ACT Anent the Loyal Curing and Packing of Herring and Salmond-fish.  
At Edinburgh the Eleventh of May, 1693.  
OUR SOVEREIGN LORD and LADY, the King and Queen's Majesties, considering, how much the true and Loyal Curing and Packing of Herring and Salmond-fish, to be Exported forth of this Kingdom, contribute to the advancement of Trade, and general Good of the Nation; DO THEREFORE, with Advice and Consent of the Estates of Parliament, Statute, Ordain and Enact, that all Casks to be made hereafter, for Exporting Herr●ing, or Salmond-fish, be made of well seasoned Knappel, or O●k-timber, free from all white Wood, or Wormholes, the Heads of the Cask dowled, the Step or Stave of a third part of an Inch, at least in thickness, and that none of the Staves be Rift or Cl●ft: And that ilk Barrel for Exporting of Herring, contain eight Gallons and two Pints: And ilk Barrel for Exporting Salmond, ten Gallons, and be full Hooped, at least on the one end, and have eight Hoops on the other end. And SICKLIKE, that there be keeped in each Royal-Burgh, where Casks for Export are made, a Burning-seal, for marking of such Casks; and that the Magistrates, or Dean of Gilled of the respective burgh's, appoint an honest Cowper, for whom they will be answerable, for Visiting and Trying all Barrels made for Export, and that the Maker of the Cask, put his own mark upon them, before he Sell them, and call a Cowper appointed by a Royal-Burgh to try them, and if they be found sufficient, that he put the public Seal of the Burgh upon them, for which the said Cowper is to have four shilling Scots, for ilk Last from the Maker: and that ilk Barrel, which after such trial, shall be found unsufficient, be confiscated and disposed upon, for the use of the Poor, within the Paroch where they are made, excepting such parts thereof, as the respective Magistrates shall think fit, to give to the Cowper-visitor within the Burgh, for his encouragement: and if the said's Casks shall be found unsufficient, after the public mark of the Burgh is so affixed thereon, the Cowper who Visited the 'samine, is to pay therefore six pound Scots for ilk Last, and proportionally for ilk Barrel: and whatever Cask shall be put aboard, before they be visited and marked, as said is, the same are to be seized and confiscated as unsufficient, and applied for the uses . AND SICKLIKE, that all Herring and Salmond for Export, be made Pined and Cured with French Bay, or Spanish Salt, or with Salt upon Salt, made of Foreign Salt: and that all Herrings for Export (excepting such Herrings, as are Exported to the Sound, before the tenth day of September yearly) be Repacked, well filled and washed. AND IN LIKE MANNER, that the Magistrates in ilk Royal-burgh, appoint an honest Man of Judgement, and skill in Curing and Packing of Herring, for whom they shall be answerable to Visit all Herrings, Exported out of their Precinct, who is to have a public Burning-mark, and to affix the same upon all Casks, which are found sufficiently Cured and Packed, and if any shall be found unsufficiently Cured or Packed, after Visiting and Trying thereof, they are to be seized and confiscated for the Uses foresaids: And the first Buyer, is in that case to have recourse against the Curer, and Maker of the said's Herrings, but if the unsufficiency thereof, be discovered at the Port of Discharge, and be made appear, either by legal Probation from that place, taken before the Dean of Gilled, or Merchant Judge, or by the Attestation, upon Oath of the Master of the Ship, who Exported the 'samine, and two Merchants of good Fame, declaring the said unsufficiency, and that the 'samine happened thorough the not right Curing, Making or Packing of the Herrings at first; then the Merchant-exporter, is to have recourse for the whole Damage, sustained by the unsufficiency thereof, against the first Maker, or Curer of the said's Herrings. AND FOR RENDERING the said Recourse effectual, all Curers and Makers of Herrings, shall put their own Mark upon their Cask by a Burning-iron, and whatever Herrings are exported without the Maker's mark upon the Cask, the Merchant shall have no Recourse for Damages, throw the unsufficiency thereof: and in case any Cask with Herring be shipped for Export, without the said mark, the respective Visitors who shall make discovery thereof, are hereby Authorized and Impowered to seize and confiscate the 'samine for the Uses foresaids. LIKEAS, Their Majesties with Consent foresaid, ORDAIN and APPOINT, the said, Visitors for the several burgh's, to be admitted to that Trust, upon their taking an Oath de fideli administratione, and finding sufficient Caution for that Effect: and that for their pains therein, they shall have six shilling Scots from the Merchant, or Owner, for ilk Last, to be marked by them in manner foresaid. AND FARTHER, it is appointed for preventing all Debate, that may arise betwixt the Visitors, Merchants, and Curers of Herring, through the Visitors, their resusing or delaying to mark Herrings and Salmond, that are sufficiently Cured, upon pretext, that they are not sufficiently Cured, in that case upon any such Difference in Burghs-royal, the Magistrates are to call five honest Men, well skilled in Curing of Herring and Salmond, to decide any such Difference; and in burgh's of Regality, and Barony, or Landwart, the Bailie of Regality, or his Deputs, and the Baron or his Bailie respectively, is to choice the like number of honest Men for that end, and these five honest Men, are first to be sworn upon Oath, before they proceed to Cognosce or Decide in any such matter: and the Visitor shall be obliged to affix their Marks, if these honest Men shall declare them loyally Cured, and that under the penalty of ten pounds Scots toties quoties, and that there be an Act of Court, in presence of the respective Magistrates made thereupon; BUT IN REGARD of the great distance of some places, on the Western and Northern Coasts, and Isles, where Herring are in use to be Cured and Packed, from any Burghs-royal, wherethorow the Visitors cannot mark the said Herring as well, and loyally Cured and Packed. THEREFORE IT IS STATUTE AND ORDAINED, that the Exporter of such Herring, who shall Buy the 'samine from these who Cured them, shall be Liable for the unsufficiency of the Cask, and the bad and disloyal Curing of the Herring, conform to this present Act, in the Sum of forty pound Scots money of Penalty, for ilk Last of the said exported Herring, which shall be found unduly Cured, as said is, and that by legal Probation, or by Attestation and Declaration in manner , to be applied to the behoof of the Discoverer allenarly: and for the better advancing of the Trade, of exporting Salmond-fish, Their Majesties and Estates foresaids, DO AUTHORISE AND EMPOWER, the Magistrates or Dean of Gilled of ilk Royal-burrow, to put this Act, and other Acts of Parliament made there-anent, to all due Execution; DECLARING NEVERTHELESS, likeas, it is hereby expressly provided and declared, that neither this present Act, nor any thing therein contained, shall prejudge the particular Rights of any Burghs-royal, within this Kingdom, but that the 'samine be reserved to them, as accords of the Law: And siklike declaring, that this Act is, and shall be but prejudice to the Powers, and Privileges, Rights, and Jurisdiction of the Court of Admiralty.  
Extracted forth of the Records of Parliament, by  
TARBAT. Cls. Registri. 
 God save King William and Queen Mary.   

Edinburgh, Printed by the Heir of Andrew Anderson, Printer to Their Most Excellent Majesties, Anno 1693.