No. LVI. 28 Geo. III. c. 55. pieces, stockings, 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 shall wilfully and maliciously cut or destroy any framework-knitted pieces, stockings, or other articles or goods, being in the frame, or upon the machine or engine as aforesaid, or prepared for that destroying any purpose; or shall wilfully and maliciously break, destroy, or damage, any frameworkknitted pieces, frame, machine, engine, tool, instrument, or utensil, used in and for the to be guilty of working and making of any such framework-knitted pieces, stockings, or felony other articles or goods in the hosiery or framework-knitted manufactory, not having the consent of the owner so to do, or break or destroy any ma chinery contained in any mill or mills used or any way employed in preparing or spinning of wool or cotton for the use of the stocking frames, every offender, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall be transported to some of his Majesty's dominions beyond seas, for any space or term of years not exceeding fourteen years, nor less than seven years. No. LVII. 33 Geo. III. c. 67. Seamen, &c. riotously assembled, who shall forcibly prevent the loading, &c. of any vessels, &c. to be com mitted to pri son; as also any such persons who shall forcibly prevent others from working, &c. [No. LVII.] 33 George III. c. 67.-An Act for better preventing offences in obstructing, destroying, or damaging Ships or other Vessels, and in obstructing Seamen, Keelmen, Casters, and Ship Carpenters, from pursuing their lawful occupations. [17th June 1798.] WHEREAS many seamen, keelmen, casters, and ship carpenters, have of late assembled themselves in great numbers, and have committed many acts of violence; which practices, if continued, may occasion great loss and damage to individuals, and injure the trade and navigation of this kingdom: For the better preventing such violent and injurious practices, and more effectually punishing such offenders, be it 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 if any seamen, kee!men, casters, ship carpenters, or other persons, riotously assembled together, to the number of three or more, at any time after the twenty-fourth day of June, in the present year of our Lord one thousand seven hundred and ninetythree, shall unlawfully, and with force, prevent, hinder, or obstruct the loading or unloading, or the sailing or navigating of any ship, keel, or other vessel, or shall unlawfully and with force board any ship, keel, or other vessel, with intent to prevent, hinder, or obstruct the loading or unloading, or the sailing or navigating of such ship, keel, or other vessel, every seaman, keelman, caster, ship carpenter, and other person, being lawfully con victed of any of the offences aforesaid, upon any indictment to be found against him, her, or them, in any Court of Oyer and Terminer, or general or quarter sessions of the peace, to be holden respectively in and for the county, shire, riding, division, or district wherein the offence was committed, shall be committed, either to the common gaol for the same county, shire, riding, division, or district, there to continue and remain without bail or mainprize, or to the house of correction for the same county, shire, riding, division, or district, there to continue and remain without bail or mainprize, and to be kept to hard labour for any term not exceeding twelve calendar months, nor less than six calendar months, in either case respectively. II. And be it further enacted by the authority aforesaid, That if any seaman or seamen, keelman or keelmen, caster or casters, ship carpenter or ship carpenters, or other person or persons, at any time after the said twenty-fourth day of June one thousand seven hundred and ninety-three, shall unlawfully, and with force, prevent, hinder, or obstruct any seaman or seamen, keelman or keelmen, caster or casters, ship carpenter or ship carpenters, from working at, employing himself in, or exercising his lawful trade, business, or occupation respectively, or shall wilfully and maliciously assault, beat, or wound, or use or commit any bodily violence or hurt to or upon any seaman or seamen, keelman or keelmen, caster or casters, ship c. 67. carpenter or ship carpenters, with intent to deter, prevent, hinder, or ob- No. LVII. struct such seaman or seamen, keelman or keelmen, caster or casters, ship 33 Geo. III. carpenter or ship carpenters, from working at, employing himself in, or exercising his lawful trade, business, or occupation respectively, every seaman, keelman, caster, ship carpenter, and other person, being lawfully convicted of any of the offences last mentioned, upon any indictment to be found against him, her, or them, in any Court of Oyer and Terminer, or general or quarter-sessions of the peace, to be holden respectively in and for the said county, shire, riding, division, or district, wherein the offence was committed, shall be committed, either to the common gaol for the same county, shire, riding, division, or district, there to continue and remain, without bail or mainprize, or to the house of correction for the same county, shire, riding, division, or district, there to continue and remain without bail or mainprize, and to be kept to hard labour, for any term not exceeding twelve calendar months, nor less than six calendar months, in either case respectively. III. And be it further enacted by the authority aforesaid, That if any Persons ofseaman, keelman, caster, ship carpenter, or other person, shall be convicted fending a seof any of the offences aforesaid, in pursuance of this Act, and shall after- cond time, to wards offend again in like manner, every such