Page:Ruffhead - The Statutes at Large - vol 6.djvu/378

 3?6 C. 28. Anno undecitno Georgii II. A. D. J7 3 8T. The Mil'.M.-.n or Searcher to detain Clolli till the Monfty is paid. Offences a- gainft this Act how to be de- termined. Penalties how to be difpofed of, ■ I and recovered, it not paid. Profecutions againft Mill- Men, &c. to be commenced within 8 Days, or againft Clothiers and Dealers in Cloth, within 1 Month after the Offence. Liberty of Ap- peal to the Quarter-SefTi- ons. Makers may make Cloth of what Length and Breadth they think fit. IX. And be it further enacted by the Authority aforefaid, That it (hall and may be lawful for fuch Mill-Man, or Owner or Occupier of every fuch Fulling-mill, or fuch Searcher, or fuch other Perfon as the faid Juftices fhall appoint to. receive the Money to be fo fettled and afcertained to be paid for every fuch Piece of Narrow Cloth as aforefaid to detain fucli Cloth at the Fulling-mill till the Money fo payable for the fame fhall be paid ; and in cafe the Maker or Owner of fuch Cloth ihall neglect or refufe to pay the fame for the Space of eight Days after the fame is demanded, that then, and in fuch Cafe, it fhall and may be lawful for the Perlon fo appointed to receive the faid Money, to fell one or more Pieces of the faid Cloth for the beft Price that can reafonably be got for the fame, and to detain fo much Mo- ney as fhall then be due from the Owner of the faid Cloth by virtue of this Act, out of the Money arifing by fuch Sale, returning the Overplus (if any be) upon Demand, to the Owner of fuch Cloth or his Affigns. X. And it is further enacted by the Authority aforefaid, That all and every of the Offences in this Act mentioned fhall be enquired of, heard and determined by any one or more Juftice or Juftices of the Peace in the faid Riding, not being Dealers in the Manufacture of Woollen Cloth, or in buying or felling the fame, upon the Oath of one or more credible Witnefs or WitnefTes, reafonable Notice being fii ft given to the Perfon or Perfons who fhall be charged with, or accufed of, any Offence or Offences againft this Acl: ; and that all fuch Penalties and Forfeitures as fhall or may happen by reafon of this Att, fhall, after Conviction be paid into the Hands of the Juftice or Juftices of the Peace before whom the Parties offending fhall happen to be convicted, who (hall and is hereby authorized and required falter the Charges of Conviction are dedu.cted) to pay one Moiety thereof to the Informer who fhall in- form, Cue or profecute for the fame, and to pay the other Moiety thereof to the Treafurer of the faid Weft Riding of" the County of York at the next Quarter-Seffions to be held for the faid Riding after the faid Penalty fhall be fo paid, to be applied towards defraying the Expences of carrying this Act into Execution, in fuch Manner as the Juftices of the Peace for the faid Riding at their faid Quarter-Seffions fhall direct and appoint ; and if any Offender or Offenders fo convicted (hall, by the Space of ten Days next after his, her or their Conviction (Notice being thereof given to him, her or them, at his, her or their Dwelling-houfe or laft Place of Abode) negle£t or refufe to pay any Penalty or Forfeiture by him, her or them incurred by reafon of this Act, or fhall not appeal to the Quarter-Seffions as herein after is provided, that then, and in fuch Cafe, it fhall and may be lawful for the Juftice or Juftices of the Peace before whom fuch Conviction (hall be made, or any other Juftice or Juftices of the Peace for the faid Riding, not being a Dealer in Woollen Cloth, upon a Certificate of fuch Convic- tion, to iffue out one or more Warrant or Warrants under his or their Hands and Seals to the Conftable of the Town or Place, or to the Bailiff or Bailiffs of the Liberties, Wapentakes or Limits where fuch Offender or Offenders do or fhall inhabit, thereby commanding him or them to levy the fame by Di- ftrefs and Sale of fuch Offender's Goods and Chatties, returning the Overplus (if any be) after paying the Charges of fuch Diftrefs and Sale to the Owner or Owners thereof who fhall demand the fame ; and if no fufficient Diftrefs can be found, then to commit fuch Offender or Offenders to the Houfe of Correction within the faid Weft Riding, there to be kept to hard Labour for the Space of one Month. XI. Provided always, and it is hereby declared and enacted, That all Informations and Profecutions- whatfoever, which (hall be brought or profecuted for any of the Penalties or Forfeitures in this Act mentioned, againft any Mill-man, or Owner or Occupier of any Fulling-mill, or againft any Searcher to be appointed in purfuance of this Act, fhall be commenced and profecuted within eight Days after the Cloth, touching which fuch Offence fhall arife, (hall be removed from the FuUing-mill ; and that all Informations or Profecutions againft any Clothier or Maker of, or Dealer in Cloth, (hall be commenced within one Month after the Cloth, touching which fuch Offence fhall arife, is fold and delivered out of his, her or their Cuftody ; and that all other Profecutions and Informations againft any other Perfons whatfoever for any of the Penalties or Forfeitures in this Act mentioned (hall be commenced or brought within one Month after the Offence is committed. XII. Provided always, and it is hereby enacted by the Authority aforefaid, That if any Perfon or Perfons (hall find him or herfelf aggrieved by any Order or Warrant made by any Juftice or Juftices of the Peace upon any Conviction before him or them in purfuance of this Act, ftich Perfon or Perfons may appeal to the next General Quarter-Seffions to be held after fourteen Days from fuch Conviction, for the faid Riding of the faid County of York, giving ten Days Notice of fuch Appeal to the Perfon or Perfons di'fcovering the Offence on which the Conviction was made ; and if the Juftices at their faid Quarter-Seffions (hall think fit either to confirm or difannul the Orders or Proceedings of the faid Juftice or Juftices, they fhall allow fuch Cofts and Charges to the Party aggrieved thereby, as they (hall think reafonable, to be levied and paid in fuch Manner, as is ufual in Cafes of Appeals from any Order of the Juftices of the Peace to the Seffions, whofe Order herein (hall be final. XIII. Provided alfo, and it is hereby declared, That it fhall and may be lawful to and for every Clothier, or Maker of Narrow Woollen Cloth, in the faid Weft Riding of the faid County of York, to make every Piece of Narrow Woollen Cloth (except as before excepted) to be by him made, from and after the faid firft Day of Juguft one thoufand ieven hundred and thirty-eight, of fuch Length and Breadth as he fhall think fit ; any Law, Statute or Ufage to the contrary in any wife notwithilanding. ' XIV. And whereas feveral of the faid Narrow coloured Cloths are made in the faid Weft Riding of ' theCounty of York, and in Times of great Drought or Froft, and at fome other Times, are moft con- ' Men and Cloth Searchers are by this Act appointed to put in Execution the feveral Powers hereby ' granted, and afterwards the fame Cloths are expofed to Sale in the faid Weft Riding of the faid Coun- Cloth 8
 * veniently milled in the adjacent Parts of the Counties of Lanccftcr, Chejier or Derby, where no Mill-
 * ty of York j ' It is hereby further enacted, That for the better Regulation thereof, all and every fuch