Penalty.

Wardens, together with the Chief

Assayer, may search for fraudulent wares. 3d of Edward IV, cap. 4. re enacted for

Gold and Silver wares.

AND for the more effectual suppression of frauds and abuses in the manufacture, working, alteration, trading, dealing in and sale of Gold and Silver wares, committed in secret places and shops; BE it also Enacted, by the authority aforesaid, That from and after the day of it shall and may be lawful to and for the Wardens, 58 together with the Chief or Head Assay-master of the several Companies of Goldsmiths and Guardians of the Touch respectively, or of either of them, (such Wardens respectively at all times hereafter, and previous to taking upon either of them the said office of Warden, being or having been practical working Goldsmiths or Silversmiths, and being duly elected, appointed and sworn to the lawful exercise of his and their said Office and Offices respectively) with whom or in whose public Assay Office, lawfully appointed, the mark of any maker or worker for dealer in Gold or Silver wares shall be entered, or nearest unto whose public Assay Office as aforesaid, any dealer in Gold or Silver wares shall be dwelling, or any two of such Wardens, together with their chief Assayer as aforesaid, at any and all working time and times, as to the said Wardens shall seem meet, to enter into the several and respective workshops, shops, warehouses, place and places of business, of every such Gold or Silver worker and dealer in Gold or Silver wares, and there to search and search for, inspect and take view of, and if the said Wardens shall see it fitting, to touch, assay, and by their best means and ability, try and ascertain the lawful quality and sufficiency of any or every the work, 60 wares and materials of Gold and Silver, there found and wrought or in progress to be wrought, by or for any such workmaster or dealer as aforesaid; or, if the said Wardens shall so think fit, to convey the same wares, works and prepared materials of Gold and Silver, to the public Assay Office of the said Company of Goldsmiths, or Guardians of the Touch, Fraudulent or deceit and there to touch, try and assay the same; and if any fraud or deceit ful wares, work, &c.

Penalty.

shall be found therein, such of the said wares, works and prepared
materials, so unlawfully wrought, shall be
and broken, and
the sale price or value of the broken materials thereof, shall be appro- 61
priated to and in aid of a fund, by the same Company of Goldsmiths to
be applied and used in, to and towards the prosecution of Offenders
against the provisions of this Act; and if any Person or Persons what-
soever shall refuse admittance to, or shall impede the said Wardens and
Assayer, or either of them, in the execution or performance of the duties
so assigned to them as aforesaid, he she and every of them so offending,
and so often and for every time that he she or they shall so refuse or

as by the laws in force are shall or may be appointed, touching or con-
cerning the exportation of and drawing back the duties on wrought Gold
and Silver plate; and if any plate, work or ware of wrought Gold or
Silver, that has been so marked for exportation as aforesaid, shall after-
wards be found in the possession of any Person or Persons whatsoever, 57
and shall not have been previously re-entered, and the duties thereon
repaid and satisfied, and re-marked on the importation thereof, he or she
shall forfeit
and the sum of

for every piece thereof.

Refusing the

wardens, &c. entrance to search for frauds.

duties g are di mogl as aforest or Pes

and to

62

impede the said Wardens and Assayer as aforesaid, shall forfeit and pay
the sum of

Penalty.

Provided always, and be it Enacted, That such work, ware and Time for returning unobjectionable materials, in which no fraud or deceit shall be found, shall be returned work. to the owner thereof, within one working day from the day on which the same was so conveyed to the Assay Office to be examined as

aforesaid.

Provided always, and be it Enacted, That if any Shopkeeper or Dealer in Plate or wares of wrought Gold or Silver, or other Person not being privy or party to the working or making of any such unlawful or deceitful wares or manufactures as aforesaid, shall suffer or sustain any penalty loss or damage by reason of any such fraud or deceit, such Shopkeeper 63 Dealer and other Person shall recover double Damages and Costs of Suit and recovery from the Workman, Worker or Maker who wrought or sold such deceitful work or ware; and which damages and costs shall be determined awarded, and the payment thereof enforced, by such Justice or Justices of Peace as aforesaid.

And be it also Enacted, That so much and such part of a certain Act made in the Twelfth year of the reign of his late Majesty King George the Second, chapter the twenty-sixth, as enacts, "that no Action or Suit at Law shall be had commenced or prosecuted, against any of the 64 Wardens or other Officers of the several Companies of Goldsmiths or Guardians of the Touch, and the respective Assay Officers, for any act matter or thing by him or them in their said Offices done, in the touching assaying or marking of work or wares of wrought Gold or Silver, or otherwise touching the premises, unless such Action or Suit shall be brought or commenced before the end of the next term after the fact committed, and not afterwards," shall be and it is hereby repealed.

Provided always, and be it Enacted, That such Action or Suits as aforesaid, touching or concerning the premises aforesaid, shall and may be had brought and commenced at any time within one year next 65 ensuing the expiration of the usage or change of the variable Mark or Letter of the said Company of Goldsmiths or Assay Office for the year within which cause of Action or Suit shall be discovered by the Person aggrieved, and not afterwards.

