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Penalty for making or having brands for marking other coopers names, &c.
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22. And . . . 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 for packing up butter any name purporting to be the name of any master cooper who made, or for whom such cask or casks were made, other than the name of such master cooper, every such person being thereof convicted before the mayor of any such city, chief magistrate of such town corporate, or a justice of peace for the county in which such place of export or market town as aforesaid shall lie, as the case may be, by the oath of one or more credible witness or witnesses, or affirmation if a Quaker (which oath or affirmation such mayor, chief magistrate, or justice aforesaid, as the case may be, is hereby empowered to administer), shall forfeit for every such offence the sum of five pounds sterling, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of such mayor, chief magistrate, or justice as aforesaid, as the case may be, (which warrant the said mayor, chief magistrate, or justice aforesaid, as the case may be, is hereby required to issue); and in case such offender or offenders shall not have goods and chattels sufficient to answer and satisfy such penalty, then such offender or offenders shall be committed to the gaol of such city, town corporate, or county at large, as the case may be, by warrant under the hand and seal of such mayor, chief magistrate, or justice aforesaid, as the case may be, (which warrant every such mayor, chief magistrate, or justice, as the case may be, is hereby empowered and required to issue) there to remain without any bail or mainprize for a space of time not exceeding six months, nor less than one month, at the discretion of such mayor, chief magistrate, or justice as aforesaid, as the case may be; and if any person shall brand or mark any cask or casks for packing up butter with any brand or mark purporting to be the name of any master cooper who made such cask or casks, or for whom such cask or casks were made, other than the name of such master cooper, such person or persons being thereof convicted in manner aforesaid 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 such mayor, chief magistrate, or justice aforesaid, as the case may be, (which warrant every such mayor, chief magistrate, or justice aforesaid, as the case may be, is hereby empowered and required to issue); and in case such offender or offenders shall not have goods and chattels sufficient to answer and satisfy such penalty, then the said offender or offenders shall be committed by warrant as aforesaid to the gaol of such city, town corporate, or county at large, as the case may be, 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 such mayor, chief magistrate, or justice of the peace aforesaid, as the case may happen to be.
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