Forgery.

town, or place in which such person shall reside, or shall carry on transact his said trade or business, the name and place of abode of th 7 & Vict. c. 22. actual manufacturer of any such ware of gold or silver, or ware of ba

Not to exempt persons from the

consequences of uttering with guilty knowledge.

Where any alterations or addi

tions are made,

ed or added to

shall be again as sayed, and marked as new, and duty

paid upon the whole.

where an addition

metal, or of the person or persons from whom such dealer in go or silver wares bought, had, or received the same respectively, then su dealer in gold or silver wares shall be and he is hereby exempted and di charged from any penalty or forfeiture incurred by reason of his havi so sold or exchanged, or exposed or kept for sale, or exported or importe or attempted to export or import, or having in his possession, any sur ware of gold or silver, or ware of base metal, as aforesaid, any thing her inbefore contained to the contrary thereof notwithstanding: Provid always, that nothing herein contained shall extend to exempt any pers from the legal consequences of uttering or of having in his possession a such ware as aforesaid, knowing the same to be marked with a forged counterfeit die or other instrument, or knowing the mark thereupon to forged, counterfeited, imitated, transposed, or removed, if such knowled shall be duly proved in any criminal prosecution or proceeding agai such person for any such offence."

Sect. 5. "That if any ware of gold or silver which shall have be duly assayed and marked at an assay office of any of the several comp the ware so alter-nies of goldsmiths or guardians aforesaid shall at any time after t passing of this act be altered, either by any addition made thereto otherwise, so that the character or denomination of such ware, or use or purpose for which the same was originally made or design shall be changed, or if any such ware of gold or silver shall at any ti after the passing of this act have any addition made thereto (although character, denomination, use, or purpose shall not be changed by rea of any such addition), the weight of which said addition shall bea greater proportion to the original weight of such ware than four our weight of such addition to every pound troy weight of such orig ware, every such ware so altered or added to as aforesaid shall be ag brought to the assay office of some one of the several companies of g smiths or guardians aforesaid, and shall be assayed and marked as a 1 ware, and as if no part thereof had been before assayed, and notwithsta ing any former assay thereof, or the marks of any such former assay the upon, and the duty shall be paid upon the whole weight of every s ware, and of every addition thereto (if any shall be made or intende be made), without any allowance for the duty which may have been Proviso for cases fore paid upon any such ware, or any part thereof: Provided alwa that if any ware of gold or silver shall have any such addition m thereto as last aforesaid, and the whole weight of such addition m thereto shall not bear a greater proportion to the original weight of s ware than four ounces weight of such addition to every pound t weight of such original ware, and so that the character or denominati use or purpose, of such ware, shall not be changed, it shall be lawfui the company of goldsmiths or guardians at any such assay office to al the addition thereto only to be assayed and marked, and to receive take the duty on the weight of such addition thereto only; provided t before any such addition shall be made thereto the said ware shall brought to such office for the inspection of such company of goldsmi or guardians aforesaid, and the nature and extent of the intended a tions thereto shall be fully explained to such company, and such & Penalty upon any pany shall signify their assent to the making of such addition there dealer altering or and every dealer in gold or silver wares who shall by any means wi ever alter or change the character or denomination of any ware of g bringing same to or silver which shall have been before assayed and marked by and re-marked, or of the several companies of goldsmiths or guardians aforesaid, so t if only of a certain the use or purpose for which the same was originally made or weight, without signed shall be changed, and every dealer in gold or silver wa sent of any com- who shall make or affix, or cause to be made or affixed, to any w of gold or silver which shall have been before assayed and mari

only is made to any ware.

adding to any

ware without

be re-assayed,

procuring the aspany thereto;

Forgery.

