ACT - 7 and 8 Victoria, c. 22, July 1844

[dognose]

7 and 8 Victoria, c. 22, July 1844. An Act to amend the Laws now in force for preventing Frauds and Abuses in the marking of Gold and Silver Wares in England.

Whereas an Act was passed in the Thirteenth Year of the Reign of His late Majesty King George the Third, intituled An Act for repealing so much of an Act of the Thirty-first Year of His late Majesty as inflicts Capital Punishment for Frauds and Abuses in the marking or stamping of Gold or Silver Plate, and for inflicting another Punishment for the said Offence: And whereas by an Act passed in the Thirty-eighth Year of the Reign of His said late Majesty King George the Third, intituled An Act for allowing Gold Wares to be manufactured at a Standard lower than is now allowed by Law, it is enacted, "that from and after the said First Day of October One thousand seven hundred and ninety-eight if any person shall forge, cast, or counterfeit, or cause or procure to be cast, forged, or counterfeited, the Mark or Stamp used or directed to be used in pursuance of this Act for the marking or stamping of Gold Plate by the Company of Goldsmiths in London or Edinburgh, or the Birmingham or Sheffield Company, or by the Wardens or Assayer or Assayers at York, Exeter, Bristol, Chester, Norwich, or Newcastle-upon-Tyne, or any or either of them, or shall cast, forge, or counterfeit, or shall cause or procure to be cast, forged, or counterfeited, any Mark, Stamp, or Impression in imitation of or to resemble any Mark, Stamp, or Impression made or to be made with any Mark or Stamp used or to be used as aforesaid by the said Company of Goldsmiths in London or Edinburgh, or by the said Birmingham or Sheffield Companies, or by the said Wardens or Assayer or Assayers, or any or either of them, or shall mark or stamp, or cause or procure to be marked or stamped, any wrought Plate of Gold, or any Wares of Silver, Brass, or other Metal gilt over and resembling Plate of Gold, with any Mark or Stamp which hath been or shall be forged or counterfeited at any Time, either before, on, or after the said First Day of October One thousand seven hundred and ninety-eight, in imitation of or to resemble any Mark or Stamp used or to be used as aforesaid by the said Company of Goldsmiths in London or Edinburgh, or by the said Birmingham or Sheffield Companies, or by the said Wardens or Assayer or Assayers, or any or either of them, or shall transpose or remove, cause or procure to be transposed or removed, from One Piece of wrought Plate to another, or to any Vessel of Silver, Brass, or other Metal as aforesaid, any Mark, Stamp, or Impression made or to be made by or with any Mark or Stamp used or to be used as aforesaid by the said Company of Goldsmiths in London or Edinburgh, or by the said Birmingham or Sheffield Companies, or by the said Wardens or Assayer or Assayers, or any or either of them, or shall sell, exchange, or expose to sale, or export out of this Kingdom, any wrought Plate of Gold, or any Vessel of Silver, Brass, or other Metal as aforesaid, with any such forged or counterfeit Mark, Stamp, or Impression thereon, or any Mark, Stamp, or Impression which hath been or shall be transferred or removed from any other Piece of Plate, knowing such Mark, Stamp, or Impression to be forged, counterfeited, or transposed or removed as aforesaid, or shall wilfully or knowingly have or be possessed of any Mark or Stamp which hath been or shall be forged or counterfeit in imitation of and to resemble any Mark or Stamp used or to be used as aforesaid by the said Company of Goldsmiths in London or Edinburgh, or by the said Birmingham and Sheffield Companies, or by the said Wardens or Assayer or Assayers, or any or either of them, every such Person offending in any such or either of the Cases aforesaid, being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall be transported to such Parts beyond the Seas as His Majesty, with the Advice of His Privy Council, shall direct, for the Space of Seven Years :" And v/hereas it is expedient to simplify the said Laws, and to alter the Punishments thereby imposed, and to make further Provision for preventing Frauds and Abuses in the marking of and dealing in Gold and Silver Wares: Be it therefore enacted by the Queen'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 said Act passed in the Thirteenth Year of the Reign of His said late Majesty King George the Third, and so much of the said Act passed in the Thirty-eighth Year of the Reign of His said late Majesty King George the Third as is herein-before recited, shall be and the same are hereby repealed, so far as the same relate to that Part of the United Kingdom called England, except as to Offences committed before the Day on which this Act shall come into operation, which shall be dealt with and punished as if this Act had not been passed ; nevertheless no Act or Part of an Act repealed by the said Act passed in the Thirteenth Year of the Reign of His said late Majesty King George the Third shall be revived by the passing of this Act.

II. And be it enacted, That every Person who shall forge or counterfeit, or shall utter, knowing the same to be forged or counterfeited, any Die or other Instrument, or any Part of any Die or other Instrument, provided or used or to be provided or used by the Company of Goldsmiths in London, or by any of the several Companies of Goldsmiths in the Cities of York, Exeter, Bristol, Chester, or Norwich, or the Town of Newcastle-upon-Tyne, or by the Companies of Guardians of the Standard of Wrought Plate in the Towns of Sheffield or Birmingham respectively, for the marking or stamping of any Gold or Silver Wares; and every Person who shall mark with any such forged or counterfeit Die or other Instrument, or with any Part of such forged or counterfeit Die or other Instrument as aforesaid, any Ware of Gold or Silver, or any Ware of base Metal, or shall utter any such Ware of Gold or Silver, or any such Ware of base Metal, so marked as aforesaid, knowing the same to be so marked as aforesaid; and every Person who shall forge or counterfeit, or by any Means whatever produce an Imitation of, or shall utter, knowing the same to be forged or counterfeit or an Imitation, any Mark or Part of any Mark of any Die or other Instrument provided or used or to be provided or used as aforesaid, upon any Ware of Gold or Silver, or any Ware of base Metal; and every Person who shall transpose or remove, or shall utter, knowing the same to be transposed or removed, any Mark of any Die or other Instrument provided or used or to be provided or used as aforesaid, from any Ware of Gold or Silver to any other Ware of Gold or Silver, or to any Ware of base Metal; and every Person who shall without lawful Excuse (the Proof whereof shall lie on the Party accused) have in his Possession any such forged or counterfeit Die or other Instrument as aforesaid, or any Ware of Gold or Silver, or any Ware of base Metal, having thereupon the Mark of any such forged or counterfeit Die or other Instrument as aforesaid, or having thereupon any such forged or counterfeit Mark or Imitation of a Mark as aforesaid, or any Mark which shall have been so transposed or removed as aforesaid. knowing the same respectively to have been forged, counterfeited, imitated, marked, transposed, or removed; and every Person who shall cut or sever from any Ware of Gold or Silver any Mark or any Part of any Mark of any Die or other Instrument provided or used or to be provided or used as aforesaid, with Intent that such Mark or such Part of a Mark shall or may be placed upon or joined or affixed to any other Ware of Gold or Silver, or to any Ware of base Metal; and every Person who shall place upon or join or affix to any Ware of Gold or Silver, or any Ware of base Metal, any Mark of any Die or other Instrument provided or used or to be provided or used as aforesaid, which shall have been cut or severed from any Ware of Gold or Silver; and every Person who shall, with Intent to defraud Her Majesty, or any of the said several Companies of Goldsmiths and Guardians respectively, or any Person whatever, use any genuine Die or other Instrument provided or used or to be provided or used as aforesaid, and every Person counselling, aiding, or abetting any such Offender, shall be guilty of Felony, and shall, at the Discretion of the Court, either be transported beyond the Seas for any Term not exceeding Fourteen Years nor less than Seven Years, or to be imprisoned, with or without Hard Labour, for any Term not exceeding Three Years.

III. And be it enacted, That every Dealer in Gold or Silver Wares who shall sell or exchange, or expose or keep for sale, or shall export or import, or attempt to export or import, from or to England, or who shall have in his Possession without lawful Excuse (the Proof whereof shall lie upon him) any Ware of Gold or Silver, or any Ware of base Metal, having thereupon any Mark of any forged or counterfeit Die or other Instrument as aforesaid, or any forged or counterfeit Mark or Imitation of a Mark of any Die or other Instrument provided or used or to be provided or used by any of the several Companies of Goldsmiths and Guardians aforesaid for marking Gold or Silver Wares, or having thereupon any Mark which shall have been transposed or removed thereto from any other Ware of Gold or Silver, shall for every such Ware so sold or exchanged, or exposed or kept for sale, or exported or imported, or attempted to be exported or imported, or which shall so be in his Possession as aforesaid, forfeit and pay the Sum of Ten Pounds, which may be sued for and recovered by any of the several Companies of Goldsmiths and Guardians aforesaid in manner herein-after provided.

IV. Provided always, and be it enacted, That every such Dealer in Gold or Silver Wares who s"hall have sold or exchanged, or exposed or kept for sale, or exported or imported, or attempted to export or import, or had in his Possession, any such Ware of Gold or Silver, or any such Ware of base Metal, having thereupon any Mark of any such forged or counterfeited Die or other Instrument as aforesaid, or any such forged or counterfeit Mark or Imitation of a Mark as aforesaid. or any Mark which shall have been so transposed or removed thereto as aforesaid, and shall within Twenty-one Days next after Notice thereof to him given by any of the several Companies of Goldsmiths or Guardians as aforesaid, or left at his usual Place of Abode, or at any House, Shop, or Place where he shall carry on or transact his said Trade or Business, discover and make known to the Company of Goldsmiths or Guardians in or nearest to the City, Town, or Place in which such Person shall reside, or shall carry on or transact his said Trade or Business, the Name and Place of Abode of the actual Manufacturer of any such Ware of Gold or Silver, or Ware of base Metal, or of the Person or Persons from whom such Dealer in Gold or Silver Wares bought, had, or received the same respectively, then such Dealer in Gold or Silver Wares shall be and he is hereby exempted and discharged from any Penalty or Forfeiture incurred by reason of his having so sold or exchanged or exposed or kept for sale, or exported or imported, or attempted to export or import, or having in his Possession, any such Ware of Gold or Silver, or Ware of base Metal, as atoresaid, anything herein-before contained to the contrary thereof notwithstanding: Provided always, that nothing herein contained shall extend to exempt any Person from the legal Consequences of uttering or of having in his Possession any such Ware as aforesaid, knowing the same to be marked with a forged or counterfeit Die or other Instrument, or knowing the Mark thereupon to be forged, counterfeited, imitated, transposed, or removed, if such Knowledge shall be duly proved in any Criminal Prosecution or Proceeding against such Person for any such Offence.

