shall direct the same to be delivered to the owner, or his agent or servant, or
other person duly authorized by him, and shall forthwith release the person in
If they cannot custody; but if all such materials, tools, or apparatus shall not be found in the
be found, the
house or other premises or the possession of such person, or shall not be pro-
person charged
shall be deemed duced before such justice, such person shall be deemed and taken to have

to have embez-
zled them.

purloined or embezzled such materials, tools, or apparatus, or such part thereof
as shall not be found or produced, and shall be liable to any of the punish-
ments awarded for such offence.

XV. AND be it enacted, that if any person shall receive any of the aforesaid materials in a fictitious name, in order to be manufactured, every such person so offending, and being convicted thereof on the oath of one or more credible witness or witnesses before two or more justices, shall for every such offence be liable to the same punishment as is herein-before directed in respect to persons not fulfilling their engagements.

XVI. AND be it enacted, that in cases where any person shall have been committed for purloining, embezzling, or fraudulently disposing of all or any part of such materials, tools, or apparatus as aforesaid, which may have been intrusted to him, or shall have been convicted of any other offence against any of the provisions of this Act, it shall be lawful for the justice who so committed such person, or for any justice or court before whom he has been convicted for that or any other offence, and he or they is or are hereby required, to issue his or their warrant authorizing a constable, with his assistants, to enter the house and premises of such person, and take possession of all such property so intrusted as shall be found therein, and to bring the same before the said justice or court, when the said justice or court shall direct the same to be delivered to the manufacturer, agent, or person duly authorized to receive the

same.

**

*

Frames, &c.
not belonging
to workmen
not liable to
be seized for
rent or debt,
unless the same

XVIII. AND be it enacted, that no frame, loom, or machine, materials, tools, or apparatus, which shall be intrusted for the purpose of being used or worked in any of the said manufactures, or any work connected therewith or incidental thereto, or any parts, branches, or processes thereof, whether such frame, loom, or machine, materials, tools, or apparatus shall or shall not be rented or taken by the hire, shall at any time or times hereafter be distrained or seized, or be such frame, &c. liable to be distrained or seized, for rent or for debt, or under any execution

be due from
the owner of

In case of
refusal to

restore frames,
&c. unlawfully
seized, justice

may

their restora

tion.

or other proceedings whatever, unless the rent be due or the money be owing by the owner of the said frame, loom, or machine, or of the said materials or tools or apparatus aforesaid, or of any part thereof respectively.

XIX. AND be it enacted, that if any landlord or other person, by virtue of any distress warrant, execution, or other proceedings for rent in arrear, or money due or alleged to be due by any person whomsoever, shall distrain, seize, carry off, sell, or otherwise dispose of any frame, loom, or machine, materials, tools, or apparatus, belonging to any other person, which shall have been intrusted for the purpose of being used or worked in any of the said manufactures, or any work connected therewith or incidental thereto, or any parts, branches, or processes thereof, and whether the same shall or shall not be rented or taken by the hire, or shall distrain, seize, carry off, sell, or otherwise dispose of any materials as aforesaid, or any tools or apparatus as aforesaid, belonging to any other person, and shall refuse to restore possession of all such

frames, looms, machines, tools, or apparatus to the person owning, letting, or
intrusting the same, when demanded by him, or some person duly authorized
by him, of the said landlord or other person, or the person acting as agent or
bailiff of such landlord or other person, it shall and may be lawful to and for
any justice of the peace, upon complaint on oath before him, to summon the
said landlord or other person to appear before any two or more justices of the
peace to answer the said complaint, and on proof of the said offence the said
justices may thereupon order the property so seized, distrained, carried off, or
sold to be forthwith restored, and issue their warrant to a constable or con-
stables empowering him or them to seize the said property wherever the same
shall be found, and deliver possession thereof to the person owning, letting, or
intrusting the same, and to levy, by distress and sale of the goods of the said
landlord or other person, the costs of obtaining the said order, and recovering
and obtaining possession of the said property; and in case the said property
cannot be found and seized within a time, not exceeding twenty-one days, to
be limited in the said warrant, or in case the said property shall have been
damaged by the same having been distrained, seized, carried off, or sold, then
it shall be lawful for such two justices, or any other two justices, on proof
thereof, (the said landlord or other person having been first summoned by a
justice,) to issue their warrant to levy by distress and sale of the goods and
chattels of such landlord or other person the full value of the said property, or
the amount of such damage, as the case may be, together with all costs of
recovering and levying the same.

Amount of any frames, &c. so damage to any seized may be levied by distress.

XX. AND be it enacted, that if any person or persons shall obliterate, efface, Penalty for or alter the owner's name or initials, or other distinguishing mark, on any mark on obliterating frame, loom, or machine, or any bar or part thereof, or the moulds thereof, machine. without the order or authority of the owner thereof, he shall, on conviction thereof before two justices of the peace, forfeit any such sum not exceeding two pounds as such two justices shall order and direct, to be applied, in the first place, in paying the costs of the proceedings before such justices, and the surplus, if any, to the party injured; and in default of payment of such forfeiture immediately on conviction, or within such period as the justices so convicting shall direct, then the said justices may, either immediately or at any time after such conviction, commit any person so convicted to the common gaol or house of correction, there to be imprisoned, with or without hard labour, as to the said justices shall seem meet, for any term not exceeding two calendar months, unless the amount of such forfeiture be sooner paid.

XXI. AND for the discouragement of frivolous and vexatious informations and prosecutions under this Act, be it enacted, that it shall be lawful for any justices or court of petty sessions before whom any case under this Act is tried to award costs to the defendant, with an allowance for his loss of time, in case of acquittal, to be paid by the prosecutor; and also, if it shall appear to such justices or court that the charge was made from a malicious, vexatious, or frivolous motive, or in case the party shall be charged with embezzlement of materials, by reason of any deficiency in the weight of the materials which he shall have returned to the person by whom they were intrusted to such party, as compared with the weight of the materials received, and it shall be proved upon the hearing of the case that such materials were knowingly and fraudulently delivered to the party charged whilst in a damp state, so that the appa

frivolous pro

Power to award costs of secution to defendant; also compen

sation for maliembezzlement.

cious charge of

Mode of proceeding when charge is made, and hearing of charge before justices,

rent weight thereof was thereby increased, it shall be lawful for such justices or court to award to the defendant such further sum of money, not exceeding twenty pounds, as to such justices or court shall seem fit, to be paid by such prosecutor as a compensation for the injury done; and in default of payment such costs and allowances and compensations may be levied by distress and sale of the prosecutor's goods.

XXII. AND be it enacted, that where any person shall be charged on oath with any offence punishable under this Act one justice may receive the original information and summon the person charged to appear before any two justices of the peace at a time and place to be named in such summons, and if he shall not appear accordingly then the justices there present may either proceed to hear and determine the case ex parte, or any of such justices may issue a warrant for apprehending such person, and bringing him to answer the said charge before any two or more justices; or the justice before whom the charge shall be made may, if he shall so think fit, issue such warrant in the first instance, without any previous summons, and commit the person so charged to prison, in order that he may be brought forward for trial (unless he enter into such bail as may be required by such justice for his appearance at such time and place as shall be appointed); and the justices before whom the person charged shall appear or be brought shall proceed to hear and determine the case; and after adjudication all and every the subsequent proceedings to enforce obedience thereto, whether respecting the penalty, forfeiture, distress, imprisonment, costs, or other matter or thing relating thereto, may be enforced by any one of the said justices.

After adjudication subsequent pro

ceedings may

Service of

summons.

be enforced
by one justice.

Limitation of time within which pro

ceedings shall

be commenced. Parties privy to the offence competent witnesses.

XXIII. AND be it enacted, that every summons to be granted by a justice of the peace under this Act may be served by delivering a copy thereof to the party, or by delivering such copy at the party's usual place of abode to some inmate thereat, and explaining the purport thereof to such inmate.

XXIV. PROVIDED always, and be it enacted, that every complaint and prosecution under this Act shall be commenced within six calendar months after the commission of the offence, unless the offending party shall have in the meantime left the country, and not otherwise; and that any person aiding, abetting, party or privy to the commission of the offence charged shall in every case under this Act be deemed a competent witness to prove the offence.

·

What justices

XXV. AND be it enacted, that in all complaints, warrants, proceedings, or to have juris- prosecutions under this Act any justice or justices of the peace, and the court

diction.

of petty sessions, for the county, city, borough, or place where the offence shall be committed or the complaint arise, or where the said materials, frame, loom, machine, tools, or apparatus shall be given out or intrusted, lent or hired, or where the manufacturer, master, or employer shall carry on his trade or business, shall have full power and authority to act, and to hear and determine such complaint, warrant, proceeding, or prosecution, and do all other matters incident thereto: Provided always, that in all convictions or adjudications under this Act one at least of the convicting or adjudicating justices shall be a person not engaged in any manufacture, trade, occupation, or employment to which this Act extends, and shall not be the father, son, or brother of any such person.

One justice at
least not to be
engaged in any
manufacture,
&c. to which
this Act ex-
tends, &c.
Application of
penalties,

XXVI. AND be it enacted, that all forfeitures and penalties upon convictions under this Act not specially provided for shall be paid to the sheriff or other

proper officer of the county, city, borough, or place in which such conviction
shall take place, for her Majesty's use, and shall be returned to the court of
quarter sessions, under the provisions of an Act passed in the third year of the
reign of his late Majesty King George the Fourth, intituled "An Act for the 3 Geo. 4. c. 46,
"more speedy return and levying of fines, penalties, and forfeitures, and
"" recognizances estreated."

convictions

in cases not specially pro

vided for.