seaman, keelman, caster, be gui.ty of ship carpenter, and other person so offending again in like manner, and felony. being lawfully convicted thereof, upon any indictment to be found against him, her, or them, in any Court of Oyer and Terminer, or general or quarter-sessions of the peace respectively, to be holden in and for the county, shire, riding, division, or district, wherein the offence was committed, shall, for such second and every subsequent offence, be adjudged guilty of felony, and shall be transported to some of his Majesty's dominions beyond the seas, for any space of time or term of years, not exceeding fourteen years, nor less than seven years. IV. Provided always, and it is hereby enacted and declared, That none of the pains, penalties, or punishments hereinbefore inflicted, or authorized to be inflicted, shall be deemed, construed, or taken to extend to any act, deed, matter, or thing whatsoever, committed, done, or suffered in the service, or under or by virtue of the authority of his said Majesty, or his successors; any thing herein contained to the contrary thereof in any wise notwithstanding. Act not to extend to matters done by the authority of his Majesty. V. And be it further enacted by the authority aforesaid, That if any sea- Seamen, &c. man or seamen, keelman or keelmen, caster or casters, ship carpenter or wilfully setship carpenters, or other person or persons, shall, at any time after the said ting fire to any twenty-fourth day of June one thousand seven hundred and ninety-three, ship, to suffer wilfully and maliciously burn or set fire to any ship, keel, or other vessel, death; every person so offending, and being thereof lawfully convicted, in any Court of Oyer and Terminer, to be holden in and for the county, shire, riding, division, or district wherein the offence was committed, shall be adjudged guilty of felony without benefit of clergy, and shall suffer death, as in cases of felony, without benefit of clergy. VI. And be it further enacted by the authority aforesaid, That if any and destroyseaman or seamen, keelman or keelmen, caster or casters, ship carpenter or ing or damagship carpenters, or other person or persons, shall, at any time after the said ing them by twenty-fourth day of June one thousand seven hundred and ninety-three, any other wilfully and maliciously destroy or damage any ship, keel, or other vessel, means, to be (otherwise than by fire,) every seaman, keelman, caster, ship carpenter, and transported. other person so offending, and being thereof lawfully convicted upon any indictment to be found against him, her, or them, in any Court of Oyer and Terminer, or general or quarter-sessions of the peace, to be holden respectively in and for the county, shire, riding, division, or district wherein the offence was committed, shall be adjudged guilty of felony, and shall be transported to some of his Majesty's dominions beyond the seas, for any space of time or term of years not exceeding fourteen years, nor less than seven years. VII. And be it further enacted by the authority aforesaid, That in case any of the offences hereinbefore described or mentioned, shall be committed on the high seas, then, and in every such case, the offence or offences 8 Offences committed on the high seas tri able in any No. LVII. so committed shall be triable, and the person or persons so offending may 33 Geo. III. be prosecuted and tried, by virtue of this Act, in any session of Oyer and Terminer, and gaol delivery for the trial of offences committed on the high c. 67. seas, within the jurisdiction of the Admiralty of England; any thing herein contained to the contrary in any wise notwithstanding. session for trial of offences com mitted there on. Prosecutions to be com menced within a year. Continuance of Act. 36 Geo. III. c. 9. Persons hindering the buying of corn, or seizing it on its passage, &c. to be com mitted to hard labour for a limited time. VIII. Provided always, and it is hereby enacted and declared, That no person or persons shall be prosecuted, by virtue of this Act, for any of the offences aforesaid, unless such prosecution be commenced within twelve calendar months after the offence committed. IX. And be it further enacted, That this Act shall continue in force until the twenty-fourth day of June, which shall be in the year of our Lord one thousand eight hundred, and from thence to the end of the then next ɛession of Parliament, and no longer. [Made perpetual by 41 Gco. III.* ch. 19.] [No. LVIII.] 36 George III. c. 9.-An Act to prevent obstructions in the free Passage of Grain within the Kingdom. [18th December 1795.] No. LVIII. WHEREAS divers persons have assembled themselves in great numbers, and committed great violences, with intent to hinder the passage of corn and grain from place to place, whereby the necessary circulation of corn and grain within the kingdom may be prevented:' Be it 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 if any person or persons shall, from and after the passing of this Act, wilfully and maliciously beat, wound, or use any other violence to or upon any person or persons, with intent to deter or hinder him or them from buying of corn or grain in any market or other place within this kingdom, or shall unlawfully stop or seize any wheat, flour, meal, malt, or other grain, in or on the way to or from any city, market town, or place in this kingdom, or shall wilfully and maliciously break, cut, or destroy any waggon, cart, or other carriage, wherein any such wheat, flour, meal, malt, or other grain, shalf be loaded, or the harness of any horse or horses drawing or carrying the same, or shall unlawfully take off from any such carriage, or drive away, kill, or