Remedy for ShopPersons aggrieved keepers and other by any fraud in Gold

or Silver wares

day of

And be it Enacted, That from and after the
no unfinished Clock or Watch, nor pre-
pared material of or for a Clock or Watch, or of or for a Musical Piece,
Snuff Box or Machine, to be moved by Clock or Watchwork, nor any
Musical Box, Snuff Box or other Box or Jewellery, Clock or Watch, in
or upon which is represented placed or attached any print, painting or
66 figure, movement or motion, of an immoral or obscene description or
tendency whatsoever, shall be imported into these Realms from foreign

Part of the Act 12th
Geo. II, cap. 26,

repealed.

Time for commencing Actions and Suits against Assay Officers, &c.

The importation of Clock and Watchforeign unfinished work, &c. prohibited.

parts or places, under any plea or pretence whatsoever; and all such unfi- Seizable wheresoever nished foreign made Clocks and Watches, prepared Materials, Musical found, and to be

destroyed.

282.

Pieces,

"

Penalty.

unless they

and none to be ad-
bear the names, &c.
of the maker thereon.

Foreign-made

Clocks, Watches,
&c. to be allowed to

And be it also Enacted, That from and after the said
no finished and complete Clock or

day of

entry in the Port of Watch, Musical Snuff Box or other Box or Jewellery, in which any

London only;

motion, sound or music is produced on bells, wires, musical springs or
organ pipes, operated upon by Clock or Watchwork, wheels, springs 69
or other machinery, shall be imported from foreign parts, and allowed
to entry but at His Majesty's Custom-house in the port of London only,
where such foreign-made wares shall be liable to, and the owner or
owners thereof shall pay and satisfy such duties of customs thereon which
by any
law now in force, or which hereafter shall be enacted, may and
lawfully ought to be levied and paid on the importation of such foreign-
made goods and wares as aforesaid; nor shall any such foreign-made
goods or ware as aforesaid be entered or admitted at or in any other port
or place than the said port of London; nor unless every such foreign-made
Clock and Watch, Musical Box or Piece as aforesaid, shall be compleat 70
and fit for use, and shall have thereon engraven, or otherwise permanently
put placed and affixed, the christian and surnames and place of abode
of the maker, together with a distinct number upon each, by which such
Clock and Watch, Musical Box and Piece, may be known, described and
identified, upon the penalty of forfeiting

Penalty.

Pieces, Snuff Boxes, Clock and Watchwork and Jewellery, as aforesaid, which after the said

day of

shall be found or discovered, shall and may be seized by the Person who shall discover and will convey the same before any one or more of His Majesty's Justice or Justices of the Peace acting in or for the County City or Place where such prohibited articles goods and wares as afore- 67 said shall be found or discovered; and upon proof being made on the oath of one or more credible Witness or Witnesses, that the same are such prohibited articles goods and wares as aforesaid, they and every of

them shall be

No British name,
either of Person or
Place, to be put upon
foreign work.

for the proper use of the Person who seized the same articles goods and
wares as aforesaid; and the Person or Persons in whose possession any
such prohibited articles goods or wares as aforesaid shall be found or
discovered, shall also feifeit and pay the Sum of
for each and every time that any such prohibited articles goods or wares
shall be found or discovered in his or her possession.

68

upon which the christian and surnames and place of abode of the maker, and a distinct number on each and every thereof, shall not be duly engraven, or otherwise permanently and conspicuously put or placed, or which shall not have been entered in the port of London for 71 the payment of the duties thereon as aforesaid; and the same penalty and forfeiture shall be to the proper use of the Person who will seize and convey such Clock and Watch ware, Musical Box and Piece, to His Majesty's warehouse of the Customs in the said port of London.

And be it further Enacted, That from and after the

day of
no person whatsoever shall engrave,
paint or otherwise place put or attach, upon any foreign-made Clock or
Watch, any name or names, being or purporting to be the name or

names

names of any British person or place; nor by any other way or means whatsoever, alter or disguise the name or appearance of any Clock or Watch of foreign make, so that the same may appear, or be mistaken or sold as or for British manufacture; nor shall any person sell, exchange or expose to sale, or exchange as or for British manufacture, any Clock or Watch of foreign make or any Clock or Watch whereof the movements or internal parts are of foreign make and the cases British, or whereof the movements or internal parts are British and the cases foreign made; but all such Clocks and Watches shall be sold as and for the mixed workmanship, as the fact shall be, and not otherwise; nor shall any foreign made Clock or Watch, or any Clock or Watch having thereon any forged 73 name, or imitation of a name of a British person or place, or any forged imitation of marks impressed on Watches or Watchcases, in at or by any public Office or otherwise in Great Britain, be imported, sold, exchanged, repaired, altered or exported by any person whatsoever, upon the penalty of forfeiting

the sum of

72

for each and every such foreign Clock and Watch, piece of Clock
or Watchwork, Mechanism, and Machinery, and Jewellery ware,
which shall be found in the possession of any Person so importing, pur-
chasing, vending or exposing to sale the same goods or wares, such
person not having been previously thereto duly licensed to import and
deal in such goods and wares as aforesaid; and which forfeitures and
penalties shall be to the use of the Person who will seize the said goods
and wares, and will sue for the same before any one of His Majesty's
Justices of the Peace as aforesaid.

