame fliall remain as they are '"^ c- ex " fettled by former Laws and Acts of Parliament ; any thing in this prefent Act contained to the contrary notwithstanding. XII. Provided always, and be it enacted, That the Penalties and Forfeitures incurred or inflited Profecution to be for any Offence againft this Act, fhall be fued for and profecuted within fixty Days after the Offences w A thl Qi? ^ ays fliall be committed or difcovered, and not afterwards ; any thing herein contained to the contrary not- committed"." withftanding. CAP. XIX. An Aft for explaining the Law concerning the Trial and Admiflion of the Ordinary Lords of Seffion. ' I. IT 7 H E R E A S the Nomination and Appointment of the Lords of the Court of Seffion in Scotland, f VV is an inherent Prerogative of the Crown, and his Majefly is moll defirous that none fliould be •"Lords of Seffion, but Perfons of known Probity and Underflanding in the Laws, and fuch as are duly qua- Ends, and for the more plain and eafy Execution of the Laws in this Behalf already made, Be it enacted by the King's mofl Excellent Majefly, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame. That When an Orrfi- when any ordinary Place fliall be vacant in the faid Court of Seffion, the King's Majefly, his Heirs and nary Place fell Succeffors, fliall nominate and appoint thereto a Perfon qualified according to an Act made in Scotland in c ™"o7s"iTwn the fixth Parliament of King James the Sixth, intituled, Anent the Admijfion of the Ordinary Lords of the ti^King is to"* Seffion, and Reformation of certain Abttfes therein; and according to another Act made in Scotland in the nominate a Per- twelfth Parliament of King James the Sixth, intituled, Anent the Jurifdiclion, Prefentation, Qualities fon qualified. and Age of the Lords of Seffion ; and according to the Articles of Union of the two Kingdoms of England and Scotland; and the Qualifications of fuch Perfon fo nominated and appointed, may be examined, and The Qualifies - fliall be tried by the Ordinary Lords of the Court of Seffion only; and if the Perfon fo nominated fliall on tions to bec*- fuch Examination be found duly qualified, according to the Act and Articles aforefaid, then they fliall * m ' ne ? bj, th * forthwith admit and receive him to fuch Ordinary Place ; but if on fuch Examination the faid Ordinary on '] ' nary ' Lords of Seffion fliall be of Opinion, that there is juft Ground to object to the Qualifications of the Per- ' ob ._ ft (o fon nominated as aforefaid, in every fuch Cafe the faid Lords of Seffion are hereby required, with all the X^^ convenient Speed, to tranfmit and certify the whole Matter to his Majefly, his Heirs and Succeffors, in t ions, they are order that the Royal Pleafure may be finally had thereupon ; and if his Majefly his Heirs and Succeffors to tranfmit the Matter to the KiDg, If the King fignify that the Perfon fhall be received, the Lords fhall admit him, fliall
 * lifted according to the feveral Statutes for that Purpofe made ;' Therefore, for the attaining of theie good