wound, any such horse or horses, or unlawfully beat or wound the driver or drivers of any such waggon, cart, or other carriage, or horse, so loaded, with intent to stop such wheat, flour, meal, malt, or other grain, or shall, by cutting of the sacks, or otherwise, scatter or throw abroad any such wheat, flour, meal, malt, or other grain, or shall take or carry away, destroy, spoil, or damage the same, or any part thereof, every and all such person or persons, being thereof lawfully convicted before any two or more justices of the peace of the county, shire, stewartry, riding, division, town or place corporate, wherein such offence or offences shall be committed, or before the justices of the peace in open sessions, (who are hereby authorized and empowered, summarily and finally, to hear and determine the same,) shall be sent to the common gaol or house of correction, there to continue and be kept to hard labour for any time not exceeding the space of three months, nor less than one month. Persons convicted of such offences a second time, or destroying storehouses, or carrying corn therefrom, &c. to II. And be it further enacted by the authority aforesaid, That if any such person or persons so convicted shall commit any of the offences aforesaid a second time, or if, from and after the passing of this Act, any person or persons, with intent to prevent or hinder any corn, meal, flour, malt, or grain from being lawfully carried or removed from any place whatsoever, shall wilfully and maliciously pull, throw down, or otherwise destroy, any storehouse or granary, or other place in which corn, meal, flour, malt, or grain shall be then kept, or shall unlawfully enter any such storehouse, be transported granary, or other place, and take and carry away any corn, flour, meal, malt, or grain therefrom, or shall throw abroad or spoil the same, or any part thereof, or shall unlawfully enter on board any ship, barge, boat, or vessel, and wilfully and maliciously take and carry away, cast or throw out therefrom, or otherwise spoil or damage any corn, flour, meal, inalt, or for seven years, &c. c 9. grain therein, every person so offending, and being thereof lawfully convicted, No. LVIII. shall be adjudged guilty of felony, and shall be transported for the space 36 Geo. III. of seven years, in like manner as other felons are directed to be transported by the laws and statutes of this realm; and if any such offender so transported shall return into this kingdom before the expiration of the said seven years, he or she shall suffer death as a felon, without benefit of clergy: Provided always, that no attainder for any offence made felony by virtue of this Act shall make or work any corruption of blood, loss of dower, or disinheritance of heir or heirs. III. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, the inhabitants of every hundred, in that part of Great Britain called England, wherein any such offence as aforesaid shall be committed, shall make full satisfaction and amends to all and every the person and persons, their executors and administrators, for the damage they shall have sustained or suffered by any injury or violence done to their properties by any offender or offenders against this Act; and that every person and persons who shall sustain damages in their properties by any of the said offences, shall and are hereby enabled to sue for and recover such his or their damages (the sum to be recovered not exceeding one hundred pounds) against the said hundred, who by this Act shall be made liable to answer all or any part thereof; such damages to be sued for, levied and raised in such manner and form, and by and under the like methods and directions, as are prescribed and mentioned in cases of actions of robberies on the highway in and by an Act made in the seven and twentieth year of the reign of Queen Elizabeth, intituled, An Act for the following Hue and Cry; and by one other Act, made in the eighth year of the reign of his late Majesty King George the Second, intituled, An Act for the amendment of the Law relating to Actions on the Statute of Hue and Cry, except so much thereof as relates to giving, leaving, or publishing notice, or making fresh suit and hue and cry, or any other matter otherwise provided for by this Act. The hundred where any such offence is committed may be sued for damages, not exceeding 1001. less notice be given of the IV. Provided nevertheless, and be it further enacted by the authority No person to aforesaid, That no person or persons shall be enabled to recover any da- recover such mages by virtue of this Act, unless he or they, by themselves or by their damages, unservants, 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, &c. offence done and committed to one of the constables of the hundred, or and recognito the constable, borsholder, headborough, or tithingman of the town, zance entered parish, village, hamlet or tithing in or near which such fact shall be com- into to prosemitted, and shall, within ten days after such notice, give in his or their cute known examinations upon oath, or the examination of his or their servants, being offenders. present at the time of the fact being committed, or having the care of such his or their properties to which such damage or injury shall be done, before any justice of the peace of the county, liberty, or division where such fact shall be committed, whether he or they do know the person or per sons 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 such fact, or any of them, that then he or they so confessing shall be bound by recognizance to prosecute such offender or offenders according to this Act, or otherwise according to the laws of