XXVII. AND be it enacted, that in every case of summary conviction or Scale of adjudication under this Act not specially provided for, where the sum for- imprisonment for nonpayment feited or adjudged to be paid, or which shall be imposed as a penalty, by any of penalties justice or justices of the peace, together with costs, if awarded, which costs on summary such justice or justices is and are hereby authorized to award, if he or they shall think fit, in any proceeding, adjudication, or conviction under this Act, shall not be paid immediately, or within such period as the said justice or justices shall direct, or where a warrant of distress shall be issued, and no sufficient distress shall be found, it shall be lawful for the convicting justice or justices to commit the offender to the common gaol or house of correction, there to be imprisoned, with or without hard labour, according to the discretion of the said justice or justices, for any term not exceeding two calendar months when the amount of the sum forfeited or adjudged to be paid, or of the penalty imposed, together with costs, shall not exceed five pounds, and for any term not exceeding three calendar months in any other case, unless the amount and costs be sooner paid.

XXVIII. AND be it enacted, that the justices before whom any person shall Form of be convicted of any offence against this Act may cause the conviction to be conviction. drawn up on paper or parchment in the following form of words, or in any other form of words to the like effect, and with such variations as the case shall require; (that is to say,)

"

}BE it remembered, that on the

in the year of our Lord

of

day of
at

to wit.

"

' in the

>

C.D. is convicted before us, A.B.
' and J.P., two of her Majesty's justices of the peace for the said
'for that he the said C.D. [here specify the offence, and the time and place
'where the same was committed, as the case may be]; and we do adjudge
'that the said C.D. shall for the said offence forfeit and pay [here state the
'penalty actually imposed, or the penalty and also the sum adjudged as the
' value of the articles or the amount of the injury, as the case may be], and
for costs [if so ordered]; and we direct
shall be paid to E.F., the party aggrieved,
[instant or next ensuing], and that
day of

(

also pay the sum of

'that the sum of

6

on the

'the sum of

day of

shall, on the
[instant or next ensuing], be paid and applied according to the direction of
the Statute in such case made and provided [or, as the case may be], and
that the sum of
for costs shall be paid to the complainant
[if so ordered]. Given under our hands and seals, the day and year first
above written.'

6

XXIX. AND be it enacted, that in all cases of summary conviction under this Act, where the sum adjudged to be paid shall exceed twenty shillings, or the imprisonment shall exceed one calendar month, any person who shall think himself aggrieved by any such conviction may appeal to the next court of general or quarter sessions which shall be held for the county, city, borough

Appeal to quarter sescases.

sions in certain

or place where such conviction shall have been made, (such person at the time
of such conviction giving to the justices so convicting, or to the justice so
presiding at the court of petty sessions at which such conviction shall take
place, notice in writing of his intention to appeal, and also entering into a
recognizance at the time of such notice, with two sufficient sureties, con-
ditioned personally to appear at the said sessions, and to try such appeal, and
to abide the judgment of the court thereupon, and to pay such costs as shall
by the court be awarded); and upon such notice being given and such recog
nizance being entered into the justice or justices before whom the same shall
be entered into shall liberate such person, if in custody; and the court at such
sessions shall hear and determine the matter of the appeal, and shall make
such order therein, with or without costs, to either party, as to the court shall
seem meet; and in case of the dismissal of the appeal or the confirmation of
the conviction the said court shall order and adjudge the offender to pay such
costs, if any, as shall be awarded, and shall, if necessary, issue process for
enforcing payment of the same; and it shall be lawful for the said court, or,
on the production of a certificate under the hand of the clerk of the peace for
the said county, city, borough, or place, or his deputy, for any justice or
justices of the peace for such county, city, borough, or place, either immediately
or at any time thereafter, to issue a warrant of distress and sale, or a warrant
for the apprehension and commitment of such offender for such period of time
as, together with the days during which such person so convicted shall have
been imprisoned, if any, previously to being discharged by reason of such
appeal, shall amount to the same period or term of imprisonment for which
such person was adjudged to be imprisoned at the time of conviction, or to
issue a warrant of distress and sale, and, if there be no sufficient distress, a
warrant of apprehension and commitment, as the case may require, in like
manner in all respects as any justice or justices could or might have done in
case no notice of appeal had been given.

Proceedings
not to be
quashed for
want of form,

or be removed
by certiorari,

Parties dis

valid conviction to sustain the same; and that where any distress shall be training not to made for levying any money by virtue of this Act the distress itself shall not

be

be deemed unlawful, nor the party making the same be deemed a trespasser,
on account of any defect or want of form in the summons, warrant, conviction,
warrant of distress, or other proceedings relating thereto, nor shall the party.
distraining be deemed a trespasser from the beginning on account of any
irregularity afterwards committed by him, but the person aggrieved by such
irregularity may recover full satisfaction for the special damage (if any), upon
an action on the case.

⚫ trespassers
ab initio on
account of
irregularity.

Venue and
Limitation of
actions.

Notice.

XXX. AND be it enacted, that no order or conviction, or proceedings touching the same respectively, nor adjudication made or appeal therefrom, shall be quashed for want of form, or be removed by certiorari or otherwise into any of her Majesty's superior courts of record; and that no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that it is founded on a conviction, and there be a good and

XXXI. AND be it enacted, that for the protection of persons acting in the execution of this Act all actions and prosecutions for damage to be commenced against any person for any thing done in pursuance of this Act shall be laid and tried in the county where the fact was or is charged to have been committed, and shall be commenced within two calendar months after the fact committed, and not otherwise, and notice in writing of such action and of the