miffioners for licencing Hawkers, Pedlars and petty Chapmen, Duty, how to be not exceeding three, or any Perfon or Perfons 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 A&t payable for the fame, and give Security by Bond, with one or more fufficient Sureties, to be taken in His Majefty's Name, for the true Payment of the other Moiety of the faid Duties at the End of fix Calendar Months, unless the Party fhall choose to pay down the other Moiety of the faid Duty, in which Cafe he or the fhall be allowed after the Rate of two Shillings in the 2s. in the Pound Pound for prompt Payment of the fame, and thereupon a Licence for prompt Payfhall be granted for him or her fo to travel or trade, by the faid ment. Commiffioners to be appointed purfuant to this Act, or any two or more of them. III. And be it further enacted, That if any fuch Hawker, Hawkers, &c. Pedlar or petty Chapman, from and after the faid four and twen- trading without tieth of June One thoufand fix hundred ninety eight, be found Licence, trading as aforefaid, without or contrary to fuch Licence, fuch Perfon fhall, for each and every fuch 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 fuch Offender fhall be difcovered; and that if any Perfon fo 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 fhe fhall fo trade, fhall refufe to produce Refusing to pro and fhew unto fuch Juftice of Peace, Mayor, Conftable or other duce Licence. Officer of the Peace, his or her Licence for fo trading, to be granted as aforefaid, that then the Perfon fo refufing shall forfeit Penalty. five Pounds to be paid to the Churchwardens of the Parish where fuch Demand shall be made, to the Ufe of the Poor of the fame, and for Nonpayment thereof, fhall fuffer as a common Vagrant, and be committed to the Houfe of Correction. IV. And be it enacted by the Authority aforefaid, That it Commiffioners fhall and may be lawful for the faid Commiffioners 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 aforefaid, to grant a Licence, to be by them fubfcribed, to every Hawker, Pedlar, petty Chapman, or any other trading Perfon, for him or herself, or for him or herself with one or more Horfes, Affes or Mules, or other Beaft, which he or the fhall travel with, as the Cafe fhall require, for which Licence there shall be taken only one Shilling, unlefs fuch Hawker, Pedlar or petty Chap- Fees for Liman, fhall travel with Horfe, Afs or Mule, or other Beaft of cences. Burden, and in that Cafe there fhall be paid for fuch Licence only two Shillings, over and above the Duties aforefaid, and no more; and that the faid Commiffioners to be appointed pur- Account to be fuant to this Act, fhall keep a separate and diftinct Account of the kept of Duties, Duties granted by this Act, and pay the Money arifing thereby and paid weekly into His Majefty's Exchequer, upon Wednejiday in every Week, into the Exche unless a Holiday, and if it be a Holiday, then on the Day next quer. after that is not a Holiday; and upon Neglect or Refufal of Officer neglectthe fame, fhall incur the Penalties, Forfeitures, Damages and ing. Cofts, as other the Officers of the Exchequer hereinafter men- Penalty tioned fhall be liable unto; which Money, fo paid in, fhall VOL. VI. K be * Sic. Forging or counterfeiting Li cence. Penalty. General Iffue. Treble Cofts. Conftable, &c. be applied to the Ufes hereinafter mentioned by this Act; that is to fay, to pay Intereft for the faid 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, That if any Perfon or Perfons whatfoever fhall forge or counterfeit any Licence or Licences, or travel with fuch forged or counterfeited Licences, for the Purposes aforefaid, fuch Perfon fhall forfeit the Sum of fifty Pounds; one Moiety thereof to the King, the other Moiety to him that fhail profecute or fue for the fame, to be recovered by Action of Debt, Bill, Plaint or Information, in any of His Majefty's Courts of Record at Westminster, in which no Effoin, Protection, Wager of Law, or more than one Imparlance, fhall be allowed, and fhall be fubject to fuch other Pains and Penalties as may be inflicted on Perfons for Forgery. VI. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons fhall be fued, molefted or troubled, for putting in Execution any the Powers contained in this Act, or for doing any Matter or Thing pursuant thereunto, fuch Perfon or Perfons fhall and may plead the General Iffue, Not Guilty, and give the fpecial Matter in Evidence; and if the Plaintiff or Plaintiffs fhall be nonfuited, or Judgment be given against him or them upon Demurrer, or a Verdict pafs for the Defendant, fuch Defendant fhall have his or their Treble Costs, to be recovered in fuch Manner as where by Law Costs are given to Defendants. VII. And be it further enacted by the Authority aforefaid, refusing to aflift. That if any Conftable, Headborough or other Officer or Officers aforesaid, fhall refufe or neglect, upon due Notice, or on their own View, to be aiding and affifting in the Execution of this Act, being thereunto required, and each and every fuch Officer or Officers being thereof convicted by the Oath of one or more credible Witnefs or Witneffes, before any Juftice of the Peace for the County or Place where fuch Offence shall be committed, fhall forfeit for each and every fuch Offence, contrary to this Act, the Sum of forty Shillings, to be levied by Diftrefs and Sale of the Offender's Goods, by Warrant under the Hand and Seal of fuch Justice of the Peace; the one Moiety to the Poor of the Parish where fuch Offence fhall be committed, the other Moiety to the Informer who fhall profecute for the fame, rendring the Overplus thereof to the Owner, if any be. Penalty. Hawker, &c. may be detained till he produce Licence. Trading without Licence. + Sic. Sic. VIII. And it is further enacted by the Authority aforefaid, That it fhall and may be lawful for any Perfon or Perfons whatfoever, to feize and detain any fuch Hawker, Pedlar, petty Chapman, or other trading Perfon or Perfons, as aforefaid, till fuch Time as he, fhe or they fhall produce a Licence in that Behalf, if he, fhe or they have any, or if he, fhe or they fhall be found trading without a Licence, contrary to this Act, for fuch reafonable Time as he, fhet or they may give Notice to the Conftable, Headborough, Tythingmen, Churchwardens, Overfeers of the Poor, or fome other Parish Officer or Officers, who are hereby required to carry fuch Perfon or Perfons fo feized before fome of His Majefty's Juftices of the Peace of the County or Place where fuch Offence or Offences shall be committed; which faid Juftice of the Peace is hereby authorized and strictly required, either upon Confeffion of the Party offend- Penalty. IX. Provided always and be it enacted, That this Act or any Perfons and Thing herein contained, fhall not extend to prohibit any Perfons Things exfrom felling 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 Perfon or Perfons, 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 fuch real Workers or Makers of fuch Goods or Wares only, from carrying abroad, expofing to Sale, or felling any of the faid Goods and Wares of his, her or their own making, in any pub. lick Mart, Fairs, Markets or elsewhere; nor any Tinkers, Coopers, Glaziers, Plummers, Harnefs Menders, or other Perfons ufually trading in mending Kettles, Tubs, Houfhold Goods, or Harness whatfoever, from going about and carrying with him or them proper Materials for mending the fame. X. Provided alfo and it is further enacted by the Authority Register of aforefaid, That there fhall be provided and kept in His Majefty's Monies to be Exchequer, that is to fay, in the Office of the Auditor of Re- kept diftinét. ceipts, one Book or Register, in which all Monies that shall be paid into the Exchequer by virtue of this Act shall be entred, regiftred, and kept apart and diftinct 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 divert faid, That if any Officer in the Exchequer fhall divert or mifap- ing or mifapplyply any of the Monies that fhall be paid into the Exchequer by ing the Monies. virtue of this Act, to any other Ufes or Purposes than are here by directed, then fuch Officer fo offending fhall forfeit his Office Penalty. K 2 Provifo for felling Goods in publick Fair, &c. Provifo, as to Hawkers, &c. XII. Provided always, and it is hereby further enacted, That nothing herein contained fhall extend or be conftrued to extend to hinder any Perfon or Perfons from felling or expofing 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 fuch Perfon or Perfons 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 fufficient to pay the Interest "of the Tranfport Debt, Surplus to remain in the Exchequer, "and not be difpofed of but by Parliament. § 13. Commif"fioners, their Clerks, &c. may be paid out of the Duties. § 14. XV. Provided always, and be it further enacted by the Autho rity aforefaid, That this Act, or any Thing contained therein, felling in 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 expofe 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 notwithftanding. & 8 W. 3. c. 19. + [Sie Rot. fed vide Tit.] [The Duties granted by this A& made perpetual, 1 G. 1. Stat. 2. 