the realm. V. Provided also, and be it enacted by the authority aforesaid, That If any offenwhere any offence shall be committed against this Act, and any one of the said der be conoffenders shall be apprehended, and lawfully convicted of such offence, within victed within the space of twelve months after the offence committed, no hundred or fran- a year after the offence, chise therein shall in anywise be subject or liable to make any satisfaction to the hundred the party or parties injured for the damages he or they shall have sustained; not liable to any thing in this Act contained to the contrary notwithstanding: 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 enabled hereby mages. to sue or bring any action against any hundred where such offence shall be No action for committed till after the expiration of one year, nor unless the party or parties damages to be brought till after a year, nor unless commenced within two years after the offence. make satisfac tion for da No. LVIII. 36 Geo. III. c. 9. Not to abridge any law for the punishment or sup sustaining such damage shall commence his, her, or their action or suit, within two years next after the offence committed. VI. Provided always, and be it further enacted, That nothing in this Act contained shall be deemed or taken to abridge or take away any provision already made by the law of this realm, or any part thereof, for the suppression or punishment of any offence whatsoever mentioned or described in this Act: Provided also, that no person who shall be punished by virtue of this Act, shall be punished for the same offence by virtue of any other law or statute whatsoever. pression of offences mentioned herein. 39 & 40 G. III. c. 77. [No. LIX.] 39 and 40 George III. c. 77.- An Act for the Security of Collieries and Mines, and for the better Regulation of Colliers and Miners.-[9th July 1800.] No. LIX. WHEREAS from the situation of the veins and mines of coal and iron stone in many parts of this kingdom, the same are greatly exposed ' to the depredations of wicked and evil-disposed persons, and the laws now ' in being are inadequate to the protection thereof:' May it therefore please your Majesty that it may be enacted, and be it 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, After Sept. 1, and by the authority of the same, That if any person or persons shall, at 1800, if any person shall pull down or fill up any airway, &c. or damage any road leading to or from any mine, or, not having a right, shali dig any mineral lying in any waste, &c. he shall be deemed guilty of a misdemeanor, and may be impri soned six months. Act not to extend to any damage done under ground by owners of adjoining If any collier or miner shall work any coal, any time after the first day of September, one thousand eight hundred, wilfully and maliciously pull down, fill up, or begin or attempt to pull down or fill up any airway, waterway, drain, pit, level, or shaft, or damage or destroy any rail way, tram road, or other road leading to or from, or intended to lead to or from any coal or other mine work, or if any person or persons (not having or bona fide claiming a right to possess or work the same respectively) shall, from and after the time above mentioned, wilfully and unlawfully cut, dig, raise, take, or carry away any coal, culm, or other mineral, from any bed, band, vein, or mine, lying and being in any waste, open, or uninclosed lands, or shall wilfully and unlawfully enter into any level, pit, or shaft, with an intent to dig, cut, raise, take, or carry away therefrom any coal, culm, or other mineral, or shall aid, abet, assist, hire, or command any person or persons to commit any such offence or offences as aforesaid, that then and in every such case all and every such person or persons shall be deemed and adjudged to be guilty of a misdemeanor; and the Court or judge before whom any such person or persons shall be tried and convicted, shall have power and authority to cause such person or persons to be imprisoned for any term not exceeding six months. 6 II. Provided always, and be it further enacted, That nothing in this Act contained shall extend, or be construed to extend, to any trespass or damage which shall be done or committed under ground, by any owner or owners of any adjoining coal or other mine, in working the same, or by any person or persons duly authorized and employed in such working as aforesaid. 6 III. And whereas it often happens that colliers and miners, disregardmines in working their agreements, wilfully and obstinately work coal and iron stone in ing the same. a different manner to what they stipulated, or otherwise abandon the agreement they have entered into, to the great and lasting prejudice of 'their employers;' Be it therefore further enacted, That if any person or persons making any bargain, or entering into any contract or agreement in writing, for raising or getting any coal, culm, iron stone, or iron ore, shall willfully, and to the prejudice of the owner, raise, get, or work, or cause to be raised, got, or worked, any such coal, culm, iron stone, or iron ore, in a different manner to his or their stipulations in respect thereto, and contrary to the directions, and against the will of the owner, or his agent or agents having the care thereof, or shall desist or refuse to fulfil the engagements they have entered into, every person or persons so offending, and being thereof convicted, either by the confession of the party offending, or upon the oath of one or more credible witness or witnesses, before one &c. different to his agreement, or contrary to the directions of the owner, or shall refuse to fulfil his en gagements, he shall on con |