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What description of Herrings, &c. though produced for Bounty, shall not be entitled thereto.
Penalty.
Disputes as to Herrings, &c. being entitled to Bounty to be settled by two Arbitrators, to be nominated by Justice of Peace as herein mentioned.
Certificate of Arbitrators.
Umpire.
Certificate of Umpire.
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XXII. And be it further enacted, That if any Herrings, Pilchards and Mackerel, not caught or taken in the Irish Fishery, or any Herrings, Pilchards and Mackerel, in respect whereof any Bounty per Barrel granted by any former Act shall have been paid or allowed, or any broken Herrings, Pilchards or Mackerel, or any Herrings, Pilchards or Mackerel, mixed or packed with any such Herrings, Pilchards and Mackerel as aforesaid, or any Herrings, Pilchards or Mackerel (other than Herrings, Pilchards or Mackerel repacked with Great Salt) of which the Barrel shall not contain of net Fish, exclusive of the Weight of Salt and Brine, Two hundred and twenty four Pounds Weight; or any Herrings repacked with Great Salt, of which the Barrel shall not contain of net Fish, exclusive of the Weight of Salt and Brine, Two hundred and twelve Pounds Weight, or any Herrings, Pilchards or Mackerel, packed in any Barrel which shall be of less Content or Capacity than Thirty two Gallons English Wine Measure, shall be produced to any Officer of the Fishery to be branded in his presence, and certified by him for the purpose of obtaining the Bounties for the same, or which having been so produced and branded, shall be again produced to any such Officer for the same Purpose, or having been so produced and branded, the Mark or Marks, Character or Characters set thereon, as directed under the Provisions of this Act, shall not appear thereon distinct and legible, all such Herrings, Pilchards and Mackerel, with the Barrel or Barrels containing the same, shall be forfeited, and shall and may be seized by any Officer of the Fishery or Customs; and if any Herrings, Pilchards or Mackerel, not being hereby forfeited, shall be produced to any Officer of the said Fishery for the purpose aforesaid, and such Officer shall deem such Herrings, Pilchards or Mackerel to be of bad or indifferent Quality, or not properly cured or packed, or the Barrel or Barrels in which the same shall be packed not to be of sufficient Strength, and that for such Cause he shall think the Curer thereof is not entitled to the Bounties per Barrel under this Act, such Officer shall without Delay apply by Petition, stating the Matter in dispute to any Justice of the Peace residing at or near the Place where such Herrings, Pilchards or Mackerel shall be produced, giving Notice thereof to the Curer that he may attend the Hearing, if he shall think fit; and such Justice of the Peace shall forthwith nominate and appoint Two skilful Persons, who shall have no Interest in the Matter in dispute, one to be nominated by the Officer, and the other by the opposite Party; and if either Party shall fail to make such Nomination before or at the time when he shall be required by Authority of the said Justice (not being longer than Twenty four Hours from the time of being required to make such Appointment) so to do, then the said Justice shall nominate One skilful Person, not interested in the Matter in dispute, in his Place, and the Two Persons so appointed, upon Examination of the Matters in dispute, shall certify on their Oaths, to be taken before the said Justice, their Opinion on the Matters aforesaid, and if they shall agree in their Opinion, the Matter in dispute shall be determined accordingly; but if the said Arbitrators so to be appointed shall differ in Opinion thereon, the said Justice shall require them to name One other skilful Person, not interested in the Matters in dispute, which Person so nominated shall examine the Matters in dispute, and upon such Examination shall certify upon Oath, to be made before the said Justice, his Opinion thereon, and the said Matter shall then be finally determined accordingly.
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