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No. LXVII. 57 Geo. III.

c. 126.

lent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act the said last-recited Act of the fifty-fourth year aforesaid shall be repealed, and the same is hereby repeated, save and except as to so much of the 54 G. 3. c. 42. said last-recited Act as repeals the said recited Act of the fifty-second year aforesaid, and also save and except as to any thing done before the passing of this Act, with respect to which the said Act shall remain and be in full force and effect as if this Act had not been made.

II. And be it further enacted, That from and after the passing of this Act, if any person or persons shall by day or by night enter by force into any house shop or place with an intent to cut or destroy any frameworkknitted pieces, stockings, lace, or other articles or goods, being in the frame, or upon any machine or engine thereto annexed, or therewith to be used or prepared for that purpose, or with an intent to break or destroy any frame, machine, engine, tool, instrument, or utensil used in and for the working and making any such framework-knitted pieces, stockings, lace, or other articles of goods in the hosiery or framework-knitted manufactory, or shall wilfully and maliciously, and without having the consent or authority of the owner, destroy or cut, with an intent to destroy or render useless, any framework-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 framework-knitted pieces, stockings, lace, or other articles or goods in the hosiery or framework-knitted stockings, or framework lace manufactory, or shall wilfully and maliciously, and without having the consent or authority of the owner, break or destroy any machinery contained in any mill or mills used or any way employed in preparing or spinning of wool or cotton, or other materials, for the use of the stocking or lace manufactory, every offender being thereof lawfully convicted shall be adjudged guilty of felony, and shall suffer death as in cases of felony without benefit of clergy.

repealed.

Persons destroying Machinery or

Goods therein to be deemed

guilty of Fe

lony.

III. And be it further enacted, That this Act shall continue and be in Continuance force until the first day of August which will be in the year of our Lord of Act. one thousand eight hundred and twenty.

[ No. LXVIII.] 7 George IV. c. 60.—An Act to prevent the wilful and malicious Destruction of Dwelling Houses in Ireland.-[26th May 1826.]

c. 60.

THEREAS divers ill-designing and disorderly persons in Ireland, No.LXVIII. have of late wilfully and maliciously committed great waste and 7 Geo. IV. destruction, by pulling down and demolishing dwelling-houses, and other buildings, whereof they have obtained possession by virtue or under colour of the title of some sufficient legal tenant or tenants for lives, with or without a covenant for renewal, or for years, or other less term, or at will, or by power under or by collusion with such tenant or tenants, or some occupier or occupiers thereof, and have converted and disposed to their own use of the materials fixtures and other effects arising from or being within or appurtenant to such houses and other buildings, or used and occupied therewith, to the great damage of his Majesty's subjects, being lessors or owners of such houses buildings and other property, or otherwise entitled thereto, or interested in the preservation thereof: And whereas the remedy by suit in his Majesty's courts of equity to prevent the commission of such waste and destruction is found to be insufficient for the prevention thereof, by reason that the same may be committed before it is possible to restrain the offenders by any equitable injunction VOL. V.

U

c. 60.

No.LXVIII, which might be decreed for that purpose: And whereas such waste and 7 Geo. IV destruction, if once committed, is irreparable, by reason that the persons so offending are generally persons in embarrassed or insolvent circumstances; and inasmuch as doubts have arisen whether, in case such possession as aforesaid hath been obtained by consent of the person or per sons entitled to deliver the same, the parties offending can be convicted of any misdemeanor by any law now in force within this realm: And whereas it is expedient that such doubts be removed, and some more effectual remedy provided than by law now exists, for the preservation from waste and destruction of dwelling-houses and other buildings let to tenants, and for securing to landlords and others their just rights in respect of such dwelling-houses, and other buildings fixtures and effects within or appurtenant to the sanie, or used and occupied therewith: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act all and every person and persons who, under pretence of becoming bona fide tenant or tenants of any dwelling-house or other building, or by power under or collusion with any person or persons having or claiming to have title thereto as tenant or tenants for the term of any life or lives, with or without any covenant for renewal, or for years, or other less term, certain or at will, shall obtain and get possession of any dwelling-house or other building, for the fraudulent and malicious purpose of pulling down or demolishing the same, or of doing other unlawful waste or destruction, or who being possessed of any such dwelling-house or other building, or part of such dwelling-house or other building, shall pull down or demolish or begin to pull down or demolish the same, or shall commit any other unlawful waste or destruction thereof or thereto, or shall pull down or sever from the freehold any fixture or utensil being within or appurtenant to such dwelling-house or other building, or such part of such dwelling-house or other buildings, or used or occupied therewith, or which, in a due course of occupancy, ought not to be so pulled down or severed from the freehold, shall be deemed and are hereby declared to be guilty of a misdemeanor, and shall be subject and liable on conviction thereof, to the like pains and penalties as on cases of misdemeanor.

