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miffioners for licencing Hawkers, Pedlars and petty Chapmen, Duty, how to be not exceeding three, or any Person or Persons authorized or paid. deputed by them, or the major part of them, in Writing under their Hands and Seals, one Moiety of the Duty by this Act payable for the same, and give Security by Bond, with one or more sufficient Sureties, to be taken in His Majesty's Name, for the true Payment of the other Moiety of the said Duties at the End of fix Calendar Months, unless the Party shall choose to pay down the other Moiety of the said Duty, in which Cafe he or she shall be allowed after the Rate of two Shillings in the 2s. in the Pound Pound for prompt Payment of the same, and thereupon a Licence for prompt Payshall be granted for him or her so to travel or trade, by the said went. Commissioners to be appointed pursuant to this Act, or any two or more of them.

III. And be it further enacted, That if any such Hawker, Hawkers, &c. Pedlar or petty Chapman, from and after the said four and twen- trading without tieth of June "One thousand fix hundred ninety eight, be found Licence. trading as aforesaid, without or contrary to such Licence, such Person shall, for each and every such Offence, forfeit the Sum Penalty. of twelve Pounds, the one Moiety thereof to the Informer, and the other Moiety thereof to the Poor of the Parish wherein such Offender shall be discovered ; and that if any Person so trading, upon Demand made by any Justice of the Peace, Mayor, Conftable or other Officer of the Peace of any Town Corporate or Borough, where he or she shall fo trade, shall refuse to produce Refusing to proand thew unto such Justice of Peace, Mayor, Constable or other duce Licence. Officer of the Peace, his or her Licence for fo trading, to be granted as aforesaid, that then the Person fo refuting hall forfeit Penalty. five Pounds to be paid to the Church wardens of the Parish where such Demand shall be made, to the Use of the Poor of the fame, and for Nonpayment thereof, shall suffer as a common Vagrant, and be committed to the House of Correction.

IV. And be it enacted by the Authority aforesaid, That it Commissioners shall and may be lawful for the faid Commissioners to be appointed to fign Licences pursuant to this Act, or any two or more of them, and they are

to Hawker, &c. hereby directed, appointed and required, upon the Terms aforefaid, and upon the Receipt and Security given, as aforesaid, to grant a Licence, to be by them subscribed, to every Hawker, Pedlar, petty Chapman, or any other trading Perfon, for him or herself, or for him or herself with one or more Horses, Alles or Mules, or other Beast, which he or she shall travel with, as the Cafe shall require, for which Licence there hall be taken only one Shilling, unless fuch Hawker, Pedlar or petty Chap- Fees for Liman, shall travel with Horse, Ass or Mule, or other Beast of cences. Burden, and in that Case there hall be paid for such Licence only two Shillings, over and above the Duties aforesaid, and no more; and that the said Commissioners to be appointed pur- Account to be suant to this Act, thall keep a separate and dillinct Account of the kept of Duties, Duties granted by this Act, and pay the Money arising thereby and paid weekly into His Majesty's Exchequer, upon Wednejday in every Week, into the Exche

quer. unless a Holiday, and if it be a Holiday, then on the Day next after that is not a Holiday; and upon Neglect or Refusal of Officer neglectthe fame, shall incur the Penalties, Forfeitures, Damages and ing. Colts, as other the Officrrs of the Excheqer hereinafter men- Penalty tioned thall be liable uuto; which Money, so paid in, hall Vol. VI. K

be

Sic.

cence.

be applied to the Uses hereinafter mentioned by this Act ; that is to say, to pay Interest for the said Transport Debt, after the Rate of five Pounds per Centum for one whole Year, and fo proportionably for any greater or leffer Sum.

V. And be it enacted further * by the Authority aforefaid, Forging or coun. That if any Person or Persons whatsoever shall forge or counterterfeiting Li.

feit any Licence or Licences, or travel with such forged or coun,

terfeited Licences, for the purposes aforesaid, fuch Person shall Penalty. forfeit the Sum of fifty Pounds; one Moiety thereof to the King,

the other Moiety to him that Mail prosecute or sue for the same, to be recovered by Action of Debt, Bill, Plaint or Information, in any of His Majesty's Courts of Record at Westminster, in which no Esoin, Protection, Wager of Law, or more than one Imparlance, shall be allowed, and shall be subject to such other Pains and Penalties as may be inflicted on Persons for Forgery.