V. And be it enacted, That if any Ware of Gold or Silver which shall have been duly assayed and marked at any Assay Office of any of the several Companies of Goldsmiths or Guardians aforesaid shall at any Time after the passing of this Act be altered, either by any Addition made thereto or otherwise, so that the Character or Denomination of such Ware, or the Use or Purpose for which the same was originally made or designed, shall be changed, or if any such Ware of Gold or Silver shall at any Time after the passing of this Act have any Addition made thereto (although its Character, Denomination, Use, or Purpose shall not be changed by reason of any such Addition), the Weight of which said Addition shall bear a greater Proportion to the original Weight of such Ware than Four Ounces Weight of such Addition to every Pound Troy Weight of such original Ware, every such Ware so altered or added to as aforesaid shall be again brought to the Assay Office of some one of the several Companies of Goldsmiths or Guardians aforesaid, and shall be assayed and marked as a new Ware, and as if no Part thereof had been before assayed, and notwithstanding any former Assay thereof, or the Marks of any such former Assay thereupon, and the Duty shall be paid upon the whole Weight of every such Ware, and of every Addition thereto (if any shall be made or intended to be made), without any Allowance for the Duty which may have been before paid upon any such Ware, or any Part thereof: Provided always, that if any Ware of Gold or Silver shall have any such Addition made thereto as last aforesaid, and the whole Weight of such Addition made thereto shall not bear a greater Proportion to the original Weight of such Ware than Four Ounces Weight of such Addition to every Pound Troy Weight of such original Ware, and so that the Character or Denomination, Use or Purpose, of such Ware, shall not be changed, it shall be lawful for the Company of Goldsmiths or Guardians at any such Assay Office to allow the Addition thereto only to be assayed and marked, and to receive and take the Duty on the Weight of such Addition thereto only provided that before any such Addition shall be made thereto the said Ware shall be brought to such Office for the Inspection of such Company of Goldsmiths or Guardians aforesaid, and the Nature and Extent of the intended Additions thereto shall be fully explained to such Company, and such Company shall signify their Assent to the making of such Addition thereto; and every Dealer in Gold or Silver Wares who shall by any Means whatever alter or change the Character or Denomination of any Ware of Gold or Silver which shall have been before assayed and marked by any of the several Companies of Goldsmiths or Guardians aforesaid, so that the Use or Purpose for which the same was originally made or designed shall be changed, and every Dealer in Gold or Silver Wares who shall make or affix, or caused to be made or affixed, to any Ware of Gold or Silver which shall have been before assayed and marked at any Assay Office of any of the several Companies of Goldsmiths or Guardians aforesaid, any Addition of Gold or Silver, or any Addition of base Metal, the Weight of which said Addition thereto shall bear a greater Proportion to the original Weight of such Ware than Four Ounces Weight of such Addition to every Pound Troy Weight of such original Ware, without bringing or sending such Ware of Gold or Silver, so altered, changed, or added to as aforesaid, with every Addition made or intended to be made thereto, to the Assay Office of some one of the several Companies of Goldsmiths or Guardians aforesaid, to be assayed and marked as a new Ware, and every Dealer in Gold or Silver Wares who shall make or affix to any Ware of Gold or Silver which shall have been before assayed and marked as aforesaid any Addition of Gold or Silver, or any Addition of base Metal, the whole Weight of which said Addition shall not bear a greater Proportion to the original Weight of such Ware than Four Ounces Weight of such Addition to every Pound Troy Weight of such original Ware, without bringing or sending such last-mentioned Gold or Silver Ware so added to as last aforesaid, with every Addition intended to be made thereto, to the Assay Office of some one of the several Companies of Goldsmiths or Guardians aforesaid, for the Inspection of the said Company, and fully explaining the Nature and Extent of the intended Addition thereto to the said Company, and obtaining and procuring the Assent of the said Company to the making of such Addition before any such Addition shall be made thereto; and every Dealer in Gold or Silver Wares who shall sell or exchange, or expose or keep for sale, or export or attempt to export from England, or shall have in his Possession, any such Ware of Gold or Silver which shall have been so altered, changed, or added to as aforesaid, the same, or the Addition thereto, not having been so assayed and marked as aforesaid, shall for every such Ware forfeit and pay the Sum of Ten Pounds, which may be sued for and recovered by any of the several Companies of Goldsmiths or Guardians aforesaid respectively in the Manner herein-after provided; and every such Ware of Gold or Sdver, if found at any House, Shop, or Place where any such Dealer in Gold or Silver Wares shall carry on or transact his Trade or Business, shall and may be lawfully seized by any of the several Companies of Goldsmiths or Guardians aforesaid, and by them be dealt with as herein-after is directed.