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 7 & 8 Vict. c. 22. proportion to the original weight of such ware than four ounces weight of such addition to every pound troy weight of such original ware, withoat 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 hear a greater proportion to the original weight of such ware than four ounces weight f such addition to every pound troy weight of such original ware, withat bringing or sending such last-mentioned gold or silver ware so added as last aforesaid, with every addition intended to be made thereto, to he assay office of some one of the several companies of goldsmiths or pardians aforesaid, for the inspection of the said company, and fully xplaining the nature and extent of the intended addition thereto to the aid 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 and upon every exchange, or expose or keep for sale, or export or attempt to export from dealer selling such England, or shall have in his possession, any such ware of gold or silver ware without the which shall have been so altered, changed, or added to as aforesaid, the marked: ame, or the addition thereto, not having been so assayed and marked as foresaid, shall for every such ware forfeit and pay the sum of 107., which ay be sued for and recovered by any of the several companies of goldths or guardians aforesaid respectively in the manner hereinafter proided: and every such ware of gold or silver, if found at any house, and such ware to op, or place where any such dealer in gold or silver wares shall carry or transact his trade or business, shall and may be lawfully seized by my of the several companies of goldsmiths or guardians aforesaid, and y them be dealt with as hereinafter is directed."

same being

be seized.

cases.

Sect. 6. "That every such dealer in gold or silver wares who shall Dealers to be exave sold or exchanged, or exposed or kept for sale, or exported or at- empted in certain empted to export from England, or had in his possession, any such ware f gold or silver which shall have been so altered, changed, or added to aforesaid, the same or the addition thereto not having been so assayed and marked as aforesaid, and shall within twenty-one days next after otice thereof to him given by any of the several companies of goldmiths or guardians aforesaid, or left at his usual place of abode, or at my house, shop, or place where he shall carry on or transact his said rade or business, discover and make known to the company of goldamiths 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 repectively, 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 pos session, any such ware of gold or silver as last aforesaid, any thing hereinbefore contained to the contrary thereof notwithstanding."

shall mark any

Sect. 7. And for the further prevention of abuses in the making and If any officer of assaying of gold and silver wares, be it enacted "That if any assayer or any of the halls other officer of or person employed by the company of Goldsmiths in base metal with London, or any of the several companies of Goldsmiths of the cities of any die, &c. such York, Exeter, Bristol, Chester, or Norwich, or of the town of Newcastle- company to be

Forgery.

7 & 8 Vict. c. 22. liable to penalty

of 201.;

dismissed

upon-Tyne, or either of the companies of guardians of the standard of wrought plate in the towns of Sheffield or Birmingham respectively, shali 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 201., 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 the officer to be 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 ware to be seized. 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 goldsmith 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 r employed, and shall be dealt with as hereinafter is provided."

and every such

Dealer to enter every place

wherein he shall

ness or deposit wares, &c.

Sect. 8. "That every dealer in gold or silver wares who shall enter hi private mark under the laws now in force with any of the companies carry on his busi- goldsmiths or guardians aforesaid, shall at the time he so enters hi private mark at the hall or office of any such company give to the office there appointed to take the entry of his said private mark the particular of every house, shop, and other place in which he shall or may carry of or transact any part of his said trade or business, and in which he shal or may deposit or keep any gold or silver wares, as well as the place o his abode, in order that an entry may be made at such hall or office o every such house, shop, and other place as aforesaid; and every suc dealer in gold or silver wares shall from time to time enter in like manne at such hall or office of any of the companies of goldsmiths or guardian aforesaid where his private mark has already been or may hereafter b 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 sa 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 51., which may be sued for and recovered in the manner hereinafter provided by the company c goldsmiths or guardians aforesaid in respect whereof such default sha have been made."

Penalty 51.

Penalty for any dealer erasing, obliterating, or defacing any mark.

Sect. 9. "That every dealer in gold or silver wares who shall fraudu lently 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 of the severa companies of goldsmiths or guardians aforesaid for the marking er 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

51., which may be sued for and recovered by any of the several companies of goldsmiths or guardians aforesaid respectively in the manner hereinafter provided."

Forgery.

7 & 8 Vict. c. 22.

Sect. 10. "That the several pecuniary forfeitures and penalties imposed Recovery and application of by this act shall and may be sued for and recovered, with full costs of penalties. 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 ecovered before any such justice by any officer of stamp duties; and wery such penalty which shall be sued for and recovered in the name of my officer of the said several companies respectively shall go and be paid holly to the company to which such officer shall belong, to be applied y such company in defraying the expences of their assay office and of fetecting and prosecuting offenders against this act.”

warrants.