Persons obtaining Possession of

Houses for the Purpose of demolishing them, or who being possessed, shall demolish or waste them, declared

guilty of Mis demeanor.

Abettors, &c. of such Pro

ceedings, shall also be guilty.

of Misdemeanor.

II. And be it further enacted, That every person who shall wilfully and fraudulently aid abet or assist in the obtaining possession of any dwelling-house or other building, or of any part of any dwelling-house or other building, for the fraudulent and malicious purpose of pulling down and demolishing the same, or of committing any other wilful and unlawful waste or destruction thereof or therein, or who knowing that the possession of any dwelling-house or other building, or of any part of any such dwelling-house or other building, hath been obtained for any such fraudulent and malicious purpose, shall wilfully and fraudulently aid and abet or assist in pulling down or demolishing the same, or in committing any other wilful and unlawful waste or destruction thereof or therein, or shall aid abet or assist in pulling down or severing from the freehold any fixture or utensil, being within or appurtenant to any such dwelling-house or other building, or to any part of such dwelling-house or other building, or used and occupied therewith, and which in due course of occupancy, ought not to be so pulled down or severed from the freehold, or who shall purchase or contract to purchase the materials, or any part of the materials of which such dwelling-house or other building, or any part of such dwelling-house or other building, was constructed, or any fixture or utensil being within or appurtenant to any such dwellinghouse or other building, or part of such dwelling-house or other building, or used and occupied therewith, and which, in due course of occupancy, ought not to be pulled down and severed from the freehold, shall in like manner be deemed and is herely declared to be guilty of a misdemeanor, and shall be subject and liable to the same or like pains and penalties, as persons convicted as principals as aforesaid would be liable to under the provisions of this Act, as well before as after the trial or conviction of

the principal person guilty of such misdemeanor, and whether any person No.LXVIII. or persons liable to be tried as principal or principals shall have been ap- 7 Geo. IV. prehended or shall be amenable to justice or not.

c. 60.

Owners, &c. may make Oath thereof

before a Magistrate;

III. And be it further enacted, That from and after the passing of this Act, in all cases where any dwelling-house or other building, or any part When Suspiof any dwelling-house or other building, shall be held by virtue of any cion is enterlease or agreement, or for any term of years or other less term, certain or tained of Inat will, whether the possession of such dwelling-house or other building, tent to demoor any part of such dwelling-house or other building, shall have been ob- lish or injure tained by fraud or not, whenever it shall be suspected that any person or Houses, persons is or are about to pull down or demolish, or to commit any unlawful waste or destruction upon such dwelling-house or other building, or part of such dwelling-house or other building, it shall and may be lawful to and for any owner lessor or landlord thereof, or any other person or persons entitled to the same, or interested in the preservation thereof, or for any trustee or agent acting upon the part or behalf of any lessor so interested to make and take an oath or affidavit in writing (or affirmation in writing, if a Quaker,) before any neighbouring magistrate if in the country, or before a legal or chartered magistrate if within a town city or other separate jurisdiction, or before a magistrate of the head office of police if in the city of Dublin, stating the belief and suspicion of the persons making such affidavit or affirmation, that some person or persons in the possession or occupation of such dwelling house or other building, or at some part of such dwelling house or other building, or by the permission or collusion of some person in the occupation of such dwelling house or other building, or of some part of such dwelling house or other building, hath or have an intention to commit or do propose to commit, some such wilful or fraudulent waste and destruction as is herein-before described, or if any such waste or destruction shall have been commenced, then that the same was fraudulent or malicious, and not for the purpose of any intended improvement or beneficial alteration in such dwelling-house or other building, or part of such dwelling-house or other building, and which oath and affirmation such magistrate or legal or chartered justice, or police magistrate, (as the case may be,) is and are hereby empowered and required to administer; and upon such affidavit or affirmation being made by such person or persons as aforesaid, it shall and may be lawful for such who shall justice of the peace, or legal or chartered magistrate or such police magis- thereupon trate as aforesaid, to issue a notice in writing signed by such justices of give Notice to the peace, chartered magistrate or police magistrate, before whom such the Parties not to proceed affidavit or affirmation shall be made, stating that information on oath or without the affirmation had been received, that some person or persons, occupiers of such dwelling-house or other building, or acting under or by the authority or permission of and in collusion with such occupiers of such dwelling-house or other building, or any part of such dwelling-house or other building, do intend and are about to commit wilful and fraudulent waste, by pulling down and destroying such dwelling-house or other building, or any part of such dwelling-house or other building, and cautioning and admonishing all such persons, and all persons whomsoever, not to proceed to pull down or destroy or otherwise injure such dwelling-house or other building, or any part of such dwelling-house or other building, until special leave licence and authority for that purpose shall be first procured from and given by the justice of the peace, or chartered or other ma gistrate, by whom such notice shall be signed; and such notice so as aforesaid signed shall be served on any and every person by whom it shall be sus pected that such waste and destruction shall be intended to be committed, or by whom any such waste and destruction shall have been commenced, if such person can be found, and if not, then such notice shall be affixed on the principal door or entrance of such dwelling-house or other build ing; and every and any person who, after being duly served with such notice, or after such notice shall be posted on the principal door or entrance of such dwelling-house or other building, shall, without such leave licence or authority as aforesaid, pull down or demolish, or shall

