Page images
PDF
EPUB

aled, save angesaid shall bes Act, the said

inten

used

frame-work knitted Manufactory, or any Goods therein, &c. and that it is expedient that the said last-recited Act (54 G. 3.] should be repealed, and other provisions made instead thereof; and then enacts, that from and after the passing of this Act, the said last-recited Act of the 54th year aforesaid shall be repealed, and the same is hereby repealed, save and except as to so much of the said last-recited Act as repeals the said recited Act of the 52d

year' aforesaid. Persons entering From and after the passing of this Act, if any person or houses, &c. with

to cut, &c. persons shall by day or by night enter by force into any. any frame-work House, Shop, or Place, with an intent to cut or destroy any. knitted pieces, stockings, lace, frame-work knitted Pieces, Stockings, Lace, or other Articles or other goods in or Goods, being in the Frame or upon any Machine or Engine the frame, &c. or to break any thereto annexed, or therewith to be used or prepared for that frame, machine, Sec. of tool, ac purpose, or with an intent to break or destroy any Frame, Ma-.

chine, Engine, Tool, Instrument, or Utensil used in and for therecf, or cutting, &c any the working and making of any such frame-work knitted Pieces, frame-wisk Stockings, Lace, or other Articles or Goods in the Hosiery or knitted piece, &c. or breaking, frame-work knitted Manufactory; or shall wilfully and inali&c. any engine

sed ciously, and without having the consent or authority of the owner,

pionely and withoue ha in making destroy, or cut with an intent to destroy or render useless, any thereof,

frame-work knitted Pieces, Stockings, Lace, or other Articles or Goods, being in the Frame or upon any Machine. or Engine as aforesaid, or prepared for that purpose; or shall wilfully and maliciously, and without having the consent or authority of the owner, break, destroy, or damage, with an intent to destroy or render useless, ‘any Frame, Machine, Engine, Tool, Instrument, or Utensil used in and for the working and making of any such frame-work knitted Pieces, Stockings, Lace, or other Articles or Goods in

the Hosiery or framc-work knitted Stockings or frame-work Lace or breaking, &c. Manufactory; or shall wilfully and maliciously, and without havany mill ma

jin the consent or authority of the Owner, break or destroy any

the non such manufac- Machinery contained in any Mill or Mills used or any way tories,

employed in preparing or spinning of Wool or Cotton, or other

Materials for the use of the Stocking or Lace Manufactory; cuilty of felony, every offender, being thereof lawfully convicted, shall be adjudged and may be guilty of Felony, and shall suffer Death as in cases of Felony transported.

without benefit of Clergy. s. 2.

This Act shall continue and be in force until 1st August 1820.

ci

II. Burning or setting Fire to Manufactories or Buildings,

Erections or Engines used therewith. ... . The Statute 52 G. 3. c. 130. “for the morc effectual punishinent of persons destroying the properties of his Majesty's subjects, and enabling the Owners of such Properties to recover Damages for the Injury sustained,” recites the passing of the Statutes 1 G. 1, st. 2. c. 5. (1) 9 G. 1. c. 22. (2) 9 G. 3. c. 29. (3) 41 G. 3. (U.K.) c. 24. (4) and 43 G. 3. C. 58. (5) and that it is expedient and necessary that more effectual provisions should be made for the protection of Property not within the provisions of the said Acts; and enacts, that Punishing perevery person who shall, 'from and after the passing of this sons wilfully

destroying any Act, wilfully or maliciously burn or set fire to any Buildings, building or Erections, or Engines, which shall be used or employed in the engine used in

"e manufacturing. carrying on or conducting of any Trade or Manufactory, or any branch or department of any Trade or Manufactory of Goods, Wares, or Merchandize of any kind or description whatsoever, or in which any Goods, Wares, or Merchandize shall be warehoused or deposited, shall, upon being lawfully convicted thereof, be adjudged guilty of Felony, without benefit of Clergy, and shall suffer Death as in cases of Felony without benefit of Clergy.

