Page:Ruffhead - The Statutes at Large - vol 7.djvu/195

A. D. 1749° Anno vicefimo fecundo Georgii IT. C. 27. 151 to iiay or (hall not pay the refpefllve Forfeitures by this AQ. impofed upon fuch as (hall be convided of See fanWr zj buying, receiving or taking to rawn any of the Materials herein before-mentioned, which fliall have bcen?^!- '■• • '3- purloined or imbezilled. IV. And be it further enacted by the Authority aforefaid. That if any Perfon or Perfons fliall be charged Juniccs impow- •with and afterv/ards convifted of purloining or imbezilling any of the aforefaid Materials, or of buying or "^^ '" :j'nt-i receiving the fame in Manner before dcfcribed, it fliall and may be lawful to and for the Juftice or Jufticcs f^jrcrair of the Peace before wliom fuch Conviction {hall be had, to ifiue a Warrant under his or their Hand and Houf.s, &c. of Seal or Hands and Seals, diredled to any Perfon or Perfons, impowering him or them, in the Prefence of Peifons con- a Conftable or Headborough, and in the Day Time, to enter into and fearch the Houfes, Out-houfes, lifted of pur. Shops Cellars, Vaults and other Places belonging to the Perfon or Perfons fo convifted as aforefaid ; and if 'o^nmsj ^'^° upon any fuch Search or Searches, there fliall be found any Thrums or Ends of Yarn, or any other Ma- terials of Wooll, Furr, Hemp, Flax, Cotton, Iron, Leather, Mohair or Silk, it fliall and may be lawful to and for the Perfon or Perfons impowered to make fuch Search or Searches as aforefaid, to bring fuch Ma- terials before the faid Jufl:ice or Juftices, to be by him or them detained and kept in fafe Cuftody ; and if within the Space of twenty-four Days next after fuch Thrums, or Ends of Yarn, or other Materials fliall be lb taken and detained, it {hall be made appear to the Satlsfadion of the faid Juflice or Jufticcs, that the Perfon or Perfons from whofe Houfes, Out-houfes, Shops, Cellars, Vaults or other Places as aforefaid, the faid Materials fliall be fo taken and detained, is or are the lawful Owner or Owners thereof, and came to the Poflcflion of the fame in an honefi: and lawful Manner, then all fuch Thrums or Ends of Yarn, or other Materials, fo taken and kept as aforefaid, fliall be reftored to the Perfon or Perfons out of whofe Cuftody or Poffeffion the fame fliall have been fo taken ; but in cafe it fhall not be made appear within the Time before limited, to the Satisfaction of the faid Juftice or Juftices, that the Perfon or Perfons convifted as aforefaid, is or are the lawful Owner or Owners of the faid Materials fo taken and detained as aforefaid, then, and in every fuch Cafe, the faid Materials fliall be deemed and adjudged to be purloined and imbe- zilled ; and it fliall and may be lawful to and for the faid Juftice or Juftices to direCi all fuch Thrums or Ends of Yarn, or other Materials, to be publickly fold, and the R4oney arifing by fuch Sale (the Charges ■ of fuch Sale being firft deducted) to be equally diftributed amongft the Poor of the Parifli or Place where ' the Perfon or Perfons fo convifted fliall rehde or inhabit. V. Provided always, and it is hereby enacted, That the faid Juftice or Juftices fliall, within three Days Ju (lice to give after fuch idateria!s fhall be brought to him or them as aforefaid, give Notice thereof in Writing under his Notice to the or their Hand and Seal, or Hands and Seals, to the Perfon or Perfons convicted as aforefaid, appointing in ^f"^!