« ForrigeFortsett »
ment are hereby directed to be registered, and certificates thereof given and 2 and 3 Ann. transmitted by such collector, at the said several ports where such parish ap- c. 6. prentices shall be so assigned over, and bound to the sea service, in manner
Registry of and form aforesaid; and upon receipt of such certificates, protections shall, from time to time, be made and given for such apprentices (so to be assigned over as aforesaid) till they shall attain their respective ages of 18 years, without fee or reward for the same in like manner as aforesaid.
Rule 7. Every of Her Majesty's subjects, being master or owner of any How many apvessel, used in the sea service, (a) as aforesaid, of the burthen of 30 tons to prentices each the burthen of 50 tons, shall be obliged to take one such apprentice, and one more for the next 50 tons, and one more for each hundred tons such vessel take, § 8. shall exceed the burthen of 100 tons : and such master or owner of any vessel, refusing to take such apprentice or apprentices, shall forfeit 101. for the use of the poor of the parish whence such boy was bound apprentice.
Rule 8. Every master or owner of such vessel, so obliged to take such ap- Account of prentices, after his arrival in any port aforesaid, and before he clears out of apprentices, such port, shall give an account in writing, under his hand, to the collector of $ % such port to which he belongs, containing the names and number of such apprentices as are then remaining in his service.
Rule 9. Every such apprentice shall, from time to time, be sent to the Conveying respective ports, io which his master shall belong, by the churchwardens and apprentices to overseers of the poor, or their agents, of the parish from whence such appren- masters, $ 10. tice is bound, and the charges thereof to be defrayed in the same manner as is provided by 11 & 12 Will. 3. c. 18. (b)
Rule 10. The counterpart of all such indentures, to be executed by the re- Before whom spective masters of all such apprentices, shall be sealed and executed in the counterparts presence of, and attested by, the collector at the port aforesaid (where such
to be executapprentices shall be bound or assigned over), and the constable or other officer, ed, and how who shall bring or convey such apprentices to the said respective masters; and to whom which constables or officers last mentioned shall transmit and convey the to be transcounterparts of such indentures to the church wardens and overseers of the mitted, $ 11. several parishes from whence such apprentices shall be bound, by the same ways and means as such apprentices were conveyed to the said respective ports.
Rule 11. Two or more justices of the peace of the respective counties, and Justices to de dwelling in or near any of the ports aforesaid, and all mayors, and other chief termine comofficers and magistrates of any city, borough, or town corporate, in or near plaints, $ 12 adjoining to such port to which such vessel shall at any time arrive, shall have full power, and are hereby authorized, to inquire into and determine all complaints of hard or ill usage from the several masters to such their apprentices, so to be bound or assigned over, and also of all such as already have, or who shall at any time hereafter, voluntarily put themselves apprentices to the sea service as aforesaid, and to make such orders therein, as now they are enabled by law to do in other cases between masters and apprentices.
Rule 12. Every such collector in every port aforesaid, shall, in their several Collector to stations, keep an exact register, containing as well the number and burthen keep a regisof all such vessels, together with the masters' or owners' names, as also the ter, and transnames of such apprentices in each vessel belonging to their respective ports,
mit copies, and from what parishes and places such apprentices were respectively sent; and such collectors shall transmit true copies of such register, signed by them, to the quarter-sessions, or to such cities, or places, when they shall be reasonably required so to do; for which copies no fee or reward shall be taken: and every such collector refusing or wilfully neglecting io transmit such copies, shall for every such refusal or neglect forfeit 5l. for the use of the poor of the parish, whence such boy was bound apprentice.
Rule 13. Every custom house officer, at each of the ports aforesaid, shall
(a) As to vessels in the West India trade, see Rule 16 of this title.
2 and 3 Ann. insert, from time to time, at the bottom of their cockets, the number of men
and boys on board the respective vesels, at their going out of every such Cockets, $ 14.
port, therein particularly describing the apprentices by their respective names, ages, and the dates of their several indentures, for which no fee or reward shall
be taken. Voluntary apo
Rule 14. “ And for the encouragement of all such as hare or shall volunpreutices, 15.6 tarily bind themselves apprentices 10 the sea service;" it is enacted, that
every such person, who shall so voluntarily bind or put himself apprentice to any such masters or owners of any vessel as aforesaid, shall not be compelled or impressed (a) into Her Majesty's sea service, for the terin of three years,
to be accounted from the dates of ihe respective indentures of such voluntary Register. apprentices: all which indentures are hereby directed to be registered, and
certificates thereof given and transmitted by such collector at the said several ports, where such apprentices already have become so bound, or that hereafter
shail so bind themselves, in manner and forın as aforesaid ; upon receipt of Protections. which said several certificates, protections shall, from time to time, be given,
for the first three years of their several apprenticeships, without either fee or
reward for the same. How penalties Rule 15. All the penalties and forfeitures directed by this act shall, by to he levied, warrant under the hands and seals of any two or more justices of the peace, of $18.
the same county, city, borough, or town-corporate, be levied by distress and sale of the goods and chattels of the offender, which sale shall be good in the law against such offender.