and Penalty.
of lawful money, for
each and every of such Clocks and Watches as aforesaid, to the use of
the Person who will seize and convey the same Clocks and Watches
before any one or more of His Majesty's Justices of Peace as aforesaid,
and upon proof upon the oath of any one or more competent witness
74 or witnesses, every such unlawful Clock and Watch shall be broken and
utterly destroyed, and the broken materials thereof shall be to the use of
the Person who seized the same as aforesaid; nor shall any Person
whatsoever, after the
day of
import, purchase,
deal in, or vend or expose to sale as a dealer in, any Clock or Watch,
or any piece of Clock or Watchwork, Mechanism or Machinery, or
Jewellery wares, of foreign make, until he and she shall, in the manner
hereinafter mentioned, be duly authorized and licensed to trade or deal in
the said foreign made wares and manufacutures, upon the penalty of Penalty.
75 forfeiting
and the sum of

And be it further Enacted, That such license and licenses to import and deal in foreign-made Clocks and Watches, Clock and Watchwork, 76 Mechanism or Machinery and Jewellery of foreign make, shall be granted day of

issued and distributed on or before the

disguised so as to

Foreign-made work not to be altered or appear as British. Foreign-made work British manufacture.

not to be sold as

next ensuing, and afterwards on or before the
day of
in every year, by the Commissioners for managing the
receipt of His Majesty's duties of Excise, at their head office in London,
who are hereby empowered and required to enroll and issue such licenses,
under the hands and seals of the said Commissioners, or of any two of
E
them

282.

All Clocks and
Watches, partly of
foreign and partly
British manufacture,
to be sold as such

mixed work.
Foreign-made work,
and all Clocks and

Watches, having or
bearing thereon any
marks, not to be re-
paired, sold, &c.

name or

None to import or deal in foreign Clocks, &c. until duly licensed.

Foreign Clock and

Watch dealers

Licence to be annually renewed.

what manner such

By whom and in Licences shall be granted.

um to be paid for them, upon the payment of the sum of

ach Licence.

Foreign Clocks,
Watches, &c. im-

ported after paying

And be it also Enacted, That each and every foreign-made Clock and ;; Watch, and all other the productions of the said arts and manufactures of the duties, are, pre- Clock and Watchmaking, already imported, and which hereafter shall or may

Ivious to sale, to be
marked by the
Clockmakers Com-
pany, pursuant to
patent granted 22d
August 1631.

be imported from parts and places beyond the seas, shall, after the duties
payable on the importation thereof shall have been paid and satisfied, be
delivered by the Officer and Officers of His Majesty's Customs, or other
Persons having the custody thereof, unto the proper Officer in that behalf
appointed of the Company of the Master, Wardens and Fellowship of the
art and mystery of Clockmaking of the City of London, taking his receipt
for the same; and each and every the foreign-made Clocks and Watches,
works and productions aforesaid, shall, by the said Company or their 78
proper Officer, be properly and sufficiently marked according to the pro-
visions in the Charter granted to the said Company on the twenty-second
day of August in the year one thousand six hundred and thirty-one,
for that purpose mentioned and expressed, and by the marks so impressed
or otherwise put thereon by the said Company, to notify that each and
every the same Clock and Watchwork and production has been duly
examined, and also that the duties thereon as by law is required have
been duly paid, before the same is or shall be permitted or allowed to
pass into the possession of the importer or owner thereof; and the said
Master, Wardens and Fellowship, or their proper Officer, shall and may
lawfully ask demand and receive, for the marking and allowing of such
foreign-made Clocks and Watches, works productions and wares of the
arts and trades aforesaid, as lawful fit and proper to be imported and
sold, such sum of Money as to the said Company of Clockmakers shall
appear reasonable to defray the expense of examining and marking the
same as aforesaid, not exceeding in the whole
pence in the pound
sterling of the value of the Clocks, Watches, works and productions so
imported and brought to the office of the said Company to be examined
and marked as aforesaid.

Price to be taken by the Company for marking.

No Person shall work upon or finish any foreign Clock or Watchwork,

nor repair any such, that is not duly marked.

by the Person requiring such license, for each and every such license to import and deal in such foreign-made goods and wares as aforesaid.

Penalty,

So

And be it further Enacted, That from and after the day of no Clockmaker or Watchmaker, or other Person, shall make up or complete, or employ any workman to make up, work upon or complete any unfinished foreign work, or part or prepared material of or for a Clock or Watch; nor shall any person work upon or repair any foreign-made Clock or Watch, that is not duly marked with the marks hereinbefore directed to be impressed or put thereon by the Company of Clockmakers as aforesaid, without first sending every such Clock 81 or Watch to the proper officer of the said Company to be marked, and the duties thereon duly paid and satisfied, upon the penalty of

for every such offence, and upon pain of forfeiting
to the use of the person who will seize

and sue for the same as aforesaid.

Provided