If after the passing of this Act any person or persons unlaw. Extending profully, riotously, and tumultuously assembled together in dis- visions of former

act to other turbance of the Public Peace, shall unlawfully and with force buildings, goods, demolish or pull down, or begin to demolish or pull down, any Erection and Building or Engine which shall be used or employed in the carrying on or conducting of any Trade or Manufactory, or any branch or department of any Trade or Manufactory of Goods, Wares, or Merchandize of any kind or description whatsoever, or in which any Goods, Wares, or Merchandize shall be warehoused or deposited, that then every such demolishing or pulling down, or beginning to demolish or pull down, shall be adjudged Felony without Benefit of Clergy, and the Offenders therein shall be adjudged Felons, and shall soffer Death as in Cases of Felony without Benefit of Clergy. s. 2. · The person or persons injured or damnified by such demolish- yale ing or pulling down, wholly or in part, of any Erection, Build- damage done to ing, or Engine as aforesaid, shall be entitled to, and may and and machinery

, manufactories is and are hereby empowered to recover the value of such Erec- therein, may be

recovered as rion, Building, or Engine, and of the Machinery belonging under i G. 1. thereto, or used therein, which shall be destroyed in such des C Sie molishing as aforesaid, or the amount of the Damage which may

(1) See this Act under title Riots.
(2) See this Act under title Black Act.
x} See these Statutes under title Mills.
(5) See this Statute under title Arcon, $ 4.

How to proceed to recover damages.

be done to any such Erection, Building, or Engine or Machinery aforesaid, in such tumultuous and riotous demolishing in part as aforesaid ; and such Value or Damage shall and may be recovered, levied, raised, and reimbursed in such manner and form, and by such ways and means, as are particularly provided, directed, or referred to, in the said recited Act of the first year of the reign of his late Majesty King George the First, in respect of the several Descriptions of Buildings therein mentioned. 52 G. 3. c. 130. s. 3.

Provided always, that no person or persons shall be enabled to recover any Damages by virtue of this Act, unless he or they, by themselves or by their servants, within two days after such Damage or Injury done him or them by any such Offender or Offenders as aforesaid, shall give notice of such Offence done and committed unto some of the inhabitants of some Town, Village, or Hamlet near unto the place where any such fact shall be committed, and shall within four days after such notice give in his, her, or their Examination upon Oath, or the Examination upon Oath of his, her, or their servant or servants that had the care of his or their Erections, Buildings, Engines, or Machinery so destroyed or damaged as aforesaid, before any Justice of the Peace of the County, Liberty, or Division where such fact shall be committed, inhabiting within the said Hundred where the said fact shall happen to be committed, or near unto the same, whether he or they do know the person or persons that committed such fact, or any of them; and if upon such Examination it be confessed that he or they do know the person or persons that committed the said fact, or any of them, that then he or they so confessing shall be bound by Recognizance to prosecute such Offender or Offenders by Indictment or otherwise, according to the Law of this Realm : Provided also, that no person who shall sustain any Damage by reason of any Offence to be committed by any Offender contrary to this Act, shall be thereby enabled to sue or bring any Action against any inhabitants of any Hundred where such Offence shall be committed, except the party or parties sustaining such Damage shall commence his or their Action or Suit within one year next after such Offence shall be committed: Provided nevertheless, that the notice hereby required may and shall be given in Scotland to the Sheriff or Steward Depute or Substitute of the County or Stewartry where such fact shall happen to be committed, in order that such measures may be taken as the Law of Scotland prescribes in such cases. $. 4.

III. The Offence of buying or receiving, &c. Materials from

persons hired or employed in certain Manufactures of Silk.

