Page:Ruffhead - The Statutes at Large - vol 7.djvu/194

 50 C, 2 Anno vlceumo fecundo Georgii II. A. D. 1749. PciTons convii^t- ed of buying or receiving Mate- rials from Work- men, ?.'naityof afub- it fpeftivel'y committed ; and in cafe of a further Convittion, in Manner before prcfcrlbed by this Act, for i.iiuent Offence, q,. ^.pQp, ^ fecond or other fubfequent OfFence of the fame Kind, it (hall and may be lawful to and for the Jullice or Jiiftices, before whom iuch Conviclion fhall be had,, to commit the Perfon or Perfons fo again of- fending to the Houfe of Corredtion., or other publick Prifon as aforefald, there to be kept 10 hard Labour for any Time not exceeding three Months, nor lefs than one Month, and alfo to order the Peribn or Per- fons fo again offending, to be publiclcly whipped at the Market Place, or fome other publick Place of the City, 7"ovvn or Place where fuch OfFender or Offenders fliall be refpeftively committed, twice or oftener, as to fuch Judrice or Juffices fliall appear reafonable ; any thing in the faid Adt of the firfi: Year of her faid late Majefly's Reign, or in the faid in Part recited A£t of the thirteenth Year of his prefent Majefty's Reign, to the contrary in any wife notwithftanding. II. And be it further enadted by the Authority aforefaid. That if any Perfon or Perfons (hall buy, receive, accept or take, by way of Gift, Pawn, Pledge, Sale or Exchange, or in any other Manner whatfoever, of or from any Perfon or Perfons, hired or employed to make any Felt or Hat, or to prepare or work up the Woollen, Linnen, Fuftian, Cotton, Iron, Leather, Furr, Hernp, Flax, Mohair or Silk Manufactures, or any Manufactures made up of Wooll, Furr, Hemp, Flax, Cotton, Mohair or Silk, or of any of the faid Materials mixed one with another, any Thrums or Ends of Yarn, or any other Materials of "VVooll, Furr, Hemp, Flax, Cotton or Iron, or any Leather, Mohair or Silk, whether the fame, or any Part thereof, be or be not firft wrought, made up or manufadtured,. knowing the Perfon or Perfons of whom he, fhe or they fo buy, receive, accept or take the faid Materials, to be fo hired or employed as aforefaid, and not having firft obtained the Confent of the Perfon or Perfons fo hiring or employing him, her or them, who fhall of- fer to to fell, pawn, pledge, exchange or otherwife difpofe of the faid Materials, or fliall buy, receive, ac- cept or take, in any Manner whatfoever, of or from any other Perfon or Perfons whomfoever any of the faid Materials, whether the fame be or be not firft v/rought, made up or manufactured, knowing the fame to be fo purloined or imbezilled ; then, and in every fuch Cafe, the Perfon or Perfons fo buying, receiving, accepting or taking any fuch Materials, being thereof lawfully convicted, in Manner before prefcribed by this A(St, for the Convidtion of Perfons purloining or imbezilling the faid Materials, fhall, for the firft Of- fence, forfeit the Sum of twenty Pounds ; and in cafe the faid Forfeiture fhall not be immediately paid, the Juftice or Juftices before v/hom fuch Convidtion fliall be had, fhall commit the Party or Parties fo convicted and onNonpay- to the Houfe of Corredtion, or other publick Prifon as aforefaid, there to be kept to hard Labour, for the ment to be com- gp^i^e of fourteen Days, unlefs the faid Forfeiture fnall be fooner paid; and if within two Days before the Expiration of the faid fourteen Days, the faid Forfeiture fliall not be paid, the faid Juftice or Juftices is and are hereby impowered and required, to order the Perfon or Perfons fo convidted, to be publickly whipped at the Market Place, or fome other publick Place of the City, Town or Place where fuch Offender or Of- fenders fliall be refpedtively committed, once or oftener, as to fuch Juftice or Juftices fhall appear reafon- able; and in cafe of a further Convidtion, for or upon a fecond or any other fubfequent Offence of