Page images
PDF
EPUB

shall be proceeded against as directed by recited acts;

the same to have been purloined or embezzled; then and is every such case the person or persons so buying, receiving, accepting, or taking any such Silk, shall and may be proceeded against as directed by the said recited Acts of the Twentysecond of George the Second, and the Seventeenth of His present Majesty, or may be prosecuted for a Misdemeanor, and shall be punished by Fine, Imprisonment, or Whipping, as the Court of General or Quarter Sessions, who are hereby empowered to try such Offenders, or as any other Court before which he, she, or they shall be tried, shall think fit to inflict, although no Proof upon such Trial shall be given to whom such Silk doth belong; any Law or Statute to the contrary notwithstanding. s. 4.

From and after the said 24 June 1792, if any person or persons shall sell, pawn, pledge, exchange, or otherwise unlawfully dispose of any Silk, whether wrought or unwrought, mixed or unmixed, knowing the same to have been so purloined or embezzled, every such person or persons lawfully convicted as aforesaid shall be liable to the same Punishment as persons convicted of receiving purloined or embezzled Silk, knowing the same to have been purloined or embezzled, would be liable to by virtue of this Act. s. 5.

as also persons selling, &c. purloined silk,

IV. The Offences of Exporting certain Tools, Models, and Uten

sils made use of in the Manufactures of this Kingdom, of Seducing Artificers to quit this Kingdom, and of Artificers going into any foreign Country to exercise their

Trades. The Statute 5 G. 1. c. 27. s. 1. enacts, that if at any time hereafter any person shall contract with, entice, endeavour to persuade, or solicit any Manufacturer or Artificer of or in Wool, Iron, Steel, Brass, or any other Metal, Clock Maker, Watch Maker, or any other Artificer or Manufacturer of Great Britain, to go out of this Kingdom into any foreign Country out of his Majesty's Dominions, and shall be lawfully convicted thereof upon any Indictment or Information which shall be preferred or brought against him or them in any of his Majesty's Courts at Westminster, or at the Assizes or General Gaol Delivery, or Quarter Sessions of the Peace for the County, Riding, or Division where such Offence shall be committed, the person and persons so convict shall be fined any Sum not exceeding One hundred Pounds for such first Offence, according to the discretion of the Court in which such Conviction shall be, and shall be imprisoned for the Space of Three Months, and until such Fine shall be paid; and if any person or persons, having been once convict as aforesaid, shall offend again, and be so convict a second time of the like Offence, then and in such case, the person so convict a second time shall be fined at the discretion of the Court where such Conviction shall be, and be imprisoned for Twelve Months and until such Fine shall be

paid.

But the above Provisions appear to be virtually repealed by the subsequent Statutes 23 G. 2. c. 27. and 25 G. 3. c. 67. after noticed.

The former of these Statutes, intituled, “ An Act for the $ 2. effectual punishing of persons convicted of seducing Artificers in the Manufactures of Great Britain or Ireland, out of the Dominions of the Crown of Great Britain; and to prevent the Exportation of Utensils made use of in the Woollen and Silk Manufactures from Great Britain or Ireland into foreign Parts; and for the more easy and speedy Determination of Appeals, allowed in certain cases, by an Act made in the last Session of Parliament, relating to persons employed in the several Manufactures therein mentioned,” recites the before-mentioned Enactment of the Statute 5 G. 1. c. 27.; and that whereas notwithstanding the Penalties to which Offenders against the said Act are thereby subjected, divers wicked and evil-disposed persons have of late seduced into foreign Parts several Artificers in the Woollen and other Manufactures; and that it is therefore become necessary to make some further and more effectual provision, to deter such persons from committing the said Offencès, so destructive to the Trade of this Kingdom: Therefore, for preventing the said pernicious Practices for the future, and for explaining, amending, and rendering more effectual the said Act, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that if at any time after the twenty-fourth Persons conday of June one thousand seven hundred and fifty, any person

on victed of seducing or persons shall contract with, entice, persuade, or endeavour manufactures of