VI. And be it further enacted by the Authority aforesaid, That if any Person or Persons shall be sued, molested or troubled, for putting in Execution any the Powers contained in this

Act, or for doing any Matter or Thing pursuant thereunto, General Issue. such Person or Persons shall and may plead the General Issue,

Not Guilty, and give the special Matter in Evidence ; and if the
Plaintiff or Plaintiffs shall be nonfuited, or Judgment be given

against him or them upon Demurrer, or a Verdict pass for the Treble Cofts. Defendant, fuch Defendant shall have his or their Treble Cofts,

to be recovered in such Manner as where by Law Costs are given

to Defendants. Constable, &c. VII. And be it further enacted by the Authority aforesaid, refuting to aflist. That if any Constable, Headborough or other Officer or Officers

aforesaid, shall refuse or neglect, upon due Notice, or on their own View, to be aiding and asisting in the Execution of this Act, being thereunto required, and each and every such Officer or Officers being thereof convicted by the Oath of one or more cre. dible Witness or Witnesses, before any Justice of the Peace for

the County or Place where such Offence shall be committed, shall Pedalty. forfeit for each and every such Offence, contrary to this Act,

the Sum of forty Shillings, to be levied by Distress and Sale of the Offender's Goods, by Warrant under the Hand and Seal of such Justice of the Peace; the one Moiety to the Poor of the Parish where such Offence shall be committed, the other Moiety to the Informer who fall profecute for the fame, rendring the

Overplus thereof to the Owner, if any be. II.aker, &c.

VII. And it is further enacted by the Authority aforesaid, may be detained That it shall and may be lawful for any Person or Persons whattill he produce

-soever, to seize and detain any such Hawker, Pedlar, petty Licence.

Chapman, or other trading Person or Persons, as aforesaid, till such Time as he, le or they shall produce a Licence in that

Behalf, if he, she or they have any, or if he, she or they shall Trading without be found trading without a Licence, contrary to this Ad, for Licence, such reasonable Time as he, she t or they may give Notice

to the Constable, Headborough, Tythingmen, Churchwardens, Si.

Overseers of the Poor, or some other Parish Officer or Officers, who are hereby required to carry such Person or f Persons só seized before some of His Majesty's Justices of the Peace of the County or Place where such Offence or Offences shall be committed ; which said Justice of the Peace is hereby authorized

+ Sic,

and strictly required, either upon Confession of the Party offend- Penalty.
ing, or due Proof by Witness upon Oath (which he is hereby
impowered to adminifter) that the Person fo brought before him
had so traded as aforesaid, and that no such Licence shall be
produced by such Offender before the said Justice, by Warrant
under his Hand and Seal, to cause the said Sum of twelve Pounds
to be forth with levied by Distress and Sale of the Offender or
Offenders Goods, Wares or Merchandizes, rendring the Over-
plus, if any be, to the Owner or Owners thereof, after true
Deduction of the reasonable Charge for taking the said Distress,
and out of the said Sale to pay the said respective Penalties
and Forfeitures aforesaid.

IX. Provided always and be it enacted, That this Act or any persons and Thing herein contained, shall not extend to prohibit any Persons Things ex- · from selling of any Acts of Parliament, Forms of Prayer, Pro- empted. clamations, Gazettes, licenced Almanacks, or other printed Papers licenced by Authority, or any Fish, Fruits or Victuals; nor to hinder any Person or Persons. who are the real Workers or Makers of any Goods or Wares within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, or his, her or their Children, Apprentices, Agents or Servants, to such real Workers or Makers of such Goods or Wares only, from carrying abroad, exposing to Sale, or selling any of the said Goods and Wares of his, her or their own making, in any publick Mart, Fairs, Markets or elsewhere ; nor any Tinkers, Coopers, Glaziers, Plummers, Harness Menders, or other Perfons usually trading in mending Kettles, Tubs, Houfhold Goods, or Harness whatsoever, from going about and carrying with him or them proper Materials for mending the same.