the ' fame Kind, the Perfon or Perfons fo again offending, being thereof convidted in A'lanner before prefcribed by this Adt, fhall, for every fecond or other fubfequent Offence, forfeit the Sum of forty Pounds ; and in cafe the faid Forfeiture fliall not be immediately paid, the Juftice or Juftices, before whom fuch Convidtioa fhall be had, fhall commit the Party or Parties fo convidted to the Koufe of Corredtion, or other publick Prifon as aforefaid, there to be kept to hard Labour for any Time not exceeding three Months, nor lefs than one Month, unlefs the faid Forfeiture fliall be fooner paid ; and if within feven Days before the Expiration' of the Time for which fuch Offender or Offenders fhaU be fo committed, the faid Forfeiture fhall not be paid, the faid Juftice or Juftices is and are hereby impowered and required to order fuch Offender or Of- fenders to be publickly whipped at the Market Place, or fome other publick Place of the City, Town or Piace where he, fhe or they fhall be refpedtively committed, twice or oftener, as to fuch Juftice or Juftices 1 fhall appear reafonable; and the faid refpedtive Forfeitures of twenty Pounds and forty Pounds, when re- covered, after Satisfaction fliall have been made thereout to the Party or Parties injured, together with fuch Cofts of Profecution as fliall be judged reafonable by the Juftice or Juftices before whom fuch Convidtio^ fliall have been had, fliall be equally diftributed amongft the Poor of the Parifli or Place where the Perfon or Perfons fo convidted fhall relide or inhabit ; any thing in the faid two firft-mentioned Adts, or either of them, to the contrary in any wife notwithftanding. III. Provided always, and it is hereby enadted. That if any Perfon convidted as aforefaid, of buying, receiving or taking to pawn any of the Materials herein before-mentioned, fliall think himfelf or herfelf aggrieved by the Judgment of the Juftice or Juftices, before whom he, fhe or they fliall have been con- vidted, fuch Perfon fhall have Liberty to appeal to the Juftices, at the next General or Qiiarter Seffions of the Peace, which fhall be held for the County, Riding, Divifion, City, Liberty, Town or Place where fuch Judgment fliall hsve been given ; and that the Execution of the fiid Judgment fliall in fuch Cafe be fuf- pended, the Perfon fo convidted entering into a Recognizance at the Time of fuch Convidtion, with tv.-o fuff.cient Stireties, in double the Sum which fuch Perfon fliall have been adjudged to forfeit, upon Condi- tion to profecute fuch Appeal with Effedt, and to be forth coming to abide the Judgment and Determina- tion of the Juftices in the laid General or Qiiarter Seilions ; which Recognizance the faid Juftice or Juf- tices, before whom fuch Convidtion fliall be hn'd, is and are hereby impowered and required to take; and the Juftices, in the faid General or Qiiarter Seffions, are hereby authorized and required to hear and finally determine the Matter of the faid Appeal, and to award fuch Cofts as to them fliall appear juft and reafonable to be paid by either Party ; and if upon the Hearing of the faid Appeal, the Ju igment of the Juftice or Juftices, before whom the Appellant fliall have been convi(Sted, fliall be affirmed, fuch Appellant fliall im- mediately pay the Sum which he or fhe fliall have been adjudged to forfeit, together with fuch Cofts as the Juftices, in the faid General or Quarter Seffions fliall award, to be paid by him or them for defraying the Expences fuftained by the Defendant or Defendants in fuch Appeal ; or in Default of making fuch Pay- ments, fhall fuffer the refpedtive Pains and Penalties by this Adt inflidted upon Perfons who fhall neglect to to forfeit for tlie firit Offence zol. mitted, and whipped ; End in cafe of fubrcqiient Of- fence, to foifeit /;oI. &c. Appeal given to Perfons conviill cd of buying IViatetiais. The Appellant giving Stcuiiiy, Sec.