CHRONOLOGICAL HISTORY OF THE HERRING-FISHERY. 179 



mitted to that trust, upon their takiug an oath de fidele 

 administratione, and finding sufficient caution for that 

 effect ; and that for their pains therein they shall have 

 six shillings Scots from the merchant or owner for ilk 

 last to be marked by them in manner aforesaid. And fur- 

 ther, it is appointed, for preventing all debate that may 

 arise betwixt the visitor, merchants, and curers of her- 

 rings and salmon 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 salmon, to decide any such differ- 

 ence ; and in burghs of royalty and barony, or landward, 

 the bailie of regality, or his deputies, and the baron, or 

 his bailie respectively, is to chuse 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 cog- 

 nosce or decide in any such matter, and the visitors 

 shall be obliged to affix their marks if these honest men 

 shall declare them legally 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 magis- 

 trates, made thereupon. But in regard of the great 

 distance of some places on the northern and ivesfe7'n 

 coasts and isles, where herrings are in use to be cured 

 and packed, from any burghs royal, wherethrough the 

 visitors cannot mark the said herrings as well and 

 loyally cured and packed, therefore it is statute and 

 ordained, that the exporter of such herrings, who shall 

 buy the same from those who cured them, shall be 

 liable for the insufficiency of the cask, and the bad and 

 disloyal curing of the herrings, conform to this present 

 Act, in the sum of forty pounds Scots money of penalty 



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