Rule 16. Every master of any merchant ship, trading to His Majesty's c. 73, \ 4.
plantations in the West Indies, shall have on board his ship, at the time of Slips trading such ship clearing out from Great Britain, one apprentice, who shall be under
the age of seventeen years, duly indentured for three years, for every 100 tons admeasurement of such ship, and so in proportion for every 100 tons which such ship shall admeasure, according to the certificate of registry, and the indenture of every such apprentice shall be duly enrolled at the custom house of the port whence any such ship shall clear out with the collector or controller, within one month after the date or execution thereof; which said apprentice shall be exempt from serving in His Majesty's navy for three years from the date of such indenture; and every owner or master neglecting to enrol the same as aforesaid shall, for every such offence, forfeit 101. to be paid one moiety by the owner or owners of such ship, and the other moiety by the master thereof.
37 Geo. 3.
25 Hen. 8. c. 9. $ 4. Pewterers.
TITLE XIX.-ARTIFICERS. Rule 1. No person born within this realm, exercising the craft of pewterer, shall resort into any strange regions or countries, there to use, teach, or exercise the said craft of pewterer, upon pain to lose the privilege and benefit
of an Englishman. 1 5.
Rule 2. And if in case any of the King's subjects at this present time being dwelling in any strange country or region, and there occupying the said craft of pewterer, do not repair into this realm within three months next after request and warning to him to be given, by writing sealed with the common seal of the wardens of the said craft within the city of London, and here in this realm continually from henceforth dwell, then he shall be reputed and laken as no Englishman, but shall stand, and be from thenceforth, out of the King's protection.
Rule's. If at any time hereafter any person shall contract with, entice,
endeavour to persuade, or solicit any manufacturer or artificer of or in wool, Arefieers in iron, steel, brass, or any other metal, clock-maker, watch-maker, or any wool, iron, &c. other artificer or manufacturer of Great Britain, to go out of this kingdom
a By 4 & 5 Ann. c. 19. § 17. no person of the age of 18 years shall have any exemption or protection from Her Majesty's sea service, who shall have been in any sea service before the time he bound himself apprentice.
&c. and got returning
into any foreign country out of His Majesty's dominions, and shall be law- 5 Geo. I. fully convicted thereof upon any indictment or information which shall be c. 27. preferred or brought against him in any of His Majesty's courts at Westminster, or at the assizes or general gaol delivery, or quarter sessions of the peace for the county, riding, or division, where such offence shall be committed, the person so convict shall be fined any sum not exceeding 1001, for such first offence, according to the discretion of the court in which such conviction shall be, and shall be imprisoned for three months, and until such fine be paid; and if any person having been once convict as aforesaid shall offend again, and be so convict a second time of the like offence, in such case the person so convict a second time shall be fined at the discretion of the court where such conviction shall be, and be imprisoned for 12 months, and until such fine shall be paid.
Rule 4. Provided, that no person shall be prosecuted for any of the offences Proviso, § 2. aforesaid, unless such prosecution be begun within the space of 12 months next after such offence be committed,
Rule 5. If any of His Majesty's subjects within this kingdom, being such Artificer goartificer or manufacturer, shall at any time go into any country out of His ing into a loMajesty's dominions, there to use or exercise, or to teach, any of the said reign country, trades or manufactures to foreigners, or in case any of His Majesty's subjects now being, or who hereafter shall be, in any such foreign country out of His after waruing, Majesty's dominions, and there using or exercising any of the said trades or $3. manufactures hereinbefore mentioned, shall not return into this realm within six months next after warning shall be given to him by the ambassador, envoy, resident minister, or consul of the crown of Great Britain in the country in which such artificer shall be, or by any person authorized by such ambassador, &c. or by one of His Majesty's secretaries of state for the time being, and froin thenceforth continually dwell within this realm; such case every such person shall be from thenceforth incapable of taking any legacy that shall be devised to him within this kingdom, or of being an executor or administrator to any person within this kingdom, and shall be incapable of taking any lands, tenements, or hereditaments within this kingdom by descent, devise, or purchase, and also forfeit all his lands, tenements, hereditaments, goods, and chattels within this kingdom, to His Majesty's use, and shall from thenceforth be, and be deemed to be, an alien, and shall be out of His Majesty's protection.
