Saturday 12 April 2014

12th April 1814: The government reminds skilled workers of the penalties & punishments for working abroad

Whitehall, April 12, 1814.

As several Articifers and Manufacturers, Subjects of Great Britain, have, from Time to Time, gone into Foreign Countries to exercise their several Callings, contrary to the Laws of these Kingdoms, the following Abstracts of Acts of Parliament of Their late Majesties King George the First and Second, and of His present Majesty, for preventing such Practices, are published, for the Information of all Persons who may be ignorant of the Penalties they may incur by Disobedience to them: And it will be observed, that such Penalties likewise extend to those who are any ways concerned or instrumental in the Sending or Enticing Articifers or Manufacturers out of these Kingdoms, or in the Exportation of the Tools and Instruments used by them, as well as to the Articifers or Manufacturers themselves.

Statute 5 George I. Chap. 27.

IF any person shall contract with, entice, or solicit, any articifer in wool, iron, steel, brass, or any other metal, clock-maker, watch-maker, or any other articifers of Great Britain, to go into foreign countries out of the King’s dominions, and shall be convicted thereof, upon indictment or information in any of the Courts at Westminster, or at the Assizes or Quarter Sessions, he shall be find any sum not exceeding ONE HUNDRED POUNDS for the first offence, and shall be imprisoned three months, and till the fine be paid. And if any person having been once convicted shall offend again, he shall be fined at the discretion of the Court, and imprisoned twelve months, and till the fine be paid.

If any of the King’s subjects, being such articifers, shall go into any country out of His Majesty's dominions, to exercise or teach the said trades to foreigners; and if any of the King’s subjects in any such foreign country, exercising any of the said trades, shall not return into this realm within six months after warning given by the Ambassador, Minister, or Consul of Great Britain, in the country where such articifers shall be, or by any person authorised by such Ambassador, &c. or by one of the Secretaries of State, and from henceforth inhabit within this realm; such persons shall be incapable of taking any legacy, or of being an executor or administrator, or of taking any lands, &c. within this kingdom, by descent, devise, or purchase, and shall forfeit all lands, goods, &c., within this kingdom, to His Majesty's use, and shall be deemed alien, and out of His Majesty's protection.

Upon complaint made, upon oath, before any Justice of Peace, that any person is endeavouring to seduce any such articifer, or that any such articifer hath contracted or is preparing to go out of His Majesty's dominions, the purposes aforesaid, such Justice may send his warrant to bring the person complained of before him, or before some other Justice; and if he shall appear by the oath of one witness, or by confession, that he was guilty of any of the said offences, such Justice may bind him to appear at the next Assizes or Quarter Sessions: And if such person shall refuse to give security, the Justice may commit him to gaol till the next Assizes or Quarter Sessions, and until he shall be delivered by due course of law. And if any such articifer shall be convicted, upon indictment, of any such promise, contract, or preparation to go beyond the seas, for the purpose aforesaid, he shall give such security to the King not to depart out of His Majesty's dominions, as such Court shall think reasonable, and shall be imprisoned till security given.

If any of the above offences shall be committed in Scotland, the same shall be prosecuted in the Court of Justiciary or the Circuits there.

Statute 23 George II. Chap. 13.

IF any person shall contract with, or endeavour to seduce any articifer in wool, mohair, cotton, or silk, or in iron, steel, brass, or other metal, or any clock-maker, watch-maker, or any other articifer in any other of the manufactures of Great Britain or Ireland, to go out of this kingdom or Ireland into any foreign country not within the dominions of the Crown of Great Britain, and shall be convicted, upon indictment or information, in the King's Bench at Westminster, or by indictment at the Assizes or General Gaol Delivery for the county, &c. wherein such offence shall be committed in England, or by indictment in the Court of Justiciary or any of the Circuit Courts in Scotland, or by indictment or information in the Kings Bench at Dublin, if such offence be committed in Ireland; the person so convinced shall, for every articifer contracted with or seduced, forfeit FIVE HUNDRED POUNDS, and shall suffer imprisonment in the common gaol of the county or stewartry wherein such offender shall be convicted for twelve calendar months, and until forfeiture be paid: And in case of a subsequent offence of the same kind, the persons so again offending shall forfeit, for every person contracted with or seduced, ONETHOUSAND POUNDS, and shall suffer imprisonment in the common gaol of the county or stewartry wherein such offender shall be convicted, for two years, and until such forfeiture be paid.

If any person in Great Britain or Ireland shall put on board any ship or boat, not bound directly to some port in Great Britain or Ireland, or to some other of the dominions of the Crown of Great Britain, any such tools or utensils as are commonly used in, or proper for the preparing, working up, or finishing of the woollen or silk manufactures, or any part of such tools, he shall, for every offence, forfeit all such tools, or parts thereof, put on board, and TWO HUNDRED POUNDS, to be recovered by action of debt, &c. in any Court of Record at Westminster, or in the Court of Session in Scotland, or at any of the Four Courts in Dublin respectively, wherein no essoin, &c. shall be allowed.

It shall be lawful for any Officer of the Customs in Great Britain, or for any Officer of the Revenue in Ireland, to seize and secure, in some of His Majesty's warehouses, all such tools or utensils prohibited to be exported, as such officer shall find on board any vessel not bound directly to some port in Great Britain or Ireland, or to some other of the dominions of the Crown of Great Britain; and all tools so seised shall, after condemnation, be publicly sold to the best bidder; and one moiety of the produce shall be to the use of His Majesty, and the other moiety to the officer who shall seize and secure the same.

If the Captain of any vessel in Great Britain or Ireland knowingly permit any of the said tools, prohibited to be exported, to be put on board his vessel, he shall, for every such offence, forfeit ONE HUNDRED POUNDS, to be recovered as the penalties inflicted upon persons exporting the tools; and, if the vessel belongs to His Majesty, the Captain shall not only forfeit ONE HUNDRED POUNDS, but shall also forfeit his employment, and be incapable of any employment under His Majesty.

If any Officer of the Customs in Great Britain or of the Revenue in Ireland, take, or knowingly suffer to be taken, any entry outward, or sign any cocket or sufferance for the shipping or exporting of any of the said tools, or knowingly suffer the same to be done, he shall forfeit ONE HUNDRED POUNDS, to be recovered as aforesaid, and also forfeit his office, and being incapable of any office under His Majesty.

One moiety of the forfeitures shall be applied to the use of His Majesty, and the other moiety to the use of the person who shall sue for the same.

Statutes 14, 21, 25, and 26 of His present Majesty.

BY these Statutes the like penalties and forfeitures as above-mentioned are extended to persons packing or putting on board any vessel, not bound directly for some port in Great Britain or Ireland, any machine, engine, tool, press, paper, utensil, or implement whatsoever, used in or proper for the working or finishing of the cotton, steel or iron manufactures of this kingdom, or any part or parts of such machines or implements, or any models or plans thereof; and all Captains of ships and other persons receiving or being in possession of any such articles, with an intent to export the same to foreign parts, and all Custom-house Officers suffering an entry to be made thereof, are respectively liable to the like penalties as are above-mentioned, in the case of tools and utensils used in the woollen and silk manufactures.

This is from the London Gazette 16884 Tuesday 12th April 1814.

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