X. Provided also and it is further enacted by the Authority Register of aforesaid, That there shall be provided and kept in His Majesty's Monies to be Exchequer, that is to say, in the Office of the Auditor of Re kept diftinct. ceipts, one Book or Register, in which all Monies that shall be paid into the Exchequer by virtue of this Act shall be entred, registred, and kept apart and distinct from all other Monies paid or payable to His Majesty, or upon any other Branch of His Majefty's Revenue, or upon any other Account whatsoever.

XI. Provided, and it is further enacted by the Authority afore- Officers diverto faid, That if any Officer in the Exchequer shall divert or misap- ing or misapplyply any of the Monies that shall be paid into the Exchequer by ing the Monies. virtue of this Act, to any other Uses or Purposes than are hereby directed, then such Officer so offending shall forfeit his Office Penalty. in the Exchequer, and be incapable of any Office or Place of Trust, and shall be liable to pay the Treble Value of any Sum or Sums of Money so diverted or misapplied to any of the Persons thereby grieved, their respective Executors, Administrators or Assigns, who will sue for the same by any Action of Debt, Bill, Plaint or Information, in any of His Majesty's Courts of Record at Westminster, wherein no Effoin, Protection, Wager of Law, Privilege of Parliament or other Privilege, or more than one Imparlance, shall be granted or allowed ; and all orders and Warrants for issuing, paying or disposing any of the Monies to be raised by virtue of this Act, contrary to the true Intent and Meaning thereof, shall be utterly void to all Intent's and Purposes whatsoever.

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XII. Pro.

Proviso for fello XII. Provided always, and it is hereby further enacted, That ing Goods in nothing herein contained shall extend or be construed to extend publick Fair, &c. to hinder any Person or Persons from selling or exposing to Sale

any Sorts of Goods or Merchandizes in any publick Mart, Market
or Fair within the Kingdom of England, Dominion of Wales,
and Town of Berwick upon Tweed, but that such Person or Per-
fons may do therein as they lawfully might have done before the
making of this Act: any Thing herein contained to the contrary
notwithstanding
“ If Duties amount to more than sufficient to pay the Interest
" of the Transport Debt, Surplus to remain in the Exchequer,
“ and not be disposed of but by Parliament. 13. Commif.

“ fioners, their Clerks, &c. may be paid out of the Duties. ♡ 14. Proviso, as to XV. Provided always, and be it further enacted by the AuthoHawkers, &c. rity aforesaid, That this Act, or any Thing contained therein, felling its Cities, fhall not extend, or be construed to extend, to give any Power

for the licencing of any Hawker, Pedlar or petty Chapman, to
fell, or expose to Sale, any Wares or Merchandizes in any City,
Borough, Town Corporate or Market Town within this Realm,
any otherwise than might have been done before the making of
this Act; any Thing therein contained to the contrary notwith-
itanding.
[The Duties granted by this A& made perpetual, 1 G.1. Slat. 2.
c. 12. 98. and foc as to further Duties and Regulations, 25 G. 3.
1.78. 5 2. and this revived (lo far as not thereby altered
and explained), 29 6. 3. c. 26. $2.]

c.

c. 19.

CAP. XXVIII.
An Act for the exporting Watches, Sword-hilts, and other

Manufactures of Silver. & 8 W. 3.

