Hall marks on gold & silver plate

FALSE PUNCHES, ETC. 159
defendant on the ground that the action had not been brought within
two years of the time of the offence.*
The Goldsmiths' Company, however, were not satisfied with this
decision, and appealed. The case came before the Court of Appeal,
consisting of the Lords Justice Bramwell, Baggallay. and Lush, on
April 2, 1881. Mr. A. Wills, O.C, and Mr. Webster, Q.C., and Mr.
Coxon were Counsel for the Goldsmiths' Company ;
Sir John Holker,
O.C, Mr. Crump, and Mr. Jones, represented the defendant (the then
respondent).
The Court of Appeal reversed the judgment of the Divisional
Court, as they were unanmiously of opinion that the statutes did
not apply in this case, as the plaintiffs were neither " common informers"
nor "aggrieved persons," who could only bring actions
respectively within one and two years. The Company were not
restricted as to the periods in which they could bring actions for
penalties against persons infringing the law. The judgment of the
Court below was, therefore, rev-ersed, with the costs of the demurrer
and also of the appeal. t
The following paragraph in the "
City Press " of December 23,
1 88 1, announces the termination of the action by a verdict for the
plaintiff and full amount of penalties, amounting to ;^6,430 :
" The proceedings by the Goldsmiths' Company for the recovery
of 643 penalties of i,io each in respect of the sale by a well-known
dealer in Oxford Street of a large quantity of spurious Queen Anne
plate have been terminated by the defendant abandoning his defence.
Judgment has been signed by the Goldsmiths' Company for
the whole of the penalties in question. We understand, however,
that the amount of the penalties may probably be reduced by the
Company."
The Criminal Law Consolidation Act of 7 & 8 Victoria, which
we have quoted (page 103),
" for preventing frauds and abuses in the
marking of gold and silver wares or possessing such without lawful
excuse," imposes a penalty of ;^io for each article. This comparatively
trifling penalty (which formerly was death, or at least transportation
for a lengthened term), when a number of forged articles
are detected, increases proportionately, s we have seen, to a large
amount; but with larger and more massive pieces of plate, each of
which would weigh fifty to a hundred ounces, requiring only one
<strong>Hall</strong>-mark, if that be forged, the penalty of ;'io is cheerfully paid,
and the forger, for this trivial compounding of felony gets off scot
free. Hence whether a piece weighs half an ounce at the cost of a
few shillings, or a hundred ounces at the cost of as many pounds,
the penalty is the same. At the present moment we know of several
most imposing silver vases of the time of Queen Anne bearing
forged <strong>Hall</strong>-<strong>marks</strong>, for which great prices have been paid. If a
* Law Reports, Q. B. D., Vol. VI, page 21
t Law Reports, Q. B. D., Vol. VII, page 46o.
12