Rule 6. Upon complaints made upon oath before any justice of the peace, Powers of its. that any person is endeavouring to seduce or draw away any such inanufacturer tices of peace, or artificer out of His Majesty's dominions for any the purposes aforesaid, or that any such manufacturer or artificer hath contracted, promised, or is preparing to go out of His Majesty's dominions for any of the purposes aforesaid, then it shall be lawful for the justice of the peace unto whom such complaint shall be made to send forth his warrant to bring the person so complained of before him, or some other of His Majesty's justices of the peace for the same county, riding, division, or city ; and if when such person shall be so brought before such justice, it shall appear to such justice by the oath of one credible witness, or by the confession of the party so brought before him, that the party so complained of was guilty of any of the said offences, then it shall be lawful for such justice to bind the person so charged to appear at the next assizes, general gaol-delivery, or quarter sessions of the peace for the county, city, riding, or division where such offence shall be committed, to answer the premises, with reasonable sureties for such his appearance; and in case such person shall refuse or neglect to give such security, then it shall be lawful for Security. such justice to commit the person so refusing to the county gaol, there to be kept until the next assizes or next quarter sessions of the county, city, riding, or division where such commitment shall be, at the election of such justice of the peace, and until he shall be delivered by due course of law; and in case any such artificer or manufacturer shall be convict upon any indictment to be preferred against him at such assizes, &c. of any such promise or contract, or
5 Geo. 1. c, 27.
23 Geo. 2.
ficers in Bri. tish or Irish
preparation, then the person so convict shall give such security to His Ma
jesty, not to depart out of His Majesty's dominions for any of the purposes Imprison- aforesaid, as such court shall think reasonable, and shall be imprisoned until
such security shall be given. Scotland, $ 5. Rule 7. If any of the above-mentioned offences shall be committed in
Scotland, the same shall be prosecuted in the court of justiciary or the circuits there.
Rule 8. If any person shall contract with, entice, persvade, or endeavour c. 13. 1. to persuade, solicit, or seduce any manufacturer, workinan, or artificer of or Enticing arti- in wool, mohair, cotton, or silk, or of or in any manufactures made up of
wool, mohair, cotton, or silk, or any of the said materials mixed one with aninanufactures other, or of or in iron, steel, brass, or any other metal, or any clock-maker, to go abroad. watch-maker, or any other manufacturer, workman, or artificer of or in any
other of the inanufactures of Great Britain or Ireland, of what nature or kind soever, to go out of this kingdom, or out of the kingdom of Ireland, into any foreign country, not within the dominions belonging to the crown of Great Britain, and shall be lawfully convicted thereof, upon any indictment or information to be preferred or brought against him in His Majesty's court of king's bench at Westminster, or by indictment at the assizes or general gaoldelivery for the county, riding, or division, wherein such ofience shall be committed (if such offence be committed in England), or by indictment in the court of justiciary or any of the circuit courts in Scotland (if such offence be committed in Scotland), or by indictment or information in His Majesty's court of king's bench at Dublin (if such offence be committed in Ireland), the person so convicted shall, for every artificer, workman, or manufacturer, so by him respectively contracted with, &c. severally forfeit 5001. and shall also suffer imprisonment in the common gaol of the county, riding, division, shire, or stewartry, wherein such offender shall be respectively convicted, for the space of 12 calendar months, without bail or mainprize, and until such forfeiture be paid ; and in case of a further conviction, in manner before prescribed by this act for or upon a second or other subsequent offence of the same kind, the person so again offending shall, upon every second or other subsequent conviction, forfeit for every persov so by him contracted with, &c. 10001. and shall also suffer imprisonment in the common gaol of the county, riding, division, shire, or stewartry, wkerein such oflender shall be convicted, for two years, without bail or mainprize, and until such forfeiture be paid.
Rule 9. No person shall be prosecuted for any of the offences aforesaid, prosecution, unless such prosecution be commenced within 12 calendar months next after 2.
such offence be committed.
Rule 10. If any action be commenced against any person for what he shall actions, $ S. do in pursuance of this act, such action shall be commenced within six months
after the fact committed.
