FIRE-ARMS. Scotland or Ireland, or his ma jesty, or the East India Company's forces, &c. Offences,Penalties before two justices. being so proved and marked as such, for the purpose of Exceptions as to making them up into any kind of small fire-arms (1). But the 55 Geo. 3. declares that it shall not extend to Scotland or Ireland, except as to forging marks, as after mentioned, or to the proving of any barrels used in manufacturing any musket, pistol, or other fire-arms, for his Majesty's forces or the East India Company, or to any barrels of the following description, viz. any barrels in the forged, ground, finished, or in any other state of manufacture, and made of stub or twisted stub iron, or other barrels usually termed best barrels, which said last-mentioned barrels may be sent, bought, or received for the purposes aforesaid, in any number not exceeding twenty, without being subject to any penalty (except that such barrels shall be liable to the penalty for using barrels not being duly proved or marked), and they are exempt from being proved and marked, as required by the said acts (2). Offences are to be determined before two justices, on the oath of one or more witnesses; the amount of the penalty to be settled by the justices, half to the informer and half to the poor, and such costs to be paid as the justices shall think reasonable; and unless the penalty and costs are forthwith paid, or notice of appeal given,—for which purpose the party must enter into recognizances, himself in a sum double the amount of the penalty, and two sureties in a sum equal to the amount of the penalty, with condition to appear personally and prosecute such appeal at the next general quarter or general sessions of the peace for the place where the offence has been committed,—they are levied on the offender's goods by distress and sale, by warrant under the hands of such justices; and in case no sufficient distress can be had, the justices are, by warrant, to commit the offender to the gaol or house of correction within their jurisdiction, there to remain, without bail or mainprize, for any time not exceeding six calendar months (3). The 55 Geo. 3. c. 59. provides, that neither the said respective companies of gunmakers, nor their agents, shall be subject to any prosecution or information under the acts of parliament, unless it shall be commenced within six months next after the offence committed (4). A form of conviction is given by the act, which is to be transmitted to the next general sessions or quarter sessions of the peace for the place where such convic tion was had, to be filed amongst the records (1). Persons FIRE-ARMS. aggrieved may appeal to the justices at the next general or general quarter sessions of the peace for the county or place where the offence was committed. The sessions are to award such costs to either party as shall seem reasonable, and their decision is to be final; and if, upon hearing the appeal, the former judgment be confirmed, the appellant is forthwith to pay the penalty, and all costs awarded against him; and, in default of payment, to be imprisoned in the common gaol or house of correction of the place where the offence was committed, for any time not exceeding six calendar months, or unless the penalty and costs be sooner paid (2). The 55 Geo. 3. provides, that no action or suit shall be commenced against any person for any thing done in pursuance of that act, or of the 53 Geo. 3. c. 115., until after thirty days' notice in writing be given to the proof-house of the town of Birmingham, or their solicitor, or the company of gunmakers of London, or after sufficient satisfaction tendered, or after six calendar months after the fact committed for which such suit shall be brought; and all such suits shall be laid in the county where the cause of it has arisen, and the defendant in such action may plead the general issue, and give the 55 G. 3. c. 59. and 53 G. 3. c. 115., and the special matter in evidence, and that the matter or thing for which the action was brought was done by authority of those acts; and if such shall appear to be the case, or that sufficient amends was tendered, or that the plaintiff in such action has not complied with any of the above-mentioned provisions, the jury. shall find for the defendant; and if upon such verdict, or upon the plaintiff's becoming nonsuited or suffering a discontinuance, or upon a demurrer in such action, judgment be given for the defendant, he shall recover treble costs. (3) The sale of fireworks is prohibited by the stat. 9 & 10 W. 3. FIREWORKS. c. 7., which provides, that no person shall make, sell, or utter any squibs, rockets, serpents, or other fireworks, or any cases, moulds, or other implements for making them, nor permit the same to be thrown or fired from his house or lodgings, or any place thereto adjoining, into any public street, highway, or passage, or for any person to throw or fire, or be aiding in throwing or firing the same in or into any public street, house, shop, (3) Id. s. 15. Act a public act, (1) 55 Geo. 3. c. 59. s. 12. FIREWORKS. FLAX & HEMP. river, highway, or passage, and that every such offence shall be deemed a common nuisance (1). And that a penalty of £5 shall be recoverable for making or selling, on conviction before one justice, on confession or oath of two witnesses, half to the informer and half to the poor, to be levied by distress and sale (2). And a 20s. penalty for causing them to be fired, the offender in default of payment to be imprisoned one month, unless he shall sooner pay the money (3). But the statute provides, that it shall be lawful for the master, lieutenant, or commissioners of his Majesty's ordnance, or any person authorized by them, to give orders for making any fireworks to be used and fired according to such orders (4), and also for the artillery company of London, or any other artillery company or society of persons lawfully met for the use and exercise of arms, the trained bands, or the militia, to make and use any fireworks in the exercise of arms and warlike exploits, as they might have done before (5). The growth and manufacture of flax and hemp have been objects of the encouragement of the legislature. By 26 Geo. 3. c. 43. and 27 Geo. 3. c. 15., a yearly sum not exceeding £6335 15s. (6), at the rate of 3d. per