&c. are found, summarily. ing Tools, Wool, Yarn, Chain, Woof, or Abb, or any Cloth and if such tools, with the list, forrel, or other Marks taken off, cut, or picked out, shall be found, the said Constable or Constables, Peace Officer or Peace Officers, shall seize the same, and apprehend the Person or Persons in whose Custody or Possession the same shall be found, and bring him, her, or them before the same or some other of his Majesty's Justices of the Peace for the County, Division, Liberty, or Place aforesaid; and unless such person the party in whose possession or persons, in whose custody the same shall be found, can give they were shall a good account how he, she, or they came by the same, to the be punished satisfaction of such Justice or Justices, then and in such case such Person or Persons shall be thereof convicted, and suffer such Punishment as is herein-before directed to be inflicted on persons not returning the Tools or Materials as aforesaid; and all such Tools, Wool, Yarn, Chain, Woof, or Abb, or such Cloth as aforesaid, so seized, and not accounted for as aforesaid, shall, upon such Conviction, be delivered over to the Churchwardens or Overseers of the Poor of the Parish where the same were seized, to be by them sold; and the Monies arising by such Sale, after defraying the Expences of such Sale, shall be applied to the use of the Poor of the said Parish. 14 G. 3. c. 25. s. 2. Provided always, that in case the person or persons accused Justice to allow shall request of such Justice to appoint a reasonable time to pro- to the defendants duce the person or persons of or from whom he, she, or they to prove the sale 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 Justice, and he is hereby authorized 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 such Justice, at such time and place as shall be so appointed by such Justice, in order to be examined and give Evidence on Oath 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 Justice shall think proper, for his, her, or their Appearance before him at the Time so to be set, or, for want of such Recognizance as aforesaid, shall be committed until the time that shall be so set or appointed by the said Justice for the Appearance of such Party or Parties, Witness or Witnesses; and if at such appointed time which not being such Person or Persons shall be convicted of any of the Offences done, such desatisfactorily a reasonable time or delivery of such articles; fendants shall be convicted. Justices, upon information houses to be searched for materials herein described; and the same to be seized, and parties brought before them; aforesaid, then and in such Case he, she, or they shall suffer such Punishment as is herein-before directed to be inflicted on Persons not returning such Tools or Materials as aforesaid. 14 G. 3. c. 25. s. 3. It shall and may be lawful for any Justice or Justices, made, may cause upon Information made to him or them on Oath by any credible person or persons, that there is just cause to suspect that any Ends of Yarn, Wefts, Thrumbs, Short Yarn, or other Refuse of Cloth, Drugget, or of other Woollen Goods, or of Goods mixed with Wool (Flocks and Pinions only excepted), have been collected and received, and are lodged or concealed in any Dwelling House, Warehouse, Outhouse, Yard, or other Place, by Warrant under his Hand and Seal, to cause every such Dwelling House, Warehouse, Outhouse, Yard, and other Place, to be searched in the Day-time; and if such Ends of Yarn, Wefts, Thrumbs, Short Yarn, or other Refuse of Cloth, Drugget, or other Woollen Goods, or Goods mixed with Wool (Flocks and Pinions only excepted), above the Quantity of Three Pounds, shall be found therein, to seize the same; and also to cause the person or persons in whose House, Warehouse, Outhouse, Yard, or other Place the same shall be found, to be brought before him, or some other Justice or Justices of the Peace for the same County, Division, Liberty, or Place, and on proof being made thereof upon Oath before such Justice or Justices that such Ends of Yarn, Wefts, Thrumbs, Short Yarn, or other Refuse of Cloth, Drugget, Woollen Goods, or Goods mixed with Wool (Flocks and Pinions only excepted), were found in the Dwelling House, Warehouse, Outhouse, Yard, or other Place of such person or persons so brought before such Justice or Justices, such person or persons not exculpating him, her, or themselves to the Satisfaction of such Justice or Justices, shall thereupon suffer such punishment as is herein-before directed to be inflicted on persons not returning the Tools or Materials as aforesaid; and the Materials so found in the custody of such person or persons shall, by order of such Justice or Justices, be burnt, or otherwise destroyed. s. 4. Provided always, that if upon any Information made upon Oath before any Justice or Justices against any person or permitted, or bailed sons offending against this Act, it shall appear to such Justice or Justices that such person or persons so informed against hath or have been already before convicted of any Offence against this Act, then and in such Case such Justice or Justices shall not proceed to convict such Offender or Offenders, but shall and may commit him, her, or them to the House of Correction, there to remain until the next General Quarter Session of the Peace to and the party in whose possession such articles are found, shall be summarily punished. Offenders for a second offence shall be com for trial at the next Sessions. be held in and for the said County, Division, Liberty, or Place, or until such Offender or Offenders shall have entered into a Recognizance, with sufficient Sureties, to appear at such Sessions, and then and there to abide the order of the Justices at such Session; and such Justice or Justices shall and may bind over the Informer to prosecute the said Offender or Offenders at the said Sessions; and the Justices at such Sessions shall then and there proceed to inquire into and determine the same in a summary way; and if upon such inquiry such person or persons shall be found guilty of the said Offence, the said Justices shall, at their Discretion, commit such Offender or Offenders to the House of Correction for any time they think proper to direct, not exceeding Three Calendar Months. 14 G. 3. c. 25. s. 5. convicted at the Provided also, that if it shall appear to the Justices at their Additional General Quarter Sessions, that such person or persons hath or offenders being punishment on have already been convicted, at some General Quarter Sessions, a second time of any Offence against this Act, then and in such Case the said sessions. Justices shall, upon a like Inquiry and Conviction in a summary way, direct the said Offender or Offenders to be committed to the House of Correction for any time not exceeding Six Calendar Months, and also to be once publicly whipped, at such time and place as such Justices at their said Quarter Sessions shall direct. s. 6. Session. Provided always, and be it further enacted, that if any person Persons aggrieved may or persons shall think him, her, or themselves aggrieved by the appeal to the Judgement of any Justice or Justices before whom he, she, or next Quarter they shall have been convicted of any the Offences aforesaid, such person or persons may appeal; and the said Justice or Justices is and are hereby required to make known to such person or persons, at the time of such conviction, his and their Right under this Act to appeal to the next General Quarter Sessions of the Peace to be held for the County, Liberty, Division, or Place where such conviction shall be made, the person or persons at the time of such conviction giving to such Justice or Justices Notice in Writing, signifying his, her, or their intention to appeal, and also entering into a Recognizance at the time of such Notice, with sufficient Sureties, 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; and the Justices at such Sessions are hereby authorized and required, upon due proof made of such Notice and of such Recognizance being entered into, to hear and determine the matter of the said Appeal in a summary way, and award Costs to the party or parties appealing or appealed against, if the said Justices shall think Form of conviction; which shall be written on parch ment, and returned to the next Quarter Session. Limitation of prosecutions. proper; but if upon such hearing the Judgment of the Justice or Justices before whom such Appellant shall have been convicted as aforesaid shall be affirmed, then and in such case such Appellant shall suffer such punishment, in consequence of such conviction, as is herein-before directed to be inflicted on persons not returning the Tools or Materials as aforesaid. 14 G. 3. c. 25. s. 7. The Justice or Justices before whom any Offender shall be convicted as aforesaid, shall cause the said Conviction to be made out in the Manner and Form following; (that is to say), "BE it remembered, that on the in the Year of our Lord before me (us), Day of A. B. is convicted of His Majesty's Justices of the Peace in and for the County, Division, Liberty, or Place (as the Case may be), of having [here specify the Offence, and the Time and Place where the same was committed]. Given under my Hand and Seal, or our Hands and Seals (as the Case may be), the Day and Year aforesaid." s. 8. The Justice or Justices before whom any Offender shall be convicted as aforesaid, shall cause the said Conviction to be fairly wrote over upon Parchment, and also to be returned to the next General Quarter Session of the Peace to be held in and for the County, Division, Liberty, or Place where such Conviction was made, to be filed by the Clerk of the Peace, and remain and be kept among the Records of the said Sessions. s. 9. Provided always, that no person or persons shall be proceeded against for any of the Offences against this Act as aforesaid, unless Information shall be made thereof, upon Oath, before One or more Justice or Justices of the Peace for the County, Division, Liberty, or Place where such Offence shall be committed, within Three Calendar Months after such Offence shall be committed; and no order made touching or concerning any of the Matters in this Act contained, or any Proceedings to be had touching the Conviction or Convictions of any Offender or Offenders against this Act, shall be quashed for want of Form, or be removed or removeable by Certiorari, or any other Writ or Process whatsoever, into any of his Majesty's Courts of Record at Westminster. s. 10. The Statute 32 G. 3. c. 44. for extending the Provisions of 13 G. 3. c. 68. (1) to Manufactories of Silk and other Materials, (1) All the offences mentioned in this Act are punishable summarily by Justices of Peace out of Sessions, and are therefore not inserted in this work. See the Statute 17 G. 3. c. 56. in the first part of this Digest, title LARCENY and ROBBERY, XX. v. page 505 to 525. 22 G. 2. c. 27. 17 G. 3. c. 56. and for the more effectual Punishment of Buyers and Receivers (1) See as to this offence when committed with relation to Woollen From June 24, buying, &c. silk, mixed or unother materials, 1792, persons mixed with from those employed to work up any silk ma knowing them nufacture, &c. to be so employed, |