No. XI. 17 Geo. III. c. 56. receive mate rials in ficti 'to be prepared or manufactured, do designedly deliver such materials to other persons than those intended by the owner of such materials;' Be it therefore enacted by the authority aforesaid, That from and after the said first day of July one thousand seven hundred and seventy-seven, if any person shall receive any of the aforesaid materials in a fictitious name, in If any person order to be manufactured; or if any person shall receive in his or her own name any of the said materials, in order to be manufactured by himself or herself, and afterwards deliver the same, or any part thereof, to any other person to be manufactured (without the consent of the owner thereof); or if any carrier, or other person employed to deliver any such materials to any workman, to be prepared or wrought up, shall designedly deliver the same to any other person than the person to whom such materials were ordered or intended to be delivered by the owner thereof; all and every person and persons offending in any of the cases aforesaid, shall, for every such offence, be liable to prosecution, in the same manner, and to the same punishment, as is by this Act directed in respect to persons taking in any of the said materials in order to work up, and afterwards wilfully neglecting or refusing the performance of their work for the space of time aforesaid. tious name; or deliver same to any other person, &c. he shall be liable, &c. Justices may grant a war X. And whereas it frequently happens that materials used in the manufactures before mentioned are found, or known to be concealed in the possession of persons who have received the same, knowing them to be purloined or embezzled, or of persons known not to be entitled to dispose of the same; and whereas the discovery and conviction of the purloiners ' and embezzlers, buyers and receivers, of such materials, is full of difficulty, 'from the close and clandestine manner in which the offence is committed; and there is still greater difficulty in proving whose property such materials are; and it would tend to the discouragement and suppression ' of such offences, if the discovery and conviction of such offenders were ' rendered more easy: And whereas, by the said recited Act of the twenty⚫ second year of his late Majesty King George the Second, justices of the peace, after conviction of any offender for purloining or embezzling the 'said materials, or for buying or receiving the same, are authorised to grant 'warrants for searching the houses and other places of the persons so convicted, but no such authority is given before conviction, nor in any other house or place, except such as belongs to a person convicted; Be it therefore further enacted, That it shall and may be lawful for any two justices of the peace of any county, riding, division, city, liberty, town, or rant for search- place, upon complaint made to them, upon oath, by any one credible pering. son, or (being of the people called Quakers) upon solemn affirmation, that there is cause to suspect that any such purloined or embezzled materials, whether mixed or unmixed, wrought or unwrought, are concealed in any dwelling house, out house, yard, garden, or other place or places, by virtue of a warrant under their hands and seals, to cause every such dwelling house, out house, yard, garden, or place, to be searched in the day time: And if any such materials, suspected to be purloined or embezzled, shall be found therein, to cause the same, and the person or persons in whose house, out house, yard, garden, or other place, the same shall be found, to be brought before any two justices of the peace for the same county, riding, division, city, liberty, town, or place; and if the said person or persons, shall not give an account, to the satisfaction of such justices, how he, she, or they came by the same, then the said person or persons so offending, shall be deemed and adjudged guilty of a misdemeanor, and shall be punished in manner herein-after mentioned, although no proof shall be given to whom such materials belong. Peace officers in towns-corporate,&c.may apprehend all persons suspected, &c. XI. And be it further enacted, That every peace officer, constable, headborough, or tythingman, in every county, city, town-corporate, or other place, where there shall be officers, and every beadle within his ward, parish, or district, and every watchman, during such time only as he is on his duty, shall and may apprehend, or cause to be apprehended, all and every person or persons who may reasonably be suspected of having or carrying, or any ways conveying, at any time after sunsetting, and before sun-rising, any of such materials suspected to be purloined or embezzled, No. XI. c. 56. and the same, together with such person or persons, as soon as conveniently may be, convey or carry before any two justices of the peace for the county, riding, division, city, liberty, town or place, within which the 17 Geo. III. suspected person or persons shall be apprehended; and if the person or persons so apprehended in conveying any such materials, shall not produce the party or parties duly intitled to dispose thereof, from whom he, she, or they bought or received the same, or some other credible witness, to testify upon oath, or (being of the people called Quakers) upon solemn affirmation, to the sale or delivery of the said materials (which oath or affirmation respectively such justices are hereby empowered to administer), or shall not give an account, to the satisfaction of such justices, how he, she, or they came by the same; then the said person or persons so apprehended shall be deemed and adjudged guilty of a misdemeanor, and be punished in manner herein-after mentioned, although no proof shall be given to whom such materials belong. XII. Provided always, and be it further enacted, That in either of the two cases last before mentioned, when any person or persons, who shall be brought before any two justices of the peace, shall request of such justices to appoint a reasonable time to produce the person or persons duly intitled to sell or dispose of the same, of or from whom he, she, or they bought or received the same, or some one or more credible witness or witnesses to prove the sale or delivery thereof; then, and in such case, it shall and may be lawful for the said justices, and they are hereby authorised and required to appoint such reasonable time as aforesaid, and to issue out a summons to the constable or other peace officer of the parish or place where such person or persons, or such witness or witnesses, shall respectively reside, requiring him, her, or them, to appear before two or more justices, at such time and place as shall be so appointed by such justices, in order to be examined and give evidence on oath, or (being of the people called Quakers) solemn affirmation, of the several matters aforesaid; but such person or persons, at the time of making such request, shall enter into a recognizance, with or without surety or sureties, as such justices shall think proper, for his, her, or their appearance before them, at the time so to be set, or, for want of such recognizance as aforesaid, shall be committed until the time that shall be set or appointed by the said justices for the appearance of such party or parties, witness or witnesses; and if at such appointed time such person or persons shall be convicted of any of the of fences aforesaid, then, and in such case he, she, or they, shall suffer such punishment as is herein-before directed to be inflicted on persons guilty of such offences. Justices may appoint a rea sonable time to produce the persons inti tled to dispose of the materials, &c. XIII. And be it further enacted, That where any person or persons shall on any person be convicted of a misdemeanor in either of the two cases last before men- ed of a misdebeing convicttioned, it shall and may be lawful for the justices before whom the con- meanor as viction shall be, to cause the said materials so found or seized as aforesaid, aforesaid, the to be deposited in the hands of the churchwardens or overseers of the poor materials so of the place where such materials shall be found or seized, or in any other found shall be convenient place, for any time not exceeding thirty days; and in the mean deposited, &c. time to order the said churchwardens and overseers of the poor, or one of them, to insert an advertisement in some one or more of the public newspapers usually published or circulated in or near such place, or otherwise to cause notice to be given by some public crier, and by fixing on the church or chapel door notice describing such materials, and where the same are so deposited, to the end that persons having lost such materials, or any reputable person or persons in their behalf, may come and claim the same: And in case any person or persons can prove his, her, or their property in the said materials upon oath, or (being of the people called Quakers) upon his, her, or their solemn affirmation, to the satisfaction of any two justices of the peace for such county, riding, division, city, liberty, town, or place, then such justices shall order restitution of such materials to the owner or owners thereof, after paying the reasonable charges of removing, depositing, and giving public notice of the same; but if, before the end of the said thirty days, no person or persons shall come and prove his, her, or their property in such materials, nor any reputable person or persons on his, her, No. XI. c. 56. or their behalf, then the said justices shall order and direct the same to be 17 Geo. III. sold for the best price that can reasonably be had, and after deducting such charges as aforesaid, together with the charges of sale, one moiety of the money arising from such sale shall be given to the person or persons, or either of them, who shall apprehend or prosecute the offender or offenders guilty of either of the misdemeanors aforesaid, as the said justices shall appoint, and the other moiety thereof, either to and amongst the poor of the parish, town, or place, where the conviction shall be, or to such public charity or charities as the justices convicting shall appoint. Penalty on having in possession materials suspected to be purloined, &c. Forfeitures may be levied by distress. Owners may enter to in spect their materials, &c. XIV. And be it further enacted, That every person deemed and adjudg ed guilty of a misdemeanor, in having in his or her possession any materials suspected to be purloined or embezzled, and not producing the party or parties being duly intitled to dispose of the same, of whom he or she bought or received the same, nor giving a satisfactory account how he or she came by the same; or of a misdemeanor in having, carrying, or conveying, of the said materials suspected to be purloined or embezzled, and not producing the party or parties being duly intitled to dispose of the same, of whom he or she bought or received the same, nor any credible witness to testify upon oath, or (being of the people called Quakers) upon solemn affirmation, the sale or delivery thereof, nor giving a satisfactory account how he or she came by the same (as the case shall be), shall, for every such misdemeanor, forfeit, for the first offence, the sum of twenty pounds; and for the second offence, the sum of thirty pounds; and for every subsequent offence the sum of forty pounds: All which said respective forfeitures shall and may be levied by distress and sale of the goods and chattels of every such offender (rendering to him or her the overplus, after charges of the said distress and sale deducted), by warrant under the hands and seals of the justices before whom such offender shall be deemed and adjudged guilty; of which forfeiture, one moiety shall be paid to the informer, and the other moiety thereof to and amongst the poor of the parish, town, or