CHAPTER XXXII. AN ACT for repealing so much of an Act, made in the Twenty-third Year of His late Majesty King George the Second, as relates to the preventing the stealing or destroying of Turnips, and for the more effectually preventing the stealing or destroying of Turnips, Potatoes, Cabbages, Parsnips, Pease, and Carrots. [a WHEREAS the cultivation of turnips, potatoes, cabbages, parsnips, pease, Preamble. stealing turnips, potatoes, cabbages, &c. from any garden, lands, &c. 10s. on conviction, beside the goods stolen. 1773, persons shall forfeit value of the and carrots is of great consequence to this kingdom, and the laws in being are ineffectual for preventing the stealing and destroying the same: 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 from and after After June 1, the first day of June, one thousand seven hundred and seventy-three, if any person shall steal and take away, or maliciously pull up or destroy, any turnips, potatoes, cabbages, parsnips, pease, or carrots, growing or being in any garden, lands, or grounds, open or inclosed, and shall be thereof convicted before any justice or justices of the peace for the county or place where the offence shall be committed, either by the confession of the party offending, or by the oath of one or more credible witness or witnesses, (which oath such justice or justices is and are hereby impowered to administer,) every person so offending, and being convicted as aforesaid, shall forfeit and pay, upon such conviction, such sum of money, not exceeding the sum of ten shillings over and above the value of the goods stolen, as to such justice or justices shall seem meet; which sum of money shall be distributed between the owner of such turnips, potatoes, cabbages, parsnips, pease, or carrots, and the overseers of the poor or other persons having the charge and disposal of the funds of the poor of such parish or place where the offence shall be committed, for the use of the poor of such parish or place, in such proportion as such justice or justices shall think fit; or the whole of such sums shall be given to the owner of such turnips, potatoes, cabbages, parsnips, pease, or carrots, or to the overseers of the poor or other persons having the charge and disposal of the funds for the use of the poor of such parish or place, according to the discretion of such justice or justices: And in default of payment of such penalty of which the offender hath been convicted as aforesaid, such justice or justices shall and may commit such offender to the house of correction, there to be kept to hard labour for any time not exceeding one calendar month, unless such penalty shall be sooner paid or satisfied: And if the offence is committed in that part of Great Britain called Scotland, such justice or justices shall and may commit such offender to prison, there to remain for any time not exceeding one calendar month, unless such penalty shall be sooner paid or satisfied: And the bringing the offender or offenders before such justice or justices of the peace may be done, and the proceedings against offenders, under the authority of this Act, may be carried on in the most summary manner. [II.] AND, for the more easy conviction of persons offending against this Evidence of Act, be it enacted by the authority aforesaid, that in all infortmaions and be taken and other proceedings for any of the offences aforesaid the evidence of the owner allowed. [ Rep., as to England, 7 & 8 Geo. 4. c. 27. s. 1. Where conviction shall be or owners of such turnips, potatoes, cabbages, parsnips, pease, or carrots, and of the inhabitants of the parish or place where the offence shall be committed, shall be taken and allowed, any law, custom, rule, order, or usage to the contrary notwithstanding. [III.] PROVIDED always, that where any such conviction shall be upon the on oath of the oath of the owner or owners the whole of the penalty or forfeiture shall be paid to the overseer or overseers of the poor for the parish or place where the offence shall be committed, for the use of the poor of such parish or place. owners, the forfeiture to be paid to the overseers of the poor. Conviction to be drawn in the following form. Proviso. [IV.] AND for the more easy and speedy conviction of offenders against this Act, be it further enacted, that all and every the justice or justices of the peace, before whom any person or persons shall be convicted of any offence against this Act, shall and may cause the conviction to be drawn up in the following form of words, or in any form of words to the same effect, as the case shall happen; videlicet, BE it remembered, that on the in the year of our Lord day of A.B., having been brought before me, or having been duly summoned, and not [V.] PROVIDED always, that no person shall be prosecuted for any such offence unless such prosecution be begun within thirty days after the offence committed. CHAPTER LII. Preamble. The guardians of the standard of wrought plate. An Act for appointing Wardens and Assaymasters for assaying Wrought W HEREAS the silversmiths and plate-workers in and about the town of Birmingham, in the county of Warwick, and in and about the town of Sheffield, in the county of York, are under great difficulties and hardships in the exercise of their trades, for want of assayers in convenient places to assay and touch their wrought plate: For remedy whereof, 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 the several towns of Birmingham and Sheffield aforesaid shall be and are hereby appointed for the assaying and marking of wrought silver plate, and for executing the powers, authorities, and directions given by this Act. [II] AND be it enacted by the authority aforesaid, that the Earl of Dartmouth, the right honourable Lord Archer, the right honourable Heneage [a Rep., so far as relates to the town of Birmingham and within twenty miles thereof, 5 Geo. 4. cap. lii. s. 1.] Finch, commonly called Lord Guernsey; the right honourable George Greville, commonly called Lord Greville; the right honourable Francis Conway, commonly called Lord Beauchamp; Sir John Wrottesley baronet, Sir Henry Bridgman baronet, the honourable John Ward, Richard Geast, John Wyrley, Isaac Spooner, Henry Gough, Charles Colemore, John Taylor, Samuel Garbitt, Henry Carver senior, Joseph Wilkinson, Sampson Lloyd junior, Thomas Ingram, Edward Palmer, John Kettle, Joshua Glover, Matthew Boulton, John Francis, Thomas Mynde, Samuel Pemberton, John Turner senior, John Lee, William Sawyer, John Lane of Mosely, James Alston, Matthew Barker, Joseph Adams of Walsall, James Wright, Samuel Galton, and James Jackson, shall be, and are hereby incorporated a company of or belonging to the said town of Birmingham; and that the most honourable Charles Marquis of Rockingham, the Earl of Stafford, the Earl of Effingham, Godfrey Bagnall Clark, Anthony Saint Leger, Samuel Shore the younger, Samuel Tooker, Henry Howard, Walter Oborne, the reverend James Wilkinson clerk, Benjamin Roebuck, Thomas Broadbent, John Shore, George Greaves, John Turner, Thomas Bland, George Brittain, Samuel Staniforth, Simon Andrews Young, Joseph Matthewman, John Hoyland, Henry Tudor, John Winter, Albion Cox, John Rowbotham, Joseph Hancock, Matthew Fenton, William Marsden, Thomas Law, and Joseph Wilson, shall be and are hereby incorporated a company of or belonging to the said town of Sheffield, and shall be called and known by the name of "The guardians of the standard of wrought plate," within such towns respectively, and shall continue of such company so long as they live and reside in such towns respectively, or within twenty miles thereof; which companies respectively shall be enabled, and are hereby authorised, on or before the fifth day of July next, to meet at some convenient place within each town respectively, and chuse four persons by majority of voices out of each company respectively to be the wardens of the said company in each of the said towns respectively; which said wardens shall continue for the space of one year, and no longer, unless re-elected by the company in manner aforesaid. place of those [III.] AND be it further enacted by the authority aforesaid, that each of the Other persons said companies respectively shall be enabled, and are hereby authorised and to be chosen in directed, annually, on the first Monday in July in every year, out of fit and who shall die, proper persons resident in such towns respectively, or within twenty miles. wardens to thereof, to chuse, by a majority of members present at any meeting to be be elected. held for that purpose, one or more person or persons into the said companies respectively in the place and stead of such of the said company who shall have died or removed to a greater distance than twenty miles from such towns respectively, so as by reason of such choice there shall not be, when the company is compleat, more than nine or less than six plate-workers members of each company respectively; and that immediately after such companies shall be so filled up in manner aforesaid they shall be enabled, and are hereby authorised and directed, to proceed to the election of the four wardens for the year ensuing, in manner aforesaid; and if any of the said wardens so chosen as aforesaid shall happen to die or remove to a greater distance than twenty miles out of such town, then the said companies respectively shall, within one month after such death or removal, chuse another person of each respective company, in manner aforesaid, to be warden in his No silver plate to be sold until the same with the initials of the worker's name, &c. room; and such person shall and is hereby authorised and required to act accordingly for the remainder of that year. [IV] AND be it further enacted by the authority aforesaid, that no silversmith or plate-worker in either of the said towns, or within twenty shall be marked miles thereof, shall knowingly put to sale, exchange, or sell any silver vessel, plate, or manufacture of silver, made or wrought in either of the said towns, or within twenty miles thereof, after the twenty-ninth day of September next, or export the same out of this kingdom, until such time as such silver vessel, plate, or manufactured silver (being of the standard of eleven ounces two penny weight of fine silver per pound troy), shall be marked as followeth ; that is to say, with the mark of the worker or maker thereof, which shall be the first letters of his christian and surname; and also with the lion passant, and with the mark of the company within whose assay office such plate shall be assayed and marked, to denote the goodness thereof, and the place where the same was assayed and marked; and also with a distinct variable mark or letter, which letter or mark shall be annually changed upon the election of new wardens for each company, to denote the year in which such plate is marked; or plate, being of the standard of eleven ounces ten penny weight of fine silver per pound weight troy, with the mark of the worker or maker thereof, which shall be the first letters of his christian and surname, as aforesaid, the figure of a woman commonly called Britannia, the said mark or letter to denote the year as aforesaid, and with the mark of the company within whose office such plate shall be assayed and marked; upon