VI. Provided always, and be it enacted, That every such Dealer in Gold or Silver Wares who should have sold or exchanged, or exposed or kept for sale, or exported or attempted to export from England, or had in his Possession, any such Ware of Gold or Silver which shall have been so altered, changed, or added to as aforesaid, the same or the Addition thereto not having been so assayed and marked as aforesaid, and shall within Twenty-one Days next after Notice thereof to him given by any of the several Companies of Goldsmiths or Guardians aforesaid, or left at his usual Place of Abode, or at any House, Shop, or Place where he shall carry on or transact his said Trade or Business, discover and make known to the company of Goldsmiths or Guardians in or nearest to the City, Town, or Place in which such Person shall reside, or shall carry on or transact his said Trade or Business, the Name and Place of Abode of the actual Manufacturer of any such Ware of Gold or Silver as last aforesaid, or of the Person or Persons from whom such Dealer in Gold or Silver Wares bought, had, or received the same respectively, then such Dealer in Gold or Silver Wares shall be and he is hereby exempted and discharged from any Penalty or Forfeiture incurred by reason of his having so sold or exchanged, or exposed or kept for sale, or exported or attempted to export, or having in his Possession, any such Ware of Gold or Silver as last aforesaid, anything herein-before contained to the contrary thereof notwithstanding.

VII. And for the further Prevention of Abuses in the making and assaying of Gold and Silver Wares, be it enacted, That if any Assayer or other Officer of or Person employed by the Company of Goldsmiths in London, or any of the several Companies of Goldsmiths of the cities of York, Exeter, Bristol, Chester, or Norwich, or of the Town of Newcastle-upon-Tyne, or either of the Companies of Guardians of the Standard of Wrought Plate in the Towns of Sheffield or Birmingham respectively, shall mark, or permit or suffer to be marked, any Ware of base Metal with any Die or other Instrument used or to be used by any such Company for marking Gold or Silver Wares to denote that the same is of the Standard allowed and required by Law, every such Company of Goldsmiths or Guardians aforesaid to which any such Assayer or Officer shall belong or by whom such Person shall be employed shall for every such Offence forfeit and pay to Her Majesty the Sum of Twenty Pounds, which may be sued for and recovered in such and the like Manner as Penalties recoverable under any Act in force relating to Stamp Duties are to be sued for and recovered by law; and every such Assayer or other Officer or Person employed as aforesaid, upon Complaint or Information made thereof by any Officer of Stamp Duties to any Justice of the Peace having Jurisdiction where any such Offence shall be committed, upon the Oath of One or more credible Person or Persons (which Oath such Justice is hereby empowered and required to administer), and upon being convicted thereof by or before such Justice, shall be by him forthwith dismissed and discharged from his said Office and Employment of or in the Company of Goldsmiths or Guardians aforesaid to or in which he shall have so belonged or been so employed as aforesaid, and shall be incapable for ever afterwards of holding any Office or Employment either in or under the same or any other of the Companies of Goldsmiths or Guardians aforesaid; and every Ware of base Metal so marked as last aforesaid, when found in the Possession of any Dealer, or of any Officer of the Companies of Goldsmiths or Guardians aforesaid, shall and may be lawfully seized by any of the said Companies of Goldsmiths or Guardians aforesaid, other than the Company to which the offending Officer belongs, or by whom he is employed, and shall be dealt with as herein-after is provided.

VIII. And be it enacted, That every Dealer in Gold or Silver Wares who shall enter his private Mark under the Laws now in force with any of the Companies of Goldsmiths or Guardians aforesaid, shall at the time he so enters his private Mark at the Hall or Office of any such Company give to the Officer there appointed to take the Entry of his said private Mark the Particulars of every House, Shop, and other Place in which he shall or may carry on or transact any Part of his said Trade or Business, and in which he shall or may deposit or keep any Gold or Silver Wares, as well as the Place of his Abode, in order that an Entry may be made at such Hall or Office of every such House, Shop, and other Place as aforesaid ; and every such Dealer in Gold or Silver Wares shall from Time to Time enter in like Manner at such Hall or Office of any of the Companies of Goldsmiths or Guardians aforesaid where his private Mark has already been or may hereafter be entered the Particulars of every House, Shop, and other Place in which he shall or may from Time to Time transact or carry on any Part of his said Trade or Business, or in which he shall or may from Time to Time keep or deposit any Gold or Silver Wares, in order that an Entry may from Time to Time be made at such Hall or Office of every such House, Shop, and other Place as aforesaid ; and every such Dealer in Gold or Silver Wares who shall fail, neglect, or refuse to give any such Particulars as aforesaid, and to cause such Entry of the same to be made as aforesaid, shall for every such Offence forfeit and pay the Sum of Five Pounds, which may be sued for and recovered in the Manner herein-after provided by the Company of Goldsmiths or Guardians aforesaid in respect whereof such Default shall have been made.

IX. And be it enacted, That every Dealer in Gold or Silver Wares who shall fraudulently erase, obliterate, or deface, or fraudulently cause to be erased, obliterated, or defaced, from any Ware of Gold or Silver, any Mark of any Die, Punch, or other Instrument used or to be used by any oi the several Companies of Goldsmiths or Guardians aforesaid for the marking or stamping of Gold or Silver Wares, or any private Mark of any Dealer in Gold or Silver Wares, shall for every such Offence forfeit and pay the Sum of Five Pounds, which may be sued for and recovered by any of the several Companies of Goldsmiths or Guardians aforesaid respectively in the Manner hereinafter provided.