Sect. 11. "That whenever any of the said several companies of gold- Upon information smiths or guardians aforesaid shall have reasonable or probable cause to given upon oath against persons suspect that any dealer in gold and silver wares hath concealed or depo- suspected of sited in any house, shop, or place, or hath possession of any wares of gold having in possessilver which ought to be marked with any of the marks provided or used &c. justices may sion illegal wares, to be provided or used by any of the said companies of goldsmiths or guar- grant search jans respectively, for marking or stamping gold or silver wares, and not marked, or hath concealed or deposited as aforesaid, or hath possesion of any such forged or counterfeit die or other instrument, or any fare of gold or silver, or ware of base metal, having thereupon any mark any such forged or counterfeited die or other instrument as aforesaid, having thereupon any forged or counterfeited mark of any die or other strument provided or used or to be provided or used as aforesaid, or my mark which shall have been so transposed or removed thereto as foresaid, it shall be lawful for any justice of the peac ehaving jurisdiction There any or either of such offences shall be suspected to be committed, nd such justice is hereby required, upon information or complaint made fany such reasonable or probable cause of suspicion, by or on behalf of ay of the several companies of goldsmiths or guardians aforesaid, and pon the oath of one or more credible person or persons (which oath such ustice is hereby empowered and required to administer), to grant a warant under his hand directed to any one or more of the officers of any of he several companies of goldsmiths or guardians aforesaid, together with my constable or other peace officer named in such warrant, authorizing and empowering sach officer of the said companies respectively, and such Constable or other peace officer as aforesaid, with necessary and proper assistance, to enter in the day-time 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 hereinafter is provided: Provided always, and it is hereby declared that Nothing herein nothing in this act contained shall authorize the search for or seizure of to authorize the any wares which by the laws now in force are not required to be marked seizure of wares or stamped by any of the companies of goldsmiths or guardians afore- not required to be said, 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."

search for or

marked.

Forgery.

7 & 8 Vict. c. 22.

False dies and wares seized, how

to be disposed of.

Limitation of actions.

Venue local.

General issue.

Sect. 12. "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 bas 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 fraudolently marked, every such ware so broken and defaced shall be melted and the metal thereof shall be sold and disposed of, and the produce there 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 whos officer such ware shall have been so seized or taken, and shall be applies towards defraying the general expenses of the assay office of such ca pany, and in the prosecution of offenders under this act; and, save a 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 bee so seized and taken."

Sect. 13. "That all actions and prosecutions which shall be brought commenced against any person for any thing done in pursuance or unde the authority of this act shall be commenced and prosecuted within thre calendar months next after the fact committed, and not afterwards, a Notice of action. shall be brought and tried in the county or place where the cause of actio shall arise, and not elsewhere; and notice in writing of such action, an of the cause thereof, shall be given to the defendant one calendar mont at least before the commencement of the action; and the defendant such action may plead the general issue, and give this act and any othe matter or thing in evidence at any trial to be had thereupon; and if th cause of action shall appear to arise from any matter or thing done pursuance and by the authority of this act, or if any such action shall b brought after the expiration of such three calendar months, or shall b brought in any other county or place than as aforesaid, or if notice of suc action shall not have been given in manner aforesaid, or if tender of sufficien amends shall have been made before such action commenced, or it sufficient sum of money shall have been paid into court after such actie commenced, by or on behalf of the defendant, the jury shall find a ver dict 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 a torney and client, and shall have the like remedy for the same as defendant may have for cost of suit in other cases at law; and, althoug a verdict shall be given for the plaintiff in any such action, such plaint shall not have costs against the defendant, unless the judge before who the trial shall be had shall at the time of such trial certify in writing bas approbation of the action, and of the verdict obtained thereupon."

Tender of amends.

Costs.

Construction and

Sect. 14. "And for the better interpretation of this act, and to avo interpretation of the frequent use of divers terms and expressions, be it enacted, That the following terms and expressions shall have the several interpretations

terms.