pain that all such silver vessels, plate, or other manufactured silver (except such things as by reason of their smallness or thinness are not capable of receiving a touch), which shall be made, exposed to sale, exchanged, or exported contrary to this Act, shall be forfeited, or the value thereof, one moiety thereof to the King's Majesty, his heirs and successors, and the other moiety thereof to such person or persons as will sue for the same; to be recovered by action of debt, bill, suit, or information, in any court of record in any county or place wherein such offence shall be committed, and wherein no essoin, protection, wager of law, or any more than one imparlance shall be allowed. Peculiar marks of the Birmingham and Sheffield Companies. Assayers to be elected by both com panies. [V.] AND be it further enacted by the authority aforesaid, that the peculiar marks of the said companies, directed to be used as aforesaid, shall be as follows; that is to say, for the Birmingham company, an anchor, and for the Sheffield company, a crown. [VI] AND be it further enacted by the authority aforesaid, that each of the said companies shall, from time to time, elect and chuse, in manner aforesaid, one or more able and skilful person or persons, experienced in the assaying of silver, to be the assayer or assayers; and that such person or persons so chosen shall continue in the said office during his or their life or lives, unless he or they shall neglect to attend the said business, or shall die or be rendered incapable of executing the said office of assayer; for which said assayer or assayers it shall and may be lawful to detain eight grains only from every pound troy of silver he or they shall assay, four grains whereof shall be put into the box of diet, and the other four grains shall be allowed him towards his waste and spillings in making the said assays; and every assayer and assayers chosen in pursuance of this Act, immediately after his or their election or elections and before he or they take upon himself or themselves the execution of the said office, shall enter into one bond or obligation to the master of his Majesty's mint for the time being, with two sufficient sureties, to be approved of by the said master, in the penalty of five hundred pounds, for the execution of the said office, and for the due payment of all such fines and sums of money as are and shall be charged and imposed on him or them by this Act for neglect or fraud in the execution of the said office; and shall also take and subscribe the oath following; videlicet, I A.B. do swear, that I will be faithful and true to our sovereign lord Assayer's oath. King George, and will, so long as I continue an assayer, well and faithfully behave myself in the said office; and no undue profit to myself take, to the hurt or hinderance of any person that is owner or bringer of any silver in plate to be assayed, except of wrought plate only four grains of every pound weight to be taken and put into the box of diet, and other four grains to be taken likewise of every pound weight of plate wrought (and not otherwise) towards my waste and spillings in making the said assays; and that I will touch no silver but what shall be of the goodness of and according to the standard of this kingdom, which, for the time being, is or shall be appointed by law for wrought plate, or better; and all such silver as shall be brought to me to be touched I will carefully examine, to see if it be of all one sort of silver, and forward enough in the workmanship, and whether all the pieces be fixed together that are intended to be affixed together, and whether it be not charged with unnecessary solder; and if I find the same liable to either of the objections aforesaid, I will not assay the same; and that I will truly set down in writing all such silver as shall be brought to me to be touched, and the same, at all times, as I shall be required, will duly and truly deliver again (except eight grains as aforesaid); and will true accounts make thereof when required by the wardens of the company wherein I am chosen assayer; and that I will no assays make of things new wrought before that they be marked with the mark of the maker or owner thereof; and that I will, according to the best of my skill and judgement, make every assay so and in such sort and manner as may best ascertain the true intrinsick standard of such plate so to be assayed; and that I will not put or wittingly suffer to be put into the aforesaid box any silver but that silver which has been scraped and taken in my presence from the plate which I shall assay and pass for standard; and that I will not, by myself or in partnership with any other person, directly or indirectly, be concerned in the buying or selling of silver bullion, or in the manufacturing of wrought plate. So help me GOD. Which oath the master of his Majesty's mint in the Tower of London for the time being, or in his absence his deputy in the said office, is hereby required and impowered to administer to such assayer. company to [VII.] PROVIDED always nevertheless, and be it enacted by the authority On death of aforesaid, that if any person chosen assayer in pursuance of this Act shall assayer, &c. neglect to attend the said business, or shall die or be rendered incapable elect another. of executing the said office, that then, and in either of the said cases, it shall and may be lawful to and for that company to whom such assayer did belong to elect and chuse, in manner aforesaid, one other fit and proper person to be the assayer, in the place and stead of the assayer falling under either of the descriptions aforesaid. |