X. And be it enacted, That the several pecuniary Forfeitures and Penalties imposed by this Act shall and may be sued for and recovered, with full Costs of Suit, in any of Her Majesty's Courts of Record at Westminster, by Action of Debt, Bill, Plaint, or Information in the Name of any Master, Warden, Assayer, Clerk, or other Officer of any of the said several Companies respectively entitled to sue for or recover the same, or where the Penalty shall be forfeited to Her Majesty in the Name of the Attorney General, or by Information in the Name of any such Officer, or where the Penalty shall be forfeited to Her Majesty in the Name of an Officer of Stamp Duties, before a Justice of the Peace, in like Manner as any Penalty may be recovered before any such Justice by any Officer of Stamp Duties; and every such Penalty which shall be sued for and recovered in the Name of any Officer of the said several Companies respectively shall go and be paid wholly to the Company to which such Officer shall belong, to be applied by such Company in defraying the Expenses of their Assay Office, and of detecting and prosecuting Offenders against this Act.
XI. And be it enacted, That whenever any of the said several Companies of Goldsmiths or Guardians aforesaid shall have reasonable or probable Cause to suspect that any Dealer in Gold and Silver Wares hath concealed or deposited in any House, Shop, or Place, or hath possession of any Wares of Gold or Silver which ought to be marked with any of the Marks provided or used pr to be provided or used by any of the said Companies of Goldsmiths or Guardians respectively, for marking or stamping Gold or Silver Wares, and not so marked, or hath concealed or deposited as aforesaid, or hath possession of any such forged or counterfeit Die or other Instrument, or any Ware of Gold or Silver, or Ware of base Metal, having thereupon any Mark of any such forged or counterfeited Die or other Instrument as aforesaid, or having thereupon any forged or counterfeited Mark of any Die or other Instrument provided or used or to be provided or used as aforesaid, or any Mark which shall have been so transposed or removed thereto as aforesaid, it shall be lawful for any Justice of the Peace having Jurisdiction where any or either of such Offences shall be suspected to be committed, and such Justice is hereby required, upon Information or Complaint made of any such reasonable or probable Cause of Suspicion, by or on behalf of any of the several Companies of Goldsmiths or Guardians aforesaid, and upon the Oath of One or more credible Person or Persons (which Oath such Justice is hereby empowered and required to administer), to grant a Warrant under his Hand directed to any One or more of the Officers of any of the several Companies of Goldsmiths or Guardians aforesaid, together with any Constable or other Peace Officer named in such Warrant, authorizing and empowering such Officer of the said Companies respectively, and such Constable or other Peace Officer as aforesaid, with necessary and proper Assistance, to enter in the Daytime into any such House, Shop, or Place as aforesaid, or any other House, Shop, or Place of any such suspected Person, and to search the same, and to seize and take away every such forged or counterfeited Die or other Instrument and every such Ware as aforesaid, which shall there be found; and all Constables and other Peace Officers shall and they are hereby required to be aiding and assisting in the Execution of every such Warrant as aforesaid; and every such forged and counterfeited Die or other Instrument, and every such Ware as aforesaid, so there found, seized, and taken, shall and may be dealt with as herein-after is provided: Provided always, and it is hereby declared, that nothing in this Act contained shall authorize the Search for or Seizure of any Wares which by the Laws now in force are not required to be marked or stamped by any of the Companies of Goldsmiths or Guardians aforesaid, or any of the Wares following; namely, Watch Rings, Watch Keys, Watch Hooks, Earrings, Necklaces, Eyeglasses, Spectacles of Gold, Shirt Pins or Studs, Bracelets, Head Ornaments, Waist Buckles.

XII. And be it enacted, That every Die, Punch, or other Instrument which shall or may be lawfully seized or taken under this Act by the said Company of Goldsmiths in London, or by any of the several Companies of Goldsmiths or Guardians aforesaid, or by any Officer of any of the said Companies respectively, shall be broken, detained, and destroyed by such Company; and every such Ware so seized or taken as aforesaid, if it shall be shown to the Satisfaction of the Court or Justice or Justices before whom Proceedings shall be had in respect of such Ware that the same has been lawfully seized and taken under the Provisions of this Act, shall be broken and defaced; and in case it shall be shown to the Satisfaction of such Court or Justice or Justices that the Dealer from whom the same shall have been so seized or taken had such Ware in his Possession, knowing the same to be marked with a forged or counterfeit Die or other Instrument, or knowing the Mark thereupon to be forged, counterfeit, imitated, transferred, or removed, or knowing such Ware to have been altered, changed, or added to as aforesaid (the same or the Addition thereto not having been assayed or marked as required by this Act), or knowing such Ware to be of base Metal, then and in every such Case, and likewise in every Case in which such Ware has been seized or taken from any Officer of any Company of Goldsmiths or Guardians aforesaid as being of base Metal, and fraudulently marked, every such Ware so broken and defaced shall be melted and the Metal thereof shall be sold and disposed of, and the Produce thereof shall be entered in the Book of Account of Receipts and Payments relating to the Assay Office belonging to the said Company by whom or by whose Officer such Ware shall have been so seized or taken, and shall be applied towards defraying the general Expenses of the Assay Office of such Company, and in the Prosecution of Offenders under this Act; and, save and except as aforesaid,-every such Ware so seized and taken, or broken and defaced, shall be given back to the Dealer from whom it shall have been so seized and taken.