6. 12. 8. and fee as to further Duties and Regulations, 25 G. 3. e. 78. § 2. and this A&t revived (fo far as not thereby altered and explained), 29 G. 3. c. 26. § 2.] CAP. XXVIII. An Act for the exporting Watches, Sword-hilts, and other W HEREAS by an Act of Parliament made in the feventh and eighth Years of His prefent Majefty King William the Third, intituled, An A& to encourage the bringing Plate into the Mint to be coined, and for the further remedying the ill State of the Coin of this Kingdom, it is amongst other Things fo enacted, That after the laft Day of March then next enfuing, no wrought Plate of this Kingdom can be shipped off, under the great Penalties in the faid Act contained (a), whereby no Home-wrought manufactured Plate, though never fo beneficial to the Artificers and Trade of this Kingdom, is permitted to be exported, which was at that Time a good and wholefome Law, and tended to the Benefit of the Kingdom, by keeping Bullion at Home to be coined: Now forafmuch as by a fubfe8 & 9 W. 3. c. 8. .quent Act made in the eighth and ninth Years of the Reign of $9. His faid Majefty, intituled, An Act for the encouraging the bringing in of wrought Plate to be coined, it is therein enacted, That from and after the five and twentieth Day of March One thousand fix hundred ninety feven, no Goldfmith, Silversmith, or other Perfon whatfoever, fhall work, make or caufe to be wrought or made any Silver Veffel, Plate or Manufacture of Silver, lefs in Fineness than that of eleven Ounces and ten Penny Weight of fine Silver in every Pound Troy, nor put to Sale the fame until it be marked, as in the faid Act is directed; whereby whereby no Profit can arife to any Perfon who fhall export 'fuch Plate, as hath been or fhall be made purfuant to that Act, by lofing the Charge of the Fashion in melting down the fame, and felling the Silver abroad, the principal Thing aimed at to be prevented by the firit recited Act: But on the contrary a great Benefit may accrue to many Artificers, and to the Kingdom in general, by giving Liberty to export Watches, Swordhilts, wrought Plate, and feveral other Silver Manufactures made within this Kingdom, being of the Fineness prescribed in the faid laft recited A&t;' Be it therefore enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the four and twentieth Day of In what Cafe June One thoufand fix hundred ninety eight, it fhall and may Watches, &c. be lawful to export fuch 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 fo proportionably for a greater or leffer Weight, according to the Rules prefcribed in the faid laft recited Act, as fhall be yearly allowed by the Commiflioners of His Majefty's Customs for the Time being, or any three of them; any Law or Statute to the contrary in any wife notwithstanding. (a) [Qu. Where?] 6 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 'bad Movements, and thereon fome London Watch-makers Names engraven, and fo are fold abroad for English Work; and alfo there have been the like ill Practices in England by divers Perfons, as well by fome profeffing the Art of Clock and Watch-making, as others ignorant therein, in putting counterfeit Names, as alfo 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 faid Art at Home and Abroad:' For the preventing therefore of all fuch ill Practices for the future, be it enacted by the Authority aforefaid, That no Perfon or Persons whatfoever fhall, after the faid No Cafe, &c. four and twentieth Day of June, export or fend, or endeavour to for Clock or Watch fhall be export or fend out of this Kindom of England, Dominion of Wales, exported without or Town of Berwick upon Tweed, any outward or inward Box, the Movement, Cafe or Dial plate of Gold, Silver, Brafs or other Metal for Clock &c. or Watch, without the Movement in or with every fuch Box, Cafe or Dial-plate, made up fit for Ufe, with the Clock or Watchmaker's Name engraven thereon; nor any Perfon whatsoever, after the said four and twentieth Day of June, fhall 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 fhe fhall fo make up, or cause to be made up, under the Penalty of forfeiting every fuch empty Box, Cafe and Dial-plate, Clock and Watch, not made up and engraven as aforefaid, and alfo for each and every of fuch Offence Penalty. the Sum of twenty Pounds, one Meety whereof to be to His Majefty, His Heirs and Succeffors, and the other Moiety fhall be |