Rule 11. If any person shall contract with, entice, persuade, or endeavour c. 60. 1. to seduce or encourage, any artificer or workman concerned or employed, or
who shall have worked ai, or been employed in, printing calicoes, cottons, printing cali- muslins, or linens of any sort, or in making or preparing any blocks, plates,
engines, tools, or utensils, for such manufactory, io go out of Great Britain,
to any parts beyond the seas, and shall be convicted thereof, upon indictment kingdom. or information in the court of king's bench at Westminster, or by indictment
at the assizes or general gaol-delivery for the county or place wherein such offence shall be committed, or the oflender shall live, or by indictment in the court of justiciary, or any of the circuit courts in Scotland, as the case may be; every person so convicted shall, for every artificer so contracted with, &c. or attempied so to be, forfeit 5001. and be committed to the common gaol for the county, place, or stewartry wherein the offender shall be convicted, there to remain, without bail or inainprize, for 12 calendar months, and until such forfeiture be paid; and in case of a subsequent offence of the same kind, the person so again offending shall, upon the like conviction, forfeit for every person so contracted with, &c. or attempted so to be, 10001. and be conimita
22 Geo. 3.
Enticing workmen in
coes, &c, to leave the
tilcers in iron or «trel manu
ted to the common gaol as aforesaid, there to remain, without bail or main- 92 Geo, 3. prize, for two years, and until such forfeiture shall be paid.
Rule 12. But no person shall be prosecuted for any of the offences afore- Limitation of said, unless such prosecution be commenced within 12 calendar months next prosecution, after such offence shall be committed.
$ 2, Rule 13. If any suit be commenced against any person for what he shall Limitation of do in pursuance of this act, such suit shall be commenced within six calendar actions, $ 8. months next after the fact committed.
Rule 14. If any person shall contract with, entice, persuade, or endeavour 25 Gev. 3. to seduce or encourage any artificer or workman concerned or employed, or c. 67. $ 6. who shall have worked at, or been employed in, the iron or steel manufaciures Enticing are in this kingdom, or in making or preparing any tools or utensils for such manufactory, to go out of Great Britain to any parts beyond the seas (except factures, &c. to Ireland), and shall be convicted thereof, upon indictment or information in to leave kingthe court of king's bench at Westminster, or by indictment at the assizes, or tiom. general gaol-delivery or quarter sessions for the county or place wherein such offence shall be committed, or the offender shall live, or by indictment in the court of justiciary, or any of the circuit courts in Scotland, as the case may be; every person so convicted shall, for every artificer so contracted with, &c. or attempted so to be, forfeit 5001. and shall be committed to the common gaol for the county, place, or stewartry, wherein the offender shall be convicted, there to remain without bail or mainprize for 12 calendar months, and until such forfeiture be paid; and in case of a subsequent offence of the same kind, the person so again offending shall, upon the like conviction, forfeit for every person so contracted with, &c. or attempted so to be, 10001. and shall be committed to the common gaol as aforesaid, there to remain without bail or mainprize, for two years, and until such forfeitures be paid.
Rule 15. 'No person shall be prosecuted for any of the offences aforesaid, Limitation of unless such prosecution be commenced within 12 calendar months next after prosecution, such offence shall be committed.
7. Rule 16. If any suit be commenced against any person for what he shall Limitation of do in pursuance of this act, such suit shall be commenced within three months actions, $ 9. vext after the fact committed.
TITLE XX.-AUCTIONS. [As to the sale of East India goods, see Title 99.] Rule 1. Nothing in this act shall extend to charge with the auction duty 17 Gen. 3. any goods imported into this kingdom by way of merchandize from any British c. 50. « 12. plantation in America, (a) on the first sale of such goods, by or for the ac
Plantation count of the original importer, to whom the same were consigned, and by
goods, whom they were entered at the custom house, at the port of importation, so as such sale be made within 12 months after such goods shall be so imported ; nor to any ships, or their tackle, apparel, and furniture, or the
cargoes ihereof, which may be taken and condemned as prize, which shall be sold in this kingdom, by or for the benefit of the captors thereof; nor to any ships or goods that may be wrecked or stranded in this kingdom, and sold by auction for the benefit of the insurers or proprietors thereof, or which may be sold free of duty to defray the charges of salvage.
Rule 2. All skins of the produce of East or West Florida in America, and 29 Gen. 3. which shall be imported into this kingdom directly from thence, may be sold c. 37. $ 1!. by auction free of the auction duty, provided that nothing in this act shall extend to authorize the sale of any such skins free of the said duty, unless on the first sale of such skins, by or for the account of the original importer to whom the same were consigned, and by whom they were entered at the cus
(a) See Rule 6 of this title.