XIII. And be it enacted, That all Actions and Prosecutions which shall be brought or commenced against any Person for anything done in pursuance or under the Authority of this Act shall be commenced and prosecuted within Three Calendar Months next after the Fact committed, and not afterwards, and shall be brought and tried in the County or Place where the Cause of Action shall arise, and not elsewhere; and Notice in Writing of such Action, and of the Cause thereof shall be given to the Defendant One Calendar Month at least before the Commencement of the Action; and the Defendant in such Action may plead the General Issue, and give this Act and any other Matter or Thing in Evidence at any Trial to be had thereupon ; and if the Cause of Action shall appear to arise from any Matter or Thing done in pursuance and by the Authority of this Act, or if any such Action shall be brought after the Expiration of such Three Calendar Months, or shall be brought in any other County or Place than as aforesaid, or if Notice of such Action shall not have been given in manner aforesaid, or if Tender or sufficient Amends shall have been made before such Action commenced, or if a sufficient Sum of Money shall have been paid into Court after such Action commenced, by or on behalf of the Defendant, the Jury shall find a Verdict for the Defendant; and if a Verdict shall pass for the Defendant, or if the Plaintiff shall become Nonsuit, or shall discontinue any such Action, or if, on Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall recover his full Costs of Suit as between Attorney and Client, and shall have the like Remedy for the same as any Defendant may have for Cost of Suit in other Cases at Law; and, although a Verdict shall be given for the Plaintiff in any such Action, such Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shall be had shall at the Time of such Trial certify in Writing his Approbation of the Action, and of the Verdict obtained thereupon.

XIV. And for the better Interpretation of this Act, and to avoid the frequent Use of divers Terms and Expressions, be it enacted, That the following Terms and Expressions shall have the several Interpretations herein-after respectively set forth; (that is to say,) the Term "base Metal" shall mean any Metal whatsoever other than Gold or Silver of the respective Standards required by Law; and the Term "Dealer in Gold or Silver Wares" shall mean and include every Goldsmith and Silversmith, and every Worker, Maker, and Manufacturer of and Trader and Dealer in Gold or Silver Wares; and the Term " Die " shall mean and include any Die, Plate, Tool, or Instrument whatever, by means whereof any Mark can or shall be made upon any Metal whatsoever; and the Term " Her Majesty " shall mein and include Her Majesty, Her Heirs and Successors; and the Term "Mark" shall mean and include any Mark, Stamp, or Impression of and made with any Die or other Instrument, or produced by any other Means whatsoever upon any Metal whatsoever : and the Term "Ware " shall mean and include any Plate, Vessel, Article, or Manufacture of any Metal whatsoever; and whenever in this Act, with reference to any Person or Matter or Thing, or to any Persons or Matters or Things, the Singular or Plural Number or the Masculine Gender only is expressed, such Expression shall be understood to include several Persons or Matters or Things as well as one Person or Matter or Thing, and one Person Matter or Thing as well as several Persons or Matters or Things, Females as well as Males, Bodies Politic or Corporate as well as Individuals, unless it be otherwise specially provided, or the Subject or Context be repugnant to such Construction.

XV. And whereas all Gold Wares of the Standard or Fineness of Twenty-two Carats of fine Gold in every Pound Troy assayed by any of the said Companies of Goldsmiths and Guardians are by certain Statutes now in force required to be marked with the same Mark as that with which all Silver Wares of the Standard or Fineness of Eleven Ounces and Two Pennyweights, assayed as aforesaid, are required to be marked, (that is to say,) with the Figure of the Lion passant, in order to denote the Standards thereof respectively, whereby great Facilities to Frauds are afforded, and extensive Frauds have been committed by Dealers in Gold and Silver Wares; and it is expedient that all Gold Wares of the Standard or Fineness aforesaid, and so assayed as aforesaid, should be marked by a different Mark, to denote the Standard thereof, from the Mark so used for the said Silver Wares as aforesaid: Be it therefore enacted, That from and after the First Day of October One thousand eight hundred and fortyfour there shall be struck or marked by the said Company of Goldsmiths in London, and by the several Companies of Goldsmiths in the Cities of York, Exeter, Bristol, Chester, and Norwich, and the Town of Newcastle-upon-Tyne, and the Company of Guardians of the Standard of wrought Plate in the Town of Birmingham, upon all Gold Wares of the Standard or Fineness of Twenty-two Carats of fine Gold in every Pound Troy, brought to them respectively to- be assayed, the Mark of a Crown and the Figures 22, instead of the Mark of the Lion passant.