place, where such conviction shall be, or to such public charity or charities as the justices convicting shall appoint; and if no sufficient distress shall be found whereon to levy the said respective forfeitures, then the said justices shall and may commit every such offender, so respectively deemed and adjudged guilty as aforesaid, to the common gaol, or other prison, or house of correction, within his or their jurisdiction, without bail or mainprize, for the space of one month, for the first offence; and for the second offence, for the space of two months; and for every subsequent offence, for the space of six months (1). XV. And whereas it sometimes happens, by occasion of the very long 'detention of such materials as aforesaid, delivered out to journeymen or ' other persons employed to work up the same, it cannot be known to the 'master or owners of such materials, whether the same may have been 'purloined or embezzled, or whether the said materials are wholly or in 'part wrought or begun to be wrought, or in what state or condition such materials may be: For remedy whereof,' Be it further enacted, That, from and after the said first day of July one thousand seven hundred and seventyseven, it shall be lawful for the owner or owners of any such materials, from time to time, as occasion shall require, to demand entrance, and enter, at all seasonable hours in the day time, into the shops or outhouses of any person or persons employed by him or them to work up any of the said materials, or other place or places where the work shall be carried on, and there to inspect the state and condition of such materials; and in case of refusal, by any such person or persons so employed, to permit such entrance or inspection, he, she, or they so refusing, shall forfeit and pay such sum of money, not exceeding forty shillings, nor less than ten shillings, as the justices, before whom he, she, or they shall be convicted, shall think proper, to be recovered and applied in the same manner as is by this Act directed for the misdemeanor of being in the pos (1) Upon a conviction by two justices for an offence under this section, if the justices at the time of such conviction make known to the party convicted, his right to appeal, and he declines appealing, they need not go on to inform him of the necessary steps to be taken in order to appeal. Rex v. West Riding of Yorkshire, (Justices.) 3 M. & S. 493. No. XI. c. 56. session of any such materials, without being able to account satisfactorily for such possession. XVI. And whereas the said recited Act, of the twenty-second year of 17 Geo. III. the reign of his late Majesty King George the Second, contains no provision for the protection and recovery of the tools and implements with which any person or persons employed in preparing, working up, or manufacturing, such materials as aforesaid, shall be entrusted for that purpose; nor any provision in respect to the drugs and ingredients used in dying, 'preparing, or manufacturing, such of the said materials as are usually dyed, prepared, or manufactured;' Be it therefore enacted, That from and Penalties apafter the said first day of July one thousand seven hundred and seventy- plicable to the seven, every penalty or punishment directed by, or other provision con- tools, &c. tained in, the said recited Act, in respect to the said materials, so far as the said recited Act is not varied by this Act, and all the provisions in this Act contained in respect to the said materials, shall extend and be applicable to any tool or tools, and implement or implements, with which any person or persons shall be entrusted for making, working up, or manufacturing, the said materials, and also to any drug or drugs, ingredient or ingredients, with which any person or persons shall be entrusted, for the purpose of dying, preparing, or manufacturing, such of the aforesaid materials as are usually dyed, prepared, or manufactured, in the same mannner as if the said tools and implements, drugs and ingredients, were particularly mentioned, both in the said recited Act and in the preceding provisions of this Act. &c. he shall forfeit XVII. And whereas journeymen dyers, servants, and apprentices, fre'quently abuse the trust reposed in them, by dying goods for their own profit, without the consent of their masters;' Be it therefore enacted, That, from and after the said first day of July one thousand seven hundred If journeyman and seventy-seven, if any person hired, retained, or employed as a journey- dyer, &c. shall man dyer, or as a servant or apprentice, in the dying of any felt or hat, or without conany woollen, linen, fustian, cotton, leather, fur, flax, mohair, or silk mate- sent of his emrials, whether the same shall be wrought or unwrought, or shall be mixed ployer, dye or unmixed with other of the said materials, shall, without the consent of any woollen, the master, person or persons by whom such journeyman, servant or apprentice, shall be hired, retained, or employed, wilfully dye any of the said materials, whether wrought or unwrought, or mixed or unmixed with other of the said materials, or without such consent shall wilfully receive any such materials as aforesaid, for the purpose of dying the same, whether the same shall be dyed or prepared for dying, he or she so guilty of either of the said offences shall, for the first offence, forfeit the sum of ten shillings; and for the second offence, the sum of twenty shillings; and for every subsequent offence, the sum of forty shillings; or if any person shall procure any such materials as aforesaid, to be dyed by any person so hired, retained, or employed as a journeyman, servant or apprentice, without the consent of his or her master or employer, or shall off any ch materials to any such journeyman, servant, or apprentice, for the purp se aforesaid, he or she so offending, being thereof lawfully convicted, by the oath, or (being of the people called Quakers) affirmation, of