The Statute 14 G. 3. c. 25., intituled “ An Act for the more effectual preventing Frauds and Embezzlements by Persons employed in the Woollen Manufactory,” recites that Frauds are frequently committed and Embezzlements made by persons employed in the Woollen Manufactory, particularly by their secreting, selling, or otherwise illegally disposing of the Working Tools and Materials they are intrusted with, by the Weavers taking the Biers out of the Chains, and withholding part of the Woof or Abb Yarn delivered to them, and by the Pickers, Scribblers, and Spinners embezzling part of the Wool and Yarn intrusted to them, and also by damping, steaming, and watering the residue, in order to make up the Deficiency in Weight occasioned by such Embezzlements, and also by taking off, picking, or cutting out the List, Forrel, or other Marks of any Piece or Pieces of Cloth, by means whereof the Clothiers sustain great Damage and Loss; and that the Abuses committed in the Cloathing Manufacture by persons carrying, collecting, buying, and receiving from the Labourers employed in that Manufacture, Ends of Yarn, Wefts, Thrumbs, Short Yarn, and other refuse of Cloth, Drugget, and other Woollen Goods, and Goods mixed with Wool, have been found very detrimental to the said Manufactures; and that the said Frauds and Abuses are frequently carried on and committed so secretly, that the Laws now in being are by no means sufficient to prevent the same, whereby persons employed in the said Manufacture are tempted and encouraged to embezzle, purloin, secrete, sell, and detain the Goods and Materials with which they are intrusted by the Clothiers and other Woollen Manufacturers, so that the Cloth made comes out defective in the substance, perfection, and excellence intended by the Clothier, to the discredit of the Manufacturer and injury of the Public; and that it is apprehended such Frauds and Embezzle. ments would not be so frequent if the Detection and Punishment of the said Offences were made more easy and certain; and then enacts, that if any Picker, Scribbler, Spinner, or Persons em. Weaver, or other person or persons whatsoever, who shall be ployed in the

woollen manuany ways employed in or about the making or manufacturing of facture, not reWoollen Cloth, or in preparing Materials for that purpose,

y ments and ma. shall not return all Working Tools or Implements, Wool, terials to their Yarn, Chain, Woof, or Abb, delivered out to be worked up ***

shall

[ocr errors]

and manufactured, and all such Materials as aforesaid wherewith he, she, or they shall be intrusted, or give a satisfactory

account touching the same respectively, to his, her, or their · Employer, when thereunto required by the person or persons

by whom he, she, or they shall have been so intrusted, or by his, or fraudulently her, or their known Clerk or Servant; or shall fraudulently damping, &c. the materials, or steam, damp, or water the Wool or Yarn delivered to him, her, taking off the or thom

or them, to be worked up; or if any person or persons shall list, &c. of woollen cloth, take off, cut, or pick out the list, forrel, or other mark of any

di piece of Cloth, and shall be convicted of any such Offence before

some Justice or Justices of the Peace for the County, Division, Liberty, or Place where the Person or Persons so offending shall reside, either by the Confession of the Party or Parties, or by the Oath or Oaths of One or more credible Witness or Witnesses, every such Person so convicted shall be committed to

the House of Correction for the Space of One Calendar Month. Persons ab If any person or persons so employed, and who shall have sconding with tools or ma

been intrusted with any Tools, Implements, Wool, Yarn, terials, or sell Chain, Woof, or Abb, or other Materials as aforesaid, shall ing, &c. the

not have delivered or accounted for the same, shall abscond, or cannot be found, or shall sell or otherwise dispose of the same,

or any Part thereof; or if any person or persons shall frauduand persons fraudulently lently buy or receive such Tools, Implements, or Materials, of buying or receiving the same;

any person so employed or intrusted ; or if any person or persons shall be suspected of, and charged on such suspicion with having embezzled and kept back, by means of fraudulently dampa ing, steaming, or watering, the Wool and Yarn delivered out to him, her, or them; or with having sold, bought, or otherwise received the same, or any Part thereof, as aforesaid, and Oath shall be made thereof respectively before one of his Majesty's

Justices of the Peace for the County, Division, Liberty, or Justices may Place where any such Offence was committed; such Justice issue warrants

shall thereupon issue his Warrant to any Constable or Constables search the pre or other Peace Officer or Peace Officers, to enter into and search, mises of such offenders; in the day-time, the place of Dwelling or Residence of such

person or persons so offending, and also such other House or Place, Houses or Places, of which the Clothier, Clerk, or Servant as aforesaid, shall make Oath that he, she, or they have just Cause to suspect, it appearing to the said Justice to be reasonable Suspicion, that the said working Tools, or the said Materials, or some part or parts thereof, to have been embezzled or kept back, sold, bought, or received as aforesaid, may be secreted and lodged: And if, upon Search, any of the said work

to co

stables to

« PreviousContinue »