Penalty on persons enticing artificers in the iron or steel manufactures,

&c. to leave this kingdom (except to Ireland):

For first offence, £500. and 12 months imprisonment;

and for the second offence, £1000 and two years imprisonment.

Britain, and shall suffer Imprisonment in the Common Gaol of the County, City, Riding, Division, Shire, Stewartry, or Place, wherein such offender or offenders respectively shall be committed, for the Space of Twelve Months, without Bail or Mainprize, and until such Forfeiture shall be paid. 25 G. 3. c. 67. s. 5. And whereas for the encouraging of such Manufactories in this Kingdom, it is necessary that Provision should be made to prevent Artificers and others employed therein from departing, or from being seduced to depart out of this Kingdom; be it therefore further enacted, that from and after the said 1st August 1785, if any person or persons shall contract with, entice, persuade, or endeavour to seduce or encourage any Artificer or Workman concerned or employed, or who shall have worked at or been employed in the Iron or Steel Manufactures in this Kingdom, or in making or preparing any Tools or Utensils for such Manufactory, to go out of Great Britain to any Parts beyond the Seas (1) (except to Ireland), and shall be convicted thereof upon Indictment or Information in the Court of King's Bench at Westminster, or by Indictment at the Assizes or General Gaol Delivery or Quarter Sessions for the County or Place wherein such Offence shall be committed, or the Offender or Offenders shall live or reside, or by Indictment in the Court of Justiciary, or any of the Circuit Courts in Scotland, as the Case may be; every person so convicted shall, for every Artificer so contracted with, enticed, persuaded, encouraged, or seduced, or attempted so to be, forfeit and pay the Sum of Five hundred Pounds of lawful Money of Great Britain, and shall be committed to the Common Gaol for the County, Place, or Stewartry, wherein the Offender or Offenders shall be convicted, there to remain without Bail or Mainprize for the space of Twelve Calendar Months, and until such Forfeiture shall be paid; and in case of a subsequent Offence of the same kind, the person or persons so again offending shall, upon the like Conviction, forfeit and pay for every person so contracted with, enticed, persuaded, encouraged or seduced, or attempted so to be, the Sum of One thousand Pounds of lawful Money of Great Britain, and shall be committed to the Common Gaol as aforesaid, there to remain, without Bail or Mainprize, for and during the Term of Two Years, and until such Forfeiture shall be paid. s. 6.

(1) See the Statute 39 G. 3. c. 56., (part the first of this Digest, title COAL WORKS, COLLIERIES, AND COLLIERS), punishing the offene of seducing Colliers to quit the Kingdom.

Limitation of

prosecutions,

Provided always, that no person shall be prosecuted for any of the Offences aforesaid, unless such Prosecution shall be com- 12 months. menced within the space of Twelve Calendar Months next after such Offence shall be committed. 25 G. 3. c. 67. s. 7.

The several Penalties and Forfeitures herein-before men- Recovery and tioned, shall and may be sued for and recovered by Action of application of penalties and Debt, Bill, Plaint, or Information, in any of his Majesty's forfeitures. Courts of Record at Westminster, or in the Court of Exchequer, or in the Court of Session in Scotland, in the Name of his Majesty's Attorney General or Lord Advocate, or in the Name of some Officer or Officers of the Customs in Great Britain respectively, wherein no Essoin, Protection, Privilege, Wager of Law, or more than One Imparlance shall be allowed; and that One Moiety of the said Penalties and Forfeitures shall go and be applied to the use of his Majesty, his Heirs and Successors, and the other Moiety to the use of such Officer or Officers of the Customs as thall sue and prosecute for the same respectively, after deducting the Charges of Prosecution from the whole.

s. 8.

actions.

If any Suit or Action shall be commenced against any person Limitation of for what he shall do in pursuance of this Act, such Suit or Action shall be commenced within Three Months next after the Fact committed; and the person so sued may file common Bail

or enter a common Appearance, and plead the General Issue General issue. Not Guilty, and may give this Act and the special Matter in Evidence; and if the Plaintiff or Prosecutor shall become nonsuit or suffer Discontinuance, or if a Verdict pass against him or her, or if upon Demurrer Judgment shall be given against the Treble costs Plaintiff, the Defendant shall recover Treble Costs. s. 9.

The Statute 26 G. 3. c. 89. recites the tenor of the first Section of the preceding Act 25 G. 3. c. 67. and that " the general Prohibition of the Exportation of Tools and Utensils made use of in the Iron and Steel Manufactures of this Kingdom, may be productive of inconvenience;" and then enacts, that from and after the 10th July 1786, it shall and may be lawful to export from Great Britain to the British Islands in the West Indies, or to any other foreign Part or Place whatever, any Tools or Utensils made use of in the Iron or Steel Manufactures of this Kingdom, which might have been legally exported before the passing of the before recited Act (except the several Articles herein-after particularly enumerated, that is to say, Rollers, either plain, grooved, or of any other form or denomination, of cast Iron, wrought Iron, or Steel, for the rolling of Iron or any sort of Metals, and Frames,

Certain tools

used in the iron

and steel manufactures allowed to be exported.

Beds, Pillars, Screws, Pinions, and each and every Implement, Tool, or Utensil thereunto belonging; Rollers, Slitters, Frames, Beds, Pillars and Screws for Slitting Mills; Presses of all sorts in Iron, Steel, or other Metals, which are used with a Screw exceeding one inch and an half in Diameter, or any Parts of these several Articles, or any Model or Models of any of the beforementioned Utensils, Implements, and Machines, or any Part or Parts thereof; and all sorts of Utensils, Engines, or Machines, used in the casting or boring of Cannon, or any sort of Artillery, or any parts thereof, or any Model or Models of Tools, Utensils, Engines or Machines used in casting or boring of Cannon, or any Sort of Artillery, or any parts thereof; Hand-stamps, Doghead Stamps, Pulley Stamps, Hammers and Anvils for Stamps, Presses of all sorts called Cutting-out Presses, Beds and Punches to be used therewith, piercing Presses of all Sorts, Beds and Punches to be used therewith, either in Parts or Pieces or fitted together, scoring or shading Engines, Presses for Horn Buttons, Dies for Horn Buttons, rolled Metal with Silver thereon, parts of Buttons not fitted up into Buttons, or in an unfinished state; Engines for chasing, Stocks for casting Buckles, Buttons and Rings; Die-sinking Tools of all sorts, Engines for making Button Shanks, Laps of all sorts, Tools for pinching of Glass, Engines for covering of Whips, Bars of Metal covered with Gold or Silver, burnishing Stones, commonly called Blood-stones, either in the rough state or finished for use); any thing in the said recited Act to the contrary in anywise notwithstanding.

From and after the 10th July 1786, it shall not be lawful for any person or persons in the Kingdom of Great Britain to export to parts beyond the Seas (except to Ireland) or to have in his or their Possession with the intent so to export, any of the Tools and Utensils hereinafter mentioned; that is to say, Wire Moulds for making Paper; Wheels made of Metal, Stone, or Wood, for cutting, roughing, smoothing, polishing, and engraving Glass; Purcellas, Pinchers, Sheers, and Pipes used in blowing Glass; Potters Wheels and Potters Lathes for plain, round, and for Engine-turning Tools, used by Sadlers, Harness Makers, and Bridle Makers, namely, Cantle Strainers, Side Strainers, Point Strainers, Creasing Irons, Screw Creasers, Wheel Irons, Seat Irons, Pricking Irons, Bolstering Irons, Clams, Head Knives; and that the said recited Act, so far as the same concerns the Exporters or Possessors of the Tools and Utensils therein enumerated or described, shall extend or be construed to extend to all and every the Exporters or Possessors of the

Tools and Utensils herein enumerated or described, as fully to all intents and purposes as if the same were repeated and reenacted in the body of this Act. s. 2.

The Statute 35 G. 3. c. 38. s. 4. recites that the above Statute [26 G. 3. c. 89.] (which had been continued by several Acts of Parliament) had been found useful and beneficial, and fit to be made perpetual; and then enacts, that the said Act [26 G. 3. c. 89.] shall be and the same is hereby made perpetual.

1719, any

country, there

trade, and not returning in six

warning given

By Stat. 44 G. 3. c. 70. Machinery and Tools to be employed in erecting a Mint in Denmark are allowed to be exported. And by 50 G. 3. c. 63. like Machinery and Tools are allowed to be exported to the Brazils for a similar purpose. The Statute 5 G. 1. c. 27. enacts, that if any of his Majesty's $ 4. subjects within this kingdom, being such Artificer or Manufac- After May 1, turer as aforesaid (1), shall, at any time after the First Day of May artincer going in the Year of our Lord one thousand seven hundred and nine- into a foreign teen, go into any Country out of his Majesty's Dominions, there to exercise his to use or exercise, or to teach any of the said Trades or Manufactures to foreigners, or in case any of his Majesty's subjects months after now being, or who hereafter shall be in any such Foreign Country him by the amout of his Majesty's Dominions as aforesaid, and there using or shall be incapable bassador, &c. exercising any of the said Trades or Manufactures herein-before of taking any mentioned, shall not return into this Realm within Six Months legacy, &c. next after warning shall be given to him by the Ambassador, Envoy, Resident, Minister, or Consul of the Crown of Great Britain in the Country in which such Artificer shall be, or by any person authorized by such Ambassador, Envoy, Resident, Minister, or Consul, or by one of his Majesty's Secretaries of State for the time being, and from thenceforth continually inhabit and dwell within this Realm, then and in such case every such person or persons shall be from thenceforth incapable of taking any Legacy that shall be devised to him within this Kingdom, or of being an Executor or Administrator to any person or persons within this Kingdom, and shall be incapable of taking any Lands, Tenements, or Hereditaments within this Kingdom, by Descent, Devise, or Purchase, and also forfeit forfeit all his all his Lands, Tenements, Hereditaments, Goods, and Chat- be deemed an tels within this Kingdom, to his Majesty's use, and shall from alien. thenceforth be and be deemed and taken to be an Alien, and shall be out of His Majesty's protection. s. 3.

lands, &c. and

From and after the said 1st May 1719, upon complaint made Justices of Peace upon oath before any Justice or Justices of the Peace, that any plaint of any

may, on com

offence against

this act, issue

of the offender,

appear at the assizes or ses

sions.

person or persons is or are endeavouring to seduce or draw away their warrant for any such Manufacturer or Artificer as aforesaid out of his Mathe apprehending jesty's Dominions, for any the purposes aforesaid, or that any and bind him to such Manufacturer or Artificer as aforesaid hath contracted, promised, or is preparing to go out of his Majesty's Dominions for any of the purposes aforesaid, then and in such case it shall and may be lawful to and for the Justice or Justices of the Peace unto whom such complaint shall be made, to send forth his Warrant to bring the person and persons so complained of before him or them, or some other of his Majesty's Justices of the Peace for the same County, Riding, Division, or City; and if, when such person or persons shall be so brought before such Justice or Justices, it shall appear to such Justice or Justices, by the Oath or Oaths of one or more credible Witness or Witnesses, or by the Confession of the Party or Parties so brought before him or them, that the Party so complained of was guilty of any of the said Offences, then and in such case it shall and may be lawful to and for such Justice and Justices to bind the person so charged to appear at the next Assizes, General Gaol Delivery, or Quarter Sessions of the Peace for the County, City, Riding, or Division where such Offence shall be committed to answer the Premises, with reasonable sureties for such his appearance; and in case such person or persons shall refuse or neglect to give such security, then and in such case it shall and may be lawful to and for such Justice and Justices to commit the person or persons so refusing to the County Gaol, there to be kept until the next Assizes or next Quarter Sessions of the County, City, Riding, or Division where such Commitment shall be, at the Election of such Justice of the Peace, and until he, she, or they shall be delivered by due course of Law; and in case any such Artificer or Manufacturer shall be convict any Indictment to be preferred against him at such Assizes or General Gaol Delivery, or Quarter Sessions of the Peace as aforesaid, of any such Promise or Contract, or Preparation to go abroad beyond the Seas, for any of the purposes aforesaid, then and in such case the person so convict shall give such security to his Majesty, his Heirs and Successors, not to depart out of his Majesty's Dominions for any of the purposes aforesaid, as such Court shall think reasonable, and shall be imprisoned until such security shall be given. s. 4.

Persons refusing to give such se. curity may be committed.

Persons convicted shall give security not to depart the kindom, at be imprisoned till such security given.

Offenders in

Scotland shall be prosecuted in the Court of Justi

upon

If any of the above-mentioned Offences shall be committed in that part of Great Britain called Scotland, the same shall be ciary or Circuits prosecuted in the Court of Justiciary or the Circuits there.

there.

5 G. 1. c. 27. s. 5.