stone of hemp, and 4d. per stone of flax, was directed to be raised, to be paid to the grower or other person who breaks or properly prepares the same for market, and the regulations relative thereto were placed under the cognizance of the justices at sessions; but the act was to continue only seven years, and from thence to the end of the next session of parliament (7). By the 33 Hen. 8. c. 17., it was made unlawful for any person to water hemp or flax in any river, running water, stream, brook, or other common pond where beasts are used to be watered, on pain of forfeiting 20s., half to the king, and half to the party grieved, or any person suing in any court of record, leet, or law day (8). The encouragement given to the importation of flax and hemp from America and (1) 9 & 10 W. 3. c. 7. s. 1. See an information which need not negative the provisoes in other sections, Burn, J. tit. Fireworks. (2) Id. s. 2. (3) Id. s. 2 and 3. (4) Id. s. 4. (5) Id. s. 15. Persons sued may plead the general issue, s. 6. (6) 27 Geo. 3. c. 15. s. 65. (7) 26 Geo. 3. c. 43.; and see the following statutes which relate to this subject, 22 Geo. 3. c. 82. 21 Geo. 3. c. 58. 10 Geo. 3. c. 40. 7 Geo. 3. c. 58. (8) 33 H. 8. c. 17. s. 2. Postlethwaite Dict. Comm. tit. Flax. Ireland has already been treated of (1). In the imposition of FLAX & HEMP. the excise duties, allowances are made in respect of articles consumed in the manufactures: for every pound weight of hard soap made in Great Britain, which shall be consumed in Great Britain on or before the 25th of March 1820, in preparing and furnishing any manufactures from flax or cotton for sale, except such as shall be used in whitening new linen in the piece, in order to the sale thereof, 14d. (2); for every pound weight of soft soap made in Great Britain, which shall be so consumed, d. (3) FRAME-WORK. There are various legislative provisions in force with respect FRAMES AND to frames and frame-work. The statute 57 Geo. 3. c. 126., renders the destruction of frames or articles upon them a capital offence; it repeals the 54 Geo. 3. c. 42., and enacts, that if any Breaking frames. person shall by day or night enter by force in to any house, shop, or place, with intent to cut or destroy any frame-work knitted pieces, stockings, lace, or other articles or goods, being in the frame or upon any machine or engine thereto annexed, or therewith to be used or prepared for that purpose, or with intent to break or destroy any frame, machine, engine, tool, instrument, or utensil, used for working and making such frame-work knitted pieces, stockings, lace, or other articles or goods in the hosiery or frame-work knitted manufactory, or shall wilfully and maliciously, and without the consent of the owner, destroy or cut with intent to destroy or render useless, any framework knitted pieces, stockings, lace, or other articles or goods being in the frame, or on any machine or engine as aforesaid, or prepared for that purpose, or shall wilfully and maliciously, and without the consent of the owner, break, destroy, or damage with intent to destroy or render useless, any frame, machine, engine, tool, instrument, or utensil, used for the working and making of any such frame-work knitted pieces and framework lace manufactory, or shall wilfully and maliciously, and without the consent of the owner break or destroy any machinery contained in any mill or mills used or in any way employed in preparing or spinning wool, or cotton, or other materials for the use of the stocking or lace manufactory, every offender being (1) See ante, 1 vol. 543, 4. 26 Geo. 3. c.53. s. 12. 46 Geo. 3. c. 29. s. 4. and other statutes there referred to. Postlethw. (2) 23 Geo.3. c.77.-56 Geo.3. c. 44.-55 Geo. 3. c. 178. (3) 23 Geo.3.c.77.-43 Geo.3. c. 69,-55 Geo. 3. c. 178. FRAMES AND Not returning stocking-frames hired. FRAME-WORK. thereof lawfully convicted shall be adjudged guilty of felony, and shall suffer death as in case of felony without benefit of clergy (1). This act was to continue in force till the 1st of August 1820 (2). So with regard to the hirers of stocking frames, the stat. 28 G. 3. c. 55. enacts, that if auy frame-work knitter who shall rent or take by the hire any stocking frame either with or without any machine or engine thereto annexed, or therewith to be employed, shall refuse to yield up and redeliver the same with the machine or frame to the person of whom he shall so rent it, after fourteen days notice, he shall on conviction by the oath or solemn affirmation of the owner or employer of the frame, or of any other witness, before one justice where the offence is committed, or where the person charged shall inhabit, forfeit 20s. to the poor, and if this be not immediately paid, and such frame delivered up to the owner within six days after conviction, such justice shall commit the offender to the gaol or other public prison to hard labour for any time not exceeding three months nor less than one month (3). The statute also provides, that if any person so renting or taking to hire any stocking frame with or without such machine as aforesaid, shall sell or unlawfully dispose thereof, or the machine, &c. therewith let, without the consent of the owner, or shall wilfully and knowingly receive or purchase any such so sold or unlawfully disposed of as aforesaid, contrary to the true intent and meaning of the act, every such offender being convicted upon indictment, shall suffer solitary imprisonment in the gaol or house of correction for not less than three nor more than twelve calendar months. (4) Articles of frame-work composition are required to have certain marks. The 6 Geo. 3. c. 29. enacts, that all frame-work knitted pieces, and stockings made of thread, cotton, worsted, or yarn, or any mixture of all or any of the said or of any other materials, except such as shall be made of silk only, which shall contain three or more threads, shall be marked with the same number of ilet-holes, and no more, as there are threads contained in each piece or pair; and such ilet-holes shall be made distinctly in one direct line, or in the same course, and shall not exceed the distance of three inches from the two extreme iletholes; and no such ilet-holes shall be made or placed within the (1) 57 Geo. 3. c. 126. s. 2. (3) 28 Geo. 3. c. 55. s. 1. |