U 2

Licence of such Magistrate.

Service of

such Notice.

Persons proceeding in deHouses after molishing such Notice, guilty of Mis demeanor.

c. 60.

[Part V No.LXVIII begin to pull down or demolish, or shall proceed in pulling down or de 7 Geo. IV. molishing any such dwelling-house or other building, or any part of such dwelling-house or other building, or who shall wilfully and unlawfully aid abet or assist in the pulling down or demolishing, or beginning to pull down or demolish, or proceeding in pulling down or demolishing of any such dwelling-house or other building, or any part of such dwelling house or other building or in committing any unlawful waste or destruc tion thereof or therein, shall be deemed and is hereby declared to be guilty of a misdemeanor.

Notices good though not addressed to

Name.

IV. And be it further enacted, That if any such notice as aforesaid shall be personally served on any person as aforesaid, or in case personal service cannot be effected, if such notice shall be regularly posted, according to any Person by the directions in this Act contained, on the door or principal entrance of any such dwelling-house or other building, such notice shall be deemed good and sufficient for the purposes of this Act, although such notice shall not be addressed to such person by his or her proper name, or by any name whatsoever.

Persons pulling down Houses, &c. after such Notice, may be apprehended and imprisoned until they give Security not to proceed in such Destruction, and to repair Damages.

Parties may proceed in repairing Houses, on giving Security to Magis trates so to do.

Not to prevent
Persons from

seeking Relief

by Bill in Chancery, &c.

whoso

V. And be it further enacted, That if any person or persons ever shall, after the service or posting of such notice, begin to pull down and destroy, or shall proceed in pulling down or destroying or shall other wise wilfully and maliciously injure and commit unlawful waste in on or to any such dwelling-house or other building, or any part of such dwel ling-house or other building, or if any person or persons having commenc ed any such waste pulling down or destruction, shall not immediately desist from continuing and committing such offence, it shall and may be lawful for any justice of the peace or magistrate as aforesaid, and he is hereby authorized and required to issue his warrant, under his hand and seal directed to any constable or constables, authorizing such constable or con stables to prevent such pulling down and destruction of such dwelling house or other building, or any part of such dwelling-house or other building, and to take into custody and apprehend every person present aiding and assisting in such pulling down and destruction, and to bring all such persons before such magistrate; and it shall be lawful for such magistrate or justice of the peace to commit any such offender, so taken and appre hended, to any neighbouring jail or prison, there to remain without ba or mainprize, until such offender shall give good and sufficient security by recognizance, conditioned not to commit or proceed in committing such wilful waste and destruction; and in case any such waste and de struction shall have been in part committed, then also conditioned to rebuild and repair such dwelling-house or other building, so as to leave the saine in as good tenantable order and condition as such dwelling-house of other building was in previous to the commission of such waste and des truction as aforesaid, and which recognizance every such justice of the peace or magistrate is hereby authorized and required to take.