Great Britain or to persuade, solicit, or seduce, any Manufacturer, Workman, Ireland, out of or Artificer of or in Wool, Mohair, Cotton, or Silk, or of or in any the dominions of

the crown of Manufactures made up of Wool, Mohair, Cotton, or Silk, or Great Britain, any of the said Materials mixed one with another, or of or in Iron, Steel, Brass, or any other Metal, or any Clock-maker,

artificere in

Watch-maker, or any other Manufacturer, Workman, or Artificer of or in any other of the Manufactures of Great Britain or Ireland, of what nature or kind soever, to go out of this kingdom, or out of the kingdom of Ireland, into any foreign country, not within the dominions of or belonging to the Crown of Great Britain ; and shall be lawfully convicted thereof, upon any Indictment or Information to be preferred or brought against him, her, or them, in his Majesty's Court of King's Bench at Westminster, or by Indictment at the Assizes or General Gaol Delivery for the County, Riding, or Division wherein such Offence shall be committed (if such Offence shall be committed in that part of Great Britain called England), or by Indictment in the Court of Justiciary, or any of the Circuit Courts in Scotland (if such Offence shall be committed in that part of Great Britain called Scotland), or by Indictment or Information in his Majesty's Court of King's Bench in Dublin (if such Offence

shall be committed in Ireland), the person or persons so conshall forfeit victed shall, for every Artificer, Workman, or Manufacturer, £soo, and shall.

so by him, her, or them respectively contracted with, enticed, also be im. prisoned for 12 persuaded, solicited, or seduced, severally forfeit the sum of five months;

hundred pounds of lawful money of Great Britain ; and shall also suffer Imprisonment in the Common Gaol of the County, Riding, Division, Shire, or Stewartry, wherein such Offender or Offenders shall be respectively convicted, for the space of twelve

calendar months, without Bail or Mainprize, and until such and for a second forfeiture shall be paid; and in case of a further conviction, in offence shall forfeit £1000, and 1

manner before prescribed by this Act, for or upon a second or be imprisoned other subsequent Offence of the same kind, the person or perfor two years.

sons so again offending shall, upon every second or other subsequent conviction, severally forfeit for every person so by him, her, or them respectively contracted with, enticed, persuaded, solicited, or seduced, the sum of one thousand pounds of lawful money of Great Britain ; and shall also suffer Imprisonment in the Common Gaol of the County, Riding, Division, Shire, or Stewartry, wherein such Offender or Offenders shall be respectively convicted, for the space of two years, without Bail or Mainprize, and until such forfeiture shall be paid; any thing in the said in part recited Act of the fifth year of his said late Ma

jesty's reign to the contrary notwithstanding. 23 G. 2. c. 27. s. 1. Prosecution to · Provided nevertheless, that no person shall be prosecuted for be commenced, any of the Offences aforesaid, unless such Prosecution shall be within 12 months any after the offence commenced within the space of Twelve Calendar Months next committed,

after such Offence shall be committed, s. 2.

tensils

tures from Great

And whereas the Exportation of the several Tools or Utensils See stat. 25 G.3.

c. 67. post page made use of in preparing, working up, and finishing the Woollen 585. and Silk Manufactures, or any or either of them, will enable foreigners to work up such Manufactures, and thereby greatly diminish the Exportation of the same from this Kingdom : Therefore, for preserving as much as possible to his Majesty's British subjects, the benefits arising from those great and valuable branches of Trade and Commerce, be it further enacted by the authority aforesaid, that from and after the said twenty- Persons exportfourth day of June one thousand seven hundred and fifty, if any ing

any made use of in person or persons in Great Britain or Ireland shall, upon any the woollen and

silk manufacpretence whatsoever, load or put on board, or cause to be sures loaden or put on board of any Ship, Vessel, or Boat, which shall Britain or Ire

land into foreign not be bound directly to some port or place in Great Britain or parts, Ireland, or to some other of the dominions of the Crown of Great Britain, any such Tools or Utensils as are commonly used in, or are proper for the preparing, working up, or finishing of the Woollen or Silk Manufactures, or any or either of them, or any Parts or Parcels of such Tools or Utensils, by whatever name or names such Tools or Utensils shall or may be called or known, the person or persons so offending shall, for every such shall forfeit the Offence, not only forfeit and lose all such Tools and Utensils, tools, and of 200. or Parts or Parcels thereof, which shall be so loaden or put on board as aforesaid, but also the sum of two hundred pounds of lawful money of Great Britain, to be recovered by Action of Debt, Bill, Plaint, or Information, in any of his Majesty's Courts of Record at Westminster, or in the Court of Session in Scotland, or in any of the Four Courts at Dublin respectively, wherein no Essoin, Protection, Privilege, or Wager of Law, shall be allowed, or more than One Imparlance. 23 G. 2. c. 27, s. 3.

