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Penalty for having brands for marking other coopers’ names or places of residence.
penalty on person marking with such brand.
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XXIII. And be it further enacted by the authority aforesaid, That if any person or persons shall make or have in his, her, or their possession, any brand, mark, or instrument, for the purpose of branding or marking on any cask or casks, any name purporting to be the name of the cooper who made such cask or casks, or to be the name of the place of abode of such cooper, other than the name of the cooper who actually made the same, or the name of the actual place of abode of such cooper, every such person being thereof convicted before the mayor of said city, by the oath or oaths of one or more credible witness or witnesses (which oath or oaths the said mayor is hereby empowered and required to administer) shall forfeit for every such offence the sum of five pounds, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor (which warrant the said mayor is hereby empowered and required to issue); and in case such offender shall not have goods and chattels sufficient to answer such penalty, then such offender shall be committed to the gaol of said city, by warrant under the hand and seal of the said mayor (which warrant the said mayor is hereby empowered and required to issue), there to remain without bail or mainprize for a space of time not exceeding six months, nor less than one month, at the discretion of the said mayor; and if any person shall brand or mark any cask or casks with any brand or mark, purporting to be the name of the cooper who made such cask or casks, or the name of the place of abode of such cooper, other than the name of the cooper who actually made the same, or the name of his actual place of abode, such person or persons being thereof convicted before the mayor of said city, on the oath or oaths of one or more credible witness or witnesses (which oath or oaths the said mayor is hereby empowered and required to administer) shall forfeit for every such cask the sum of ten shillings, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor (which warrant the said mayor is hereby empowered and required to issue); and in case such offenders shall not have goods and chattels sufficient to answer such penalty, then the said offender shall be committed to the gaol of the said city, there to remain without bail or mainprize for a space of time not exceeding two months, nor less than one week, at the discretion of the said mayor.
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