Page:Ruffhead - The Statutes at Large - vol 6.djvu/416

 354 C. 26. Anno duodecimo Georgii II. A. D. No Trials a- k'ainft them, out within 4 Terms. Penalty on fell- ing or export- ing Gold or Sil- ver Wares be- fore marked. "Wares cxcept- Penalty In the A<3 12 W. 3. c.4. $>. S. re- pealed. X 73^ Evidence againft fuch Maker or Worker, or fuch 'other Perfon of whom the fame were bought as aforefaid ; and the Judge before whom the Caufe (hall be tried, fhall under his Hand upon the Record certify the fame; and alfo that there did not on fuch Trial appear any Ground to believe that fuch Shopkeeper, or other Perfon trading or dealing in Go'd or Silver Wares as aforefaid, was concerned in or privy to fuch Fraud ; or if fuch Shopkeeper or Dealer fhall on the Trial of any Suit or Profecution againft him, her or themfelves, concerning the Premiffes, prove that he, fhe or they delivered to fuch Maker or Worker a fufficient Quantity of Standard Gold or Silver to make the faid Wares, and paid a reafonable Price for the Falhion thereof, or paid fuch Maker or Worker, or other Perfon or Perfons, a Market Price for Standard Gold or Silver of that Weight, befides a reafonable Price for the Famion thereof; then and in any or either of the faid Cafes fuch Shopkeeper or Dealer fhall be and is hereby exempted and difcharged from, any Penalty or Forfeiture to be incurred by this Act for exporting, felling or expofing to Sale fuch coarfe Gold or Silver Wares as aforefaid,. and from any Action, Suit or Profecution for the fame ; any thing herein contained to the contrary in any wife notwithftanding. IV. Provided always, That it lhall not be neceffary for fuch Shopkeeper or other Perfon trading or dealing in Gold or Silver Wares, who fold, expofed to Sale, or exported fuch coarfe Gold or Silver Wares as aforefaid, to give or produce fuch A4aterial Evidence, or to procure fuch Certificate as afore- faid, in order to his Indemnity or Difcharge from any Penalty or Forfeiture by virtue of this Act, un- lefs fuch Trial againft fuch Maker or Worker, or other Perfon of whom the fame were bought as afore- faid, fhall be had within four Terms after fuch Difcovery made as aforefaid reflectively ; nor unlets- reafonable Notice fhall be given to fuch Shopkeeper or other Perfon trading or dealing in Gold or Silver Wares as aforefaid, of the Time of fuch Trial. V. And be it further enacted by the Authority aforefaid, That from and after the faid twenty-eighth Day of May one thoufand feven hundred and thirty-nine, no Goldfmith, Silverfmith, or other Perfon whatfoever, making or felling, trading or dealing in, Gold or Silver Wares, fhall fell, exchange or expofe to Sale, within that Part of Great Britain called England, any Gold or Silver Veffel, Plate or Ma- nufacture of Gold or Silver whatfoever, made after the faid twenty-eighth Day of May one thoufand feven hundred and thirty-nine, or export the fame out of this Kingdom, until fuch time as fuch Vef- fel, Plate or Manufacture of Gold, (being of the Standard of twenty-two Carracts of fine Gold per Pound Troy) and fuch Veffel, Plate or Manufacture of Silver (being of the Standard of eleven ounces two-penny Weight of fine Silver per Pound Troy) fhall be marked as followeth ; that is to fay, with the Mark of the Worker or Maker thereof, which lhall be the firft Letters of his Chriftian and Sur- name, and with thefe Marks of the faid Company of Goldfmiths in London, viz. the Leopard's Head, the Lion Paffant, and a diftinct variable Mark or Letter to denote the Year in which fuch Plate (hall be ' made ; or with the Mark of the Worker or Maker, and with the Marks appointed to be ufed by the Affayers at York, Exeter, Briftol, Cbejler, Norwich, or Neivcajlle upon Tyne ; 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 fhall be the firft Letters of his Chriftian and Surname, as. aforefaid, and with thefe Marks of the faid Company, viz. the Lion's head erafed, the Figure of a Woman, commonly called Britannia, and the faid Mark or Letter to denote the Year 2s aforefaid ; or with the Mark of the Woiker or Maker, and the Marks of one of the faid Cities or Towns ; upon Pain that every fuch Goldfmith, Silverfmith, and other Perfon, for every fuch Offence fhall forfeit and pay the Sum of ten Pounds, to be recovered and difpofed of as herein after is mentioned ; and for Default, of Payment, fhall be committed by the Court in which Judgment fhall be given thereon, to the Houfe of Correction for the County, City or Liberty, where convicted, there to remain and be kept to hard Labour for any Time not exceeding the Space of fix Months, or until Payment be made of the faid Forfeiture. VI. Provided alio, and it is hereby declared, That nothing in this Act contained fhall extend to oblige any of the following Wares of Gold or Silver to be ftamped or marked by the faid refpectivff Companies of Goldfmiths, or any of them ; that is to fay, Rings, Collets for Rings or other Jewels, Chains, Necklace Beads, Lockets, hollow or raifed Buttons, Sleeve Buttons, Thimbles, Corral Sockets and Bells, Ferrils, Pipe Lighters, Cranes for Bottles, very fmall Book Clafps, any Stock or Garter Ciafps, jointed, very fmall Nutmeg Graters, Rims of Snuff Boxes, whereof Tops or Bottoms are made of Shell or Stone, Sliding Pencils, Toothpick Cafes, Tweezer Cafes, Pencil Cafes, Needle Cafes, any Philligree Work, any Sorts of Tippings or Swages on Stone or Ivory Cafes, any Mounts, Screws, or Stoppers to Stone or Glafs Bottles, or Phials, any fmall or flight Ornaments put to Amber or other Eggs or Urns, any wrought Seal or Seais with Cornelian or other Stones let therein, or any Gold or Silver Veffel, Plate or Manufacture of Gold or Silver fo richly en- graved, carved or chafed, or fet with Jewels or other Stones, as not to admit of an Affay to be taken of, or a Mark to be firuck thereon, without damaging, prejudicing or defacing the fame, or fuch other Things as by reafon of the fmallnefs or thinnnefs thereof are not capable of receiving the Marks herein before-mentioned or any of them, and not weighing Ten-penny Weight of Gold or Silver each. ' VII. And whereas by a Clause contained in the faid recited Act made in the twelfth Year of tb* ' Reign of his late Majelty King William the Third, it was enacted, That if any Perfon fhould ' counterfeit any of the Stamps appointed by that Act to be ufed by the Wardens or Affayers there- ' in mentioned for marking wrought Plate, or any of the Stamps ufed by the Wardens of the Com- ' pany of Goldfmiths of the City of London, fuch Perfon fhould for every fuch Offence forfeit the Sum ' of five hundred Pounds, to be recovered and difpofed of as therein is mentioned : And whereas tlie ' Experience-
 * faid Penalty or Forfeiture of five hundred Pounds for counterfeiting the Stamps on wrought Plate is by