or other

shal

VI. Provided always, and be it further enacted, That in case any te ant or tenants, occupier or occupiers, of any dwelling-house building, shall on being required so to do by any such justice of the peace of magistrate as aforesaid, enter into a good and sufficient security, by recog nizance, with two sufficient sureties, in such sum as such magistrate require, conditioned to rebuild and repair any such dwelling-house other building within six calendar months from the date of such recog zance, and to put such dwelling-house or other building in as tenantab state of repair, or in such the like state of repair as the same was previou to the commencement of any wilful waste and destruction thereof therein, then and in every such case it shall and may be lawful for suc persons so entering into such recognizance, and their workmen and assis ants, to proceed in making any repair or alterations and improvemen of or in such dwelling-house or other building, as if this Act had not bee made; any thing herein contained to the contrary notwithstanding: VII. Provided always, and be it further enacted, That nothing in th Act contained shall extend or be construed to extend to interrupt fere with the undoubted right that all or any person or perso us who ma feel themselves aggrieved by any order made by any magistrate chartere

or inte

c. 60.

justice or police magistrate, under the provisions of this Act, from filing No.LXVIII. ́ a bill in his Majesty's High Court of Chancery or Exchequer in Ireland, 7 Geo. IV. against the person or persons on whose behalf and application such magistrate chartered justice or police magistrate may have made any order under the provisions of this Act, and complaining of any grievance or injustice arising out of such order, and seeking such relief as he may require; on which it shall be lawful for the court in which such bill shall be filed, to make such order or decree, either confirming or reversing or varying such order of such magistrate chartered justice or police magistrate, as the justice of the case may require.

VIII. Provided also, and be it enacted, That nothing in this Act con- Act not to tained shall extend or be construed to extend to deprive any lessor land- affect former lord or other person of any remedy either at law or in equity which be- Remedies of fore the passing of this Act such lessor landlord or other person might Landlords,&c. legally or equitably have pursued against any person or persons whomsoever, either for the obtaining satisfaction for any injury sustained by such lessor landlord or other person, or for preventing such injury, notwithstanding the offence by which such injury may be occasioned shall be such as to incur the penalty of misdemeanor within the meaning of this Act; but it shall and may be lawful for any lessor landlord or other person to institute and pursue all or any of such remedies, and to receive satisfaction thereupon, in the same manner as if this Act had not been made; any thing in this Act contained to the contrary in anywise notwithstanding.

No. LXIX. & 8 G. IV.

c. 30.

[No. LXIX.] 7 & S George IV. c. 30-An Act for consolidating and amending the Laws in England relative to malicious Injuries to Property.-[21st June 1827.] WHEREAS various statutes now in force in that part of the United Kingdom called England, relative to malicious injuries to property, are by an Act of the present session of Parliament repealed, from and after the last day of June in the present year, except as to offences committed before or upon that day; and it is expedient that the provisions contained in those statutes should be amended and consolidated into this Act, to take effect at the same time as the said repealing Act: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That this Act shall commence on the first day of July in the present year. II. And be it enacted, That if any person shall unlawfully and mali- Commenceciously set fire to any church or chapel, or to any chapel for the religious ment of Act. worship of persons dissenting from the united church of England and Ire- Setting fire to land, duly registered or recorded, or shall unlawfully and maliciously set a Church, fire to any house, stable, coach-house, outhouse, warehouse, office, shop, Chapel, House, mill, malthouse, hop oast, barn, or granary, or to any building or erection or certain used in carrying on any trade or manufacture, or any branch thereof, whe- Buildings. ther the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, with intent thereby to injure or defraud any person, every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

any

III. And be it enacted, That if any person shall unlawfully and maliciously cut break or destroy or damage with intent to destroy or to render useless, any goods or article of silk, woollen, linen, or cotton, or of any one or more of those materials mixed with each other, or mixed with other material, or any framework-knitted piece, stocking, hose, or lace respectively, being in the loom, or frame, or on any machine or engine, or on the rack or tenters, or in any stage process or progress of manufacture; or shall unlawfully and maliciously cut break or destroy or damage with intent to destroy or to render useless, any warp or shute of silk, woollen, linen, or cotton, or of any one or more of those materials mixed with each other, or mixed with any other material, or any loom, frame, machine, engine,

Destroying

Silk, Woolleu,
Linen, or

Cotton Goods
in the Loom,
&c., or any
belonging to
Machinery
those Manu-
factures, &c.

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