justice (s). Sect. 20 gives a form of conviction. Sects. 21-22 relate to appeal. Sect. 23 proceedings not to be quashed for want of form. Sect. 24. Limitation of actions, general issue and treble costs. Sect. 24 public act.

17 GEO. 3, c. 55.

An Act for the better regulating the Hat Manufactory(t).

Sect. 2. Master hat makers to employ a journeyman for every apprentice.

Sect. 3. Recites 22 Geo. 2, c. 27 (u), requires recognizance on appeal to sessions.

Sect. 6. Hat maker not to act as a justice of the peace in execution of the act.

Sect. 7. Act not to repeal 22 Geo. 2, c. 27.

Sect. 8. Appeal to sessions.

Sect. 9. Limitation of actions.

issue and double costs (x). Sect. 11. Public act.

(8) Sects. 17, 18 and 19 (providing for expenses of the act), and so much as relates to the limitation of actions for anything done in pursuance of the act as to pleading of the general issue, and as to treble costs, repealed by Statute Law Revision Act, 1861. The rest of the act is printed in the revised

Sect. 10. Pleading general

edition of the statutes.

(t) Part of sect. 3 and sect. 4 were repealed by 6 Geo. 4, c. 129; ss. 1 and 5 by Statute Law Revision Act, 1871. The rest of the act is printed in the revised statutes.

(u) See ante, p. 215.

(a) Repealed as to double costs, 5 & 6 Vict. c. 97, s. 2.

17 GEO. 3, c. 56.

An Act for amending and rendering more effectual the several Laws now in being for the more effectual preventing of Frauds and Abuses by Persons employed in the Manufacture of Hats, and in the Woollen, Linen, Fustian, Cotton, Iron, Leather, Fur, Hemp, Flax, Mohair and Silk Manufactures, and also for making Provisions to prevent Frauds by Journeymen Dyers (y).

Sect. 1. Recites 22 Geo. 2, c. 27, s. 1 (z), “And whereas it is thought necessary to vary the punishment for the offences hereinbefore recited:" and enacts that so much of the said recited act as prescribes what the punishment shall be in any of the cases before mentioned, or before whom such conviction shall be had, whether for a first offence or a second or any subsequent offence, shall be repealed; and instead of inflicting the punishment so directed the justices of the peace before whom the conviction shall be shall commit the person convicted to the house of correction or other public prison, there to be kept to hard labour, in the case of a first offence, for any time not less than fourteen days nor more than three months, and in the case of a second or any subsequent offence, for any time not less than three months nor more than six months, and may likewise, for the first or for any subsequent offence, order the person convicted to be once publicly whipped if such additional punishment shall by the said justice or justices be deemed proper.

Sect. 2. No person charged with any offence against the 22 Geo. 2, c. 27, shall be liable to be convicted unless before two or more justices of the peace for the county, riding, division, city, liberty, town or place where the offence shall be committed; anything contained in the said recited act to the contrary hereof notwithstanding.

(y) By 6 & 7 Vict. c. 40, so much of the 17 Geo. 3, c. 56, " as relates to the woollen, linen, cotton, flax, mohair, and silk manufactures, or any of them, or any manufactures whatsoever made of wool, cotton, flax, mohair, or silk materials, whether the same be or be not mixed with each other or with any other materials," so far as respects "the manufactures, trades, occupations, and employments following (that is to say), the manufacture of woollen, worsted, linen, cotton, flax, mohair, or silk materials in, on, or by the stocking-frame, warpmachine, or any other machine em

ployed in the manufacture of framework, knitted or looped fabrics, and every trade, occupation, operation, or employment whatsoever connected with or incidental to the manufacture of stockings, gloves and other articles of hosiery," was repealed (6 & 7 Vict. c. 40, ss. 1 and 34). The 17 Geo. 3, c. 56, extended however to Scotland, and the repeal only applies to England (see 6 & 7 Vict. c. 40, s. 33).

The 38 & 39 Vict. c. 86, s. 17, repealed ss. 8 & 9 of 17 Geo. 3, c. 56 (see ante, p. 202).

(z) See ante, p. 215.

Sect. 3. Recites 22 Geo. 2, c. 27, s. 2, and that "it is thought necessary to increase the pecuniary penalties directed by the said recited act for the said offences last mentioned, and to vary the application of the said penalties for the same, and further to change the consequences of non-payment." And repeals so much of the 22 Geo. 2, c. 27, "as enacts what the penalty or punishment shall be for such buying, receiving, accepting or taking by way of gift, pawn, pledge, sale or exchange, or in any other manner, as is described by the said act in the terms aforesaid, and how such penalty shall be applied, and what punishment shall be inflicted in case of non-payment;" and instead thereof enacts that "the penalty for the first offence shall be any sum not more than forty pounds nor less than twenty pounds, as the justices before whom the conviction shall be shall judge to be most proper; and every such pecuniary penalty shall be applied, under the direction of the justices before whom the conviction shall be, in manner following; (that is to say,) in the first place, the expenses of the prosecution shall be thereout defrayed, and then such satisfaction shall be made thereout to the party or parties injured as the said justices shall think proper, and afterwards so much of the said penalty shall be paid to the informer or informers as such justices shall think fit, not exceeding in any case ten pounds, and the remainder, if any, shall be paid and distributed to and amongst the poor of the parish, town or place where the conviction shall be, or for the use of such public charity or charities as such justices shall appoint." (The remainder of section provides for enforcement of penalties.)

Sect. 4. Provides for quarter sessions dealing with second offences.

Sect. 5. Recites that "many frauds are practised in respect to such materials as aforesaid, by persons who sell them knowing them to have been purloined or embezzled ;" and enacts that "if any person shall sell, pawn, pledge, exchange or otherwise unlawfully dispose of, or offer to sell, pawn, pledge, exchange, or otherwise unlawfully dispose of, any such materials as aforesaid, whether wrought or unwrought, mixed or unmixed, knowing them to have been purloined or embezzled, every such person lawfully convicted shall be liable to the same punishment as he or she would be liable to by virtue of this act on being convicted of receiving purloined or embezzled materials knowing them to have been purloined or embezzled."

Sect. 6. Recites that "such materials as aforesaid which have been purloined or embezzled are frequently received by persons knowing the same to have been so purloined or embezzled, and such materials being afterwards worked up or otherwise disposed of renders it difficult to convict such offenders;" and enacts that "when any person or persons shall

D.

be brought or charged upon oath before any two or more justices of the peace, by virtue of this act, with being suspected of or with having purloined or embezzled or with having received any such materials as aforesaid, whether the same be wrought or unwrought, mixed or unmixed, knowing the same to have been either purloined or embezzled or received from some person or persons not entitled to dispose thereof, and it shall be made appear upon the oath or (being of the people called quakers) upon the affirmation of one or more credible witness or witnesses, to the satisfaction of such justices, that such person or persons hath or have purloined or embezzled or hath or have received any such materials as aforesaid, knowing the same to have been purloined or embezzled or received from some person or persons not entitled to dispose thereof, it shall and may be lawful for such justices, or for the justices at their general or general quarter sessions of the peace, and they are hereby respectively authorized and empowered (if they shall think fit) to convict such person or persons of having purloined or embezzled or of having received such materials as aforesaid, knowing the same to have been purloined or embezzled or received from some person or persons not entitled to dispose thereof, although no proof shall be given to whom such materials belong; and the person or persons so convicted shall for every such offence be subject to such and the like penalties and punishments, at the discretion of such justices respectively, as persons convicted of buying or receiving any such materials as aforesaid, knowing the same to have been purloined or embezzled, are by this act subject and liable to."

Sect. 7. Recites 22 Geo. 2, c. 27, s. 7 (ante, p. 215), and substitutes eight for twenty-one days as the time allowed for returning work.

Sect. 8. Repealed by 38 & 39 Vict. c. 86, s. 17, ante, p. 202. Sect. 9. Recites that "it frequently happens that persons receive the said materials in fictitious names, in order to be manufactured, and that persons receive such materials in their own names, in order to be manufactured by themselves, and afterwards deliver the same to others to be manufactured, without the knowledge or consent of the owners thereof, and that carriers, or other persons employed to deliver materials to workmen to be prepared or manufactured, do designedly deliver such materials to other persons than those intended by the owner of such materials ;" and enacts that "if any person shall receive any of the aforesaid materials in a fictitious name, in order to be manufactured, or if any person shall receive in his or her own name any of the said materials, in order to be manufactured by himself or herself, and afterwards deliver the same, or any part thereof, to any other person to be manufactured (without the consent of the owner thereof), or if any

earrier, or other person employed to deliver any such materials to any workman to be prepared or wrought up, shall designedly deliver the same to any other person than the person to whom such materials were ordered or intended to be delivered by the owner thereof, all and every person and persons offending in any of the cases aforesaid shall for every such offence be liable to prosecution, in the same manner and to the same punishment as is by this act directed in respect to persons taking in any of the said materials in order to work-up, and afterwards wilfully neglecting or refusing the performance of their work for the space of time aforesaid."

Sect. 10. Provides for search warrants and arrest of persons in whose possession materials are found.

Sect. 11. Arrest of suspected persons carrying property supposed to have been purloined.

Sect. 12. Justices may, at the request of persons brought before them, appoint a reasonable time to produce the persons entitled to dispose of the materials, &c., on the persons making such request entering into a recognizance, &c.

Sect. 13. On any person being convicted of a misdemeanor as aforesaid the materials so found shall be deposited in the hands of the churchwardens, &c.; and if any person can prove his property in the said materials, they shall be delivered to him, on paying the charges of removing, &c., but if no person prove his property in them, they shall be sold, &c.

Sect. 14. "Every person deemed and adjudged guilty of a misdemeanor, in having in his or her possession any materials suspected to be purloined or embezzled, and not producing the party or parties, being duly entitled to dispose of the same, of whom he or she bought or received the same, nor giving a satisfactory account how he or she came by the same, or of a misdemeanor in having, carrying or conveying of the said materials suspected to be purloined or embezzled, and not producing the party or parties, being duly entitled to dispose of the same, of whom he or she bought or received the same, nor any credible witness to testify upon oath or (being of the people called quakers) upon solemn affirmation the sale or delivery thereof, nor giving a satisfactory account how he or she came by the same (as the case shall be), shall for every such misdemeanor forfeit, for the first offence, the sum of twenty pounds, and for the second offence the sum of thirty pounds, and for every subsequent offence the sum of forty pounds." [The rest of the section relates to the enforcement and application of penalties.]

Sect. 15. Recites that "it sometimes happens, by occasion of the very long detention of such materials as aforesaid, delivered out to journeymen or other persons employed to work up the same, it cannot be known to the master or owners of such