^, °^ ^^'^ fuch Notice a Time and Place for his, her or their attending, in order to make out and prove his, her or t„.o'u'j,'t^,o !,;□-, < their Property in fuch Materials fo taken and detained as aforelaid ; which Time fo to be appointed, fhall in order to prove be within twenty-one Days, and not lefs than eighteen Days after fuch Notice given ; and if^ the Perfon or hisTropcity, &c. Perfon'^ fo conviCled, fliall be detained in any Houfe of Corre£lion, or other Prifon as aforefaid, the faid Juftice or Juftices fliall alfo caufe a Copy of the faid Notice, attefted imder his or their Hand and Seal, or Hands and Seals, to be delivered to the Maiter or Keeper of fuch Houfe of Correction, or other Priibn ; which Mafter or Keeper is hereby required to bring, or caufe to be brought, before fuch Juftice or Juftices, the Perfon or Perfons named in fuch Notice at the Time and Place therein fpecined, if the Perfon or Perfons named in fuch Notice be then in the Cuftody of fuch Maflrer or Keeper ; and if any fuch Mafter or Keeper fhall negleCt or refufe fo to do, fuch Maiter or Keeper fhall, for every fuch NegleCt or Refufal, forfeit to the Perfon or Perfons refpeCtively named in fuch Notice, the full Value of the fidaterials fo taken, detained and fold -, to be recovered by Diftrefs and Sale of the Goods and Chatties of fuch Mafter or Keeper, by War- rant under the Hand and oeal, or Hands and Seals of the Juftice or Juftices figning fuch Notice, in cafe the faid Forfeiture fhall not be immediately paid. VI. Provided alio, and it "is hereby further enadted. That if any Perfon faall think himfelf or herfelf ag- Perfons ag- o-rieved by the Judgment or Order of the faid Juftice or Juftices, relating to the Sale or Difpofal of the faid grii^vedmay Materials fo found and detained as aforelaid, fuch Perfon fhall have Liberty to appeal againft the Judg- ^P'-" ment or Order of the faid Juftice or Juftices, to the Juftices of the Peace in the General or Quarter Seflion of the Peace which fhall be held for the fame County, Riding, Divifion, City, Liberty or Town Corpo- rate, next after fuch Judgment or Order fhall be given or made; and that in the mean Time the Sale and Difpofal of fuch Materials (hall be poitponed ; Notice in Writing under the Hand of the Perfon intending to Notice of Ap- appeal, fignifying fuch his or her Intention, being given to the Juftice or Juftices by whom fuch Order fhall F'^^ to be givt^n. liave been made, before the Time appointed for the Sale and Difpofal of fuch Materials ; and the Juftices of the Peace in the f lid General or Qiiarter Seffions of the Peace, are hereby authorized and impowered to fummon and examine Witnefles upon Oath (or being of the People called ^itakcrs, upon their (blemn Affirmation) and to hear and finally determine the Matter of the faid Appeal ; and in cafe the (iiid Appellant fhall not profecute fuch his or her Appeal, or for any otlier Caufe the Judgment of tlie liiid Juftice or Juftices by whom fuch Order fliall have been made fhall be affirmed, it ihall and may be lawful to and for the Juftices in the faid General or Qiiarter Seflions of the Peace, to award fuch Colts as they, in their Difcretion, fliall think reafonable to be paid by the Appellant for defraying the Expences fuitained by the Defendant or De- fendants in fuch Appeal. VII. And be it further enaCted by the Authority aforefaid, That if any Perfon or Per ons entrufted with Penalty on any of the Materials herein-before mentioned, in Order to prepare, work up, or manufacture the fame, fhall Workmen not not ufe all fuch Materials in the preparing, v/orking up or manufacturing of the fame, and fhall neglcft or r^"™"^ 'r fL delay, for the Space of twenty-one Days after fuch Materials fliall be prepared, worked up or manufactured, iviatcrialswith- to return (if required by the Owner or Owners of fuch Materials lb to do) fo much of the faid Materials in aiDays, as fhall not be ufed as aforefaid, to the Perfon or Perfons entruiting him, her or them therewith, fuch Ne- fleCt or Delay fhall be deemed and adjudged to be an Imbezilling or Purloining of fuch Materials ; and the 'erfon or Perfons fo negleCting or delaying, being thereof coaviCied, in Manner before prefcribcd for the 3 Conviction