From and after the said Twenty-fourth Day of June One Officers of thousand seven hundred and fifty, it shall and may be lawful to customs and

revenue emand for any Officer of his Majesty's Customs in Great Britain, powere and for any Officer of the Revenue in Ireland, to seize and secure all such tools as

shall be found on in some or one of his Majesty's Warehouses, all such Tools or board ships bound Utensils by this Act prohibited to be exported, as such Officer to foreign parts. shall find or discover to be laid or put on board of any Ship, Vessel, or Boat, which shall not be bound directly to some Port or Place in Great Britain or Ireland, or to some other of the Dominions of the Crown of Great Britain ; and that every Officer who shall seize and secure any of the said Tools or Utensils shall be fully and absolutely indemnified for so doing; and all

the same to be Tools or Utensils so seized and secured as aforesaid, shall, after sold after condemnation, and Condemnation thereof in due course of Law, be publicly sold

certo to the best bidder; and one moiety of the produce arising by go to the king and the officer. the sale of such Tools or Utensils shall be to the use of his

Majesty, his Heirs and Successors, and the other moiety to the
Officer who shall seize and secure the same as aforesaid. 23 G. 2.

c. 27. s. 4. Captains of yes. From and after the said Twenty-fourth Day of June One sels permitting such utensils to thousand seven hundred and fifty, if the Captain or Master of

rd, any Ship, Vessel, or Boat, in Great Britain or Ireland, shall

knowingly permit any of the said Tools or Utensils by this Act prohibited to be exported as aforesaid to be put on board his

said Ship, Vessel, or Boat, every such Captain or Master shall to forfeit of ico. for every such Offence forfeit the Sum of One hundred Pounds

of lawful Money of Great Britain; to be sued for and recovered in the same manner as the Penalties by this Act inflicted upon

Persons exporting the said Tools or Utensils are to be sued for Captains of his and recovered ; and if the said Ship, Vessel, or Boat belongs to Majesty's ships to forfeit £ico, his Majesty, his Heirs or Successors, then the Captain or Master and to be cashiered.

thereof shall not only forfeit the Sum of One hundred Pounds of lawful Money of Great Britain, to be sued for and recovered as aforesaid, but shall also forfeit his Employment, and be incapable of any Office or Employment under his Majesty, his

Heirs or Successors. s. 5. Officer of the

If any Customer, Comptroller, Surveyor, Searcher, Waiter, custom-house, signing cockets, or other Officer of the Customs in Great Britain, or any Officer &c. for the ex

of the Revenue in Ireland, shall take, or knowingly or willingly porting of such tools, suffer to be taken, any Entry outward, or shall sign any Cocket,

Warrant, or Sufferance for the shipping or exporting of any of the said Tools or Utensils by this Act prohibited to be exported, or shall knowingly or willingly permit or suffer the same to be done, directly or indirectly, contrary to the true intent and meaning of this Act, every such Customer, Comptroller, Sur

veyor, Searcher, Waiter, or other Officer of the Customs in shall forfeit

Great Britain, or Officer of the Revenue in Ireland, so offending, £100, and his

shall forfeit the Sum of One hundred Pounds of lawful Money of employment.

Great Britain, to be sued for and recovered as aforesaid; and shall also forfeit his Office, and be incapable of any Office or Em

ployment under his Majesty, his Heirs or Successors. s. 6. One moiety of

One moiety of the respective Forfeitures by this Act inflicted the forfeitures to go to the upon Offenders against the same shall, when recovered, go and king, the other be applied to the use of his Majesty, his Heirs and Successors, to the proseçutor

« PreviousContinue »