XVI. And be it enacted, That the Rules, Directions, Powers, Privileges, Pains, Penalties, Forfeitures, Causes, Matters, and Things enacted or provided in and by any of the Laws and Statutes of this Realm now in force in relation to the Mark of the Lion passant on Gold Wares of the Standard or Fineness of Twenty-two Carats in the Pound Troy, and assayed as aforesaid, and also in relation to the Die used for making the said Mark of the Lion passant, shall extend to, and be continued, applied, practised, and put in execution in all Cases relating to the said Mark of a Crown and the Figures 22 hereby directed to be used for the Gold Wares aforesaid, and also relating to the said Die to be used for making the said Mark, as fully and effectually to all Intents and Purposes, as if the same Rules, Directions, Powers, Privileges, Pains, Penalties, Forfeitures, Causes, Matters and Things were again particularly repeated and enacted in and by the present Act, anything in the Statutes now in force or any of them contained to the contrary notwithstanding.

XVII. And be it enacted, That this Act shall not extend to Scotland or Ireland.

XVIII. And be it enacted, That this Act shall come into operation on the First Day of October One thousand eight hundred and forty-four.

XIX. And be it enacted, That this Act may be amended or repealed by any Act to be passed during this present Session of Parliament.

B.
17 and 18 Victoria, c. 96, August, 1854. An Act for allowing Gold Wares to be manufactured at a lower Standard than that now allowed by Law, and to amend the Law relating to the Assaying of Gold and Silver Wares.
Whereas it is expedient that Gold of Standards inferior to those now allowed by Law should be permitted to be used in Manufactures of Gold, and that Provision should be made for authorizing such lower Standards: Be it therefore enacted by the Queen'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, as follows:

I. It shall be lawful for Her Majesty, by any Order or Orders to be from Time to Time made by and with the Advice of Her Privy Council, to order that any Gold Vessel, Plate, or Manufacture of Gold may be wrought of any Standard not being less than One Third Part in the whole of Fine Gold, to be declared in any such Order, and also to approve thereby of the Instrument with which Gold Vessels, Plate, and Manufactures of Gold shall be marked or stamped, setting forth in Figures the actual fineness thereof, according to the Standard so declared; and every such Gold Vessel, Plate, and Manufacture of Gold may be wrought accordingly; and it shall be lawful for Her Majesty, by and with the Advice aforesaid, to revoke or alter from Time to Time any such Order as aforesaid.

II. Workers or Dealers in Gold or Silver may register their Names, Marks, and Places of Abode at any Assay Office or Offices established by Law which they may select, and may thereupon have the Wares which are manufactured by them assayed and marked at such Office or Offices, without being liable to any Forfeiture or Penalty imposed by any Act now in force for not registering their Names, Marks, or Places of Abode, or for making, selling, or exporting such Wares without being marked at a particular Assay Office, and the Wares which shall be assayed as aforesaid may be sold or exposed by any Person without being liable to any Forfeiture or Penalty, notwithstanding any Provision to the contrary in any Act now in force.

III. If any of the Gold Wares which by any Statute now in force are not liable to be assayed and marked shall nevertheless be assayed and marked as of One of the Standards authorized by Law, such Wares shall not by reason thereof be chargeable with the Duty now levied upon Gold Plate.

IV. Nothing in this Act contained shall be deemed or taken to repeal the Statutes now in force relating to Standards of Gold Wares, or to the Marks for denoting the same, or any of such Statutes, but the same, and all the Provisions, Prohibitions, Penalties, and Forfeitures enacted thereby respectively, shall continue to be in as full Force and Effect as if this Act had not passed, and shall be construed with and as forming Part of this Act, save only that in the Interpretation thereof all Standards authorized by Her Majesty in pursuance of this Act shall be deemed and taken to be lawful standards; and all Gold Vessels, Plate, and Manufactures wrought in conformity with this Act shall be deemed and taken to be lawfully wrought within the Meaning of the said Statutes ; and all Gold Vessels, Plate, and Manufactures duly assayed and marked in conformity with this Act, and being of the Standard duly authorized in pursuance of the same, shall be deemed and taken to be lawfully assayed and marked within the Meaning of the same Statutes respectively.

V. If any Assayer or other Officer or Person employed by any Company or Corporation authorized to assay and mark Gold Vessels, Plate, or Manufactures of Gold shall mark or permit or suffer to be marked any Gold Vessel, Plate, or Manufacture of Gold of a lower Standard with any Die or other Instrument used by any such Company or Corporation for marking Gold Vessels, Plate, or Manufactures of Gold of a higher Standard, every such Company or Corporation to which such Assayer or Officer shall belong or by which such Person shall be employed shall for every such Offence forfeit and pay to Her Majesty the Sum of Twenty Pounds, which may be sued for and recovered in such and the like Manner as Penalties recoverable under any Act in force relating to Stamp Duties are to be sued for and recovered by Law; and every such Assayer or other Officer or Person employed as aforesaid, upon Complaint or Information made thereof by any Officer of Stamp Duties to any Justice of the Peace having Jurisdiction where any such Offence shall be committed, upon the Oath of One or more credible Person or Persons (which Oath such Justice is hereby empowered and required to administer), and upon being convicted of such Offence by or before such Justice, shall be by him forthwith dismissed and discharged from his said Office and Employment of or in the Company or Corporation to or in which he shall have so belonged or been so employed as aforesaid, and shall be incapable for ever afterwards of holding any Office or Employment in or under the same or any other such Company or Corporation; and every Gold Vessel, Plate, and Manufacture of Gold of a lower Standard so marked as last aforesaid shall and may be lawfully seized by any such Company or Corporation other than the Company or Corporation to which the offending Officer or Person belongs or by whom he is employed, and shall be dealt with in like Manner as is provided with respect to Wares seized by virtue of the Provisions of the Act of the Seventh and Eighth Years of the Reign of Her present Majesty, Chapter Twenty-two.

C.
30 and 31 Victoria, c. 90, August, 1867. An Act to alter certain Duties, and to amend the Laws relating to the Inland Revenue.

Be it enacted by the Queen'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, as follows:
As to Excise.
1. In lieu of the Duties now payable in Great Britain on Licences to Persons trading in, vending, or selling Gold or Silver Plate, and in Ireland on Licences to Persons to sell or make Gold or Silver Plate, there shall from and after the Fifth Day of July One thousand eight hundred and sixtyseven be charged and paid the following Excise Duties on Licences to deal in Plate to be taken out yearly in the United Kingdom by the Persons herein-after mentioned; (that is to say,) By every Person who shall trade in or sell any Article composed wholly or in part of Gold or Silver, in respect of every House, Shop, or other Place in which his Trade or Business shall be carried on–
Where the Gold shall be above Two Pennyweights and under Two Ounces in Weight, or the Silver above Five Pennyweights and under Thirty Ounces in Weight, the Sum of Two Pounds Six Shillings;
Where the Gold shall be of the Weight of Two Ounces or upwards, or the Silver of the Weight of Thirty Ounces or upwards, the Sum of Five Pounds Fifteen Shillings: By every Person duly licensed as a Hawker, Pedlar, or Petty Chapman who shall sell in the ordinary Course of his trading as a Hawker, Pedlar, or Petty Chapman any Article composed wholly or in part of Gold or Silver, the same Duties as above mentioned according to the Weight of the Gold or Silver: By every Pawnbroker who shall trade in or sell any Article composed wholly or in part of Gold or Silver, or who shall take in Pawn, or deliver out of Pawn, any such Article in respect of every House, Shop, or other Place in which his Trade or Business shall be carried on, the Sum of Five Pounds Fifteen Shillings: By every Refiner of Gold or Silver in respect of every House, Shop, or other Place as aforesaid, the Sum of Five Pounds Fifteen Shillings.

2. The Duties granted by this Act on Licences to deal in Plate and the said Licences shall be Excise Duties and Licences, and shall be under the Management of the Commissioners of Inland Revenue, and all the Powers, Provisions, Clauses, Regulations, and Directions contained in or imposed by any Act relating to Excise Duties or Licences, or to Penalties under Excise Acts, and now or hereafter in force, shall respectively be of full Force and Effect with respect to the Duties by this Act granted, and the Licences relating thereto, and to the Penalties hereby imposed, so far as the same are applicable, and shall be observed, applied, and enforced for and in the collecting, securing, and recovering of the said last-mentioned Duties and Penalties hereby granted and imposed respectively, and the granting and Management of the said Licences, and otherwise in relation to the said Duties, Penalties, and Licences, so far as the same shall be consistent with and not superseded by the express Provisions of this Act, as fully and effectually as if the same had been herein repeated and specially enacted with reference to the said last mentioned Duties, Penalties, and Licences respectively.

3. Every Person who shall do any Act, or carry on any Trade or Business for which a Licence to deal in Plate is required by this Act, without having in force a proper Licence authorizing him so to do, shall for every Offence forfeit the Sum of Fifty Pounds; and in any Proceeding for the Recovery of such Penalty it shall be sufficient to allege that the Defendant did deal in Plate without a proper Licence in that Behalf, and it shall not be necessary further or otherwise to describe the Offence.

4. No Licence to deal in Plate shall be necessary to enable any Person to trade in, or sell, or to take in Pawn, or deliver out of Pawn, Gold or Silver Lace, or Gold or Silver Wire, Thread, or Fringe.

5. All Articles sold or offered for Sale, or taken in Pawn or delivered out of Pawn, and alleged to be composed wholly or in part of Gold or Silver, shall, for the Purposes of this Act, be deemed and taken to be composed of Gold and Silver respectively as alleged; and if upon the Hearing of any Information for any Offence against this Act any Question shall arise touching the Quantity of Gold or Silver contained in any Article the Proof of such Quantity shall lie upon the Defendant.

6. Every Licence to deal in Plate taken out under this Act shall be dated the Day on which the same shall be granted, and shall expire on the Fifth Day of July next after the granting of the same: Provided that every Person who at the Time of the passing of this Act shall be the Holder of a Licence to sell or make Gold or Silver Plate in Ireland, expiring on the Fifth Day of January in the Year One thousand eight hundred and sixty-eight, shall, if he shall take out a Licence to deal in Plate under this Act at any Time before the First Day of February in the same Year, be entitled to have the same upon Payment of One Half the Duty chargeable upon such Licence under this Act.

7. The several Sections and Parts of Sections of the Acts specified in the Schedule A.* to this Act annexed shall be repealed, save as to any Duties due or in arrear, and as to any Penalties incurred on or before the passing of this Act.

Trev