WH

HEREAS by an Act of Parliament made in the seventh

and eighth Years of His present Majesty King William • the Third, intituled, An A8 to encourage the bringing Plate into

the Mint to be coined, and for the further remedying the ill State + [Sic Rot. fed of the Coin of this Kingdom t, it is amongst other Things so ride Tin]

• enacted, That after the last Day of March then next ensuing,

no wrought Plate of this Kingdom can be shipped off, under • the great Penalties in the said Act contained (a), whereby no · Home-wrought manufactured Plate, though never so beneficial « to the Artificers and Trade of this Kingdom, is permitted to • be exported, which was at that Time a good and wholesome · Law, and tended to the Benefit of the Kingdom, by keeping

• Bullion at Home to be coined: Now forasmuch as by a fuble8&9 W. 3. c. 8. quent Ac made in the eighth and ninth Years of the Reign of

His said Majesty, intituled, An Ad for the encouraging the bring {Sic Rat. fed

ing in of wrought Plate to be coined I, it is therein enacted, vide Tit.)

· That from and after the five and twentieth Day of March One « thousand fix hundred ninety seven, no Goldsmith, Silversmith, • or other Person whatsoever, shall work, make or cause to be • wrought or made any Silver Veffel, Plate or Manufacture of • Silver, less in Fineness than that of eleven Ounces and ten Penny

Weight of fine Silver in every Pound Troy, nor put to Sale the * same until it be marked, as in the faid Ad is directed ;

whereby

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' whereby no Profit can arise to any Person who shall export • such Plate, as hath been or shall be niade pursuant to that Act, • by losing the Charge of the Fashion in melting down the same, • and selling the Silver abroad, the principal Thing aimed at to • be prevented by the firit recited Aet: But on the contrary a

great Benefit may accrue to many Artificers, and to the Kinga • dom in general, by giving Liberty to export Watches, Sword• hilts, wrought Piate, and several other Silver Manufactures • made within this Kingdom, being of the Fineness prescribed ' in the said last recited Act ;' Be it therefore enacted by the King's Most Excellent Majesty, by and with the Advice and Content of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the four and twentieth Day of In what Case June One thousand fix hundred ninety eight, it shall and may

Watches, &c. be lawful to export such Watches, Sword-hilts, wrought Plate, may be exported. and other Silver Manufactures made within this Kingdom, being of the Fineness of eleven Ounces and ten Penny Weight to every Pound Troy, and so proportionably for a greater or lesser Weight, according to the Rules prescribed in the laid last recited Aa, as shall be yearly allowed by the Commislioners of His Majesty's Customs for the Time being, or any three of them ; any Law or Statute to the contrary in any wise notwithstanding. (a) [Qu. Where ?]

II. And whereas great Quantities of empty Boxes, Cafes, • and Dial Plates, for Clocks and Watches, have been exported without their Movements, and in foreign Parts made up

with i bad Movements, and thereon some London Watch-makers Names

engraven, and so are sold abroad for Englis Work ; and also " there have been the like ill Practices in England by divers • Persons, as well b; some professing the Art of Clock and • Watch-making, as others ignorant therein, in putting counter• feit Names, as also the Names of the most known London • Watch-makers, on their bad Clocks and Watches, to the great • Prejudice of the Buyers, and the Difreputation of the said Art ' at Home and Abroad:' For the preventing therefore of all such ill Practices for the future, be it enacted by the Authority aforefaid, That no Person or Persons whatsoever fhall, after the said No Cafe, &c. four and twentieth Day of June, export or send, or endeavour to

Watch shall be export or send out of this Kindom of England, Dominion of Wales,

cxported without or Town of Berwick upon Tweed, any outward or inward Box, the Movement, Case or Dial plate of Gold, Silver, Brass or other Metal for Clock &c. or Watch, without the Movement in or with every such Box, Case or Dial-plate, made up fit for Ule, with the Clock or Watchmaker's Name engraven thereon; nor any Person whatsoever, after the said four and twentieth Day of June, shall make up or cause to be made up any Clock or Watch without engraving or putting, or caufing to be engraven or put, his or her own Name and Place of Abode or Freedom, and no other Name or Place, on every Clock or Watch he or she shall fo make up, or cause to be made up, under the Penalty of forfeiting every such empty Box, Cafe and Dial-plate, Clock and Watch, not made up and engraven as aforesaid, and also for each and every of such Offence Penalty. the Sum of twenty Pounds, one Murity whereof to be to His Majesty, His Heirs and Successors, and the other Moiety shall be

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for Clock

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