178 CHRONOLOGICAL HISTOEY OF THE HERRING-FISHERY. 



the magistrates in ilk royal burgh appoint an honest 

 man of judgment 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 name upon all 

 casks which are found sufficiently cured and packed ; 

 and if any shall be found insufficiently cured and packed, 

 after visiting and trying thereof, they are to be seized 

 and confiscated for the uses aforesaid, and the first buj^er 

 is in that case to have recourse against the curer and 

 marker of the said herring. But if the insufficiency 

 thereof be discovered at the port of discharge, and be 

 made appear, either by legal probation from that place, 

 taken from the dean of guild or merchant judge, or by the 

 testation upon oath of the master of the ship who ex- 

 ported the same, and two merchants of good fame de- 

 claring the said insufficiencj'', and that the same hap- 

 pened through the not right curing, marking, or packing 

 of the herring at first, then the merchant exporter is to 

 have recourse for the whole damage sustained by the 

 insufficiency thereof against the first marker or curer of 

 the said herrings. And for rendering the said recourse 

 effectual, all owners and markers shall put their own 

 mark upon their casks by a burning iron ; and Avhatever 

 herring are exported without the marker's mark upon the 

 cask, the merchant shall have no recourse for damages 

 through the insufficiency thereof. And in case any cask 

 with herrings be shipped for export without the said 

 mark, the respective visitors who shall make discovery 

 thereof are hereby authorised and empowered to seize 

 and confiscate the same for the uses aforesaid, like as 

 their Majesties, with consent aforesaid, ordain and ap- 

 point the said visitors for the several burghs to be ad- 