one or more credible witness or witnesses, before two or more justices of the peace for the county, riding, division, city, liberty, town, or place, where the offence shall be committed, shall, for the first offence, forfeit the sum of five shillings; he shall forfeit and for the second offence the sum of twenty shillings; and for every sub- for the first ofsequent offence, the sum of four pounds; and each of the said penalties fence, 58. &c. shall be paid to the informer or informers; and in case of non-payment on conviction, the person so convicted shall be committed, by the justices before whom the conviction shall be, to the common gaol or house of correction, to remain for any time not exceeding one month, as such justices shall order and direct. for the first offence, 10s. &c. or if any person shail precure any such materials to be so dyed, XVIII. Provided always, and be it further enacted, That any inhabitant Inhabitants of any parish, township, or place, in which any offence shall be committed competent witcontrary to the Act of the twelfth year of the reign of his late Majesty nesses. King George the First, or contrary to the Act of the twenty-second year of his late Majesty King George the Second, or contrary to this Act, shall be deemed a competent witness, notwithstanding his or her being an inhabitant of such parish, township, or place. No. XI. c. 56. XIX. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any one justice of the peace of any county, 17 Geo. III. riding, division, city, liberty, town, or place, and he is hereby required, upon complaint to him made upon oath, or (if the person complaining be of the people called Quakers) solemn affirmation, of any offence committed against this Act, within the same county, riding, division, city, liberty, town, or place, to issue his warrant for apprehending, and bringing before any two or more justices of the peace of the same county, riding, division, city, liberty, town, or place, the person or persons charged with such offence; and the justices before whom such person or persons shall be brought, are hereby authorised and required to hear and determine the matter of such complaint, and to proceed to judgment and conviction thereupon. Justice may issue warrant for apprehending offender. Appeal. XX. And whereas the said Act, of the twenty-second year of the reign of his late Majesty King George the Second, only gives an appeal 'from an order of any justice or justices of the peace to the general or ge'neral quarter-sessions of the peace, where an order is made by any justice or justices of the peace, in the case of the buyer or receiver of such purloined or embezzled materials as aforesaid, and in respect to the sale or disposal of such materials found on searching by warrant, after any con'viction for purloining or embezzling, or for receiving or buying such purloined or embezzled materials: And whereas it is thought more proper 'to give a right of appealing in the case of other orders of any justice or justices of the peace, to be made by force of an Act, made in the twelfth year of the reign of his late Majesty King George the First, 'intituled, An Act to prevent unlawful Combinations of Workmen employed in the Woollen Manufactures, and for better Payment of their Wages, and of the said Act, and also in the case of all orders to be made by any justices of the peace under this Act;' Be it therefore further enacted, That if any person shall think himself or herself aggrieved by the order or judgment of any two justices before whom he or she shall have been convicted of any of the offences in the said Acts of the twelfth year of the reign of King George the First, and the twenty-second year of the reign of King George the Second, or in this Act, such person may appeal, and the said justices are hereby required to make known to such person, at the time of such conviction, his or her right to appeal, to the next general or general quarter-sessions of the peace to be holden for the county, riding, division, city, liberty, town, or place, where such conviction shall have been made (such person at the time of such conviction, giving to such justices notice in writing of his or her intention to appeal, and also entering into a recognizance, at the time of such notice, with sufficient suretics, conditioned to try such appeal, and to abide the judgment of, and pay such costs as shall be awarded by, the justices at such sessions); but if the person giving such notice of appeal shall not, at the time of giv-. ing such notice, enter into such recognizance as aforesaid, then the justices, to whom such notice of appeal shall have been given, shall and may commit such person or persons to the house of correction, or other publick prison, of such county, riding, division, city, liberty, town, or place, there to remain until the said next general or general quarter-sessions of the peace to be holden in and for such place, unless such recognizance shall be sooner entered into; and the said justices before whom such conviction shall have been made, or any other two or more justices of the same county, riding, division, city, liberty, town or place, are hereby impowered and required to take; and the justices at such sessions are hereby authorized and required upon due proof made of such notice of appeal, either by the acknowledgment of the justices to whom the same shall have been given, or otherwise, to hear and determine the matter of the said appeal, and to award such costs as to them shall appear just and reasonable, to be paid by either party: And if, upon the hearing of such appeal, the judgment of the justices to whom the appellant shall have been convicted shall be affirmed, such appellant shall, within forty-eight hours next after the same shall be so affirmed, suffer such corporal punishment as shall have been directed to be inflicted upon him or her for the offence whereof he or she shall have been convicted, or shall immedi |