1st Offence.] Not exc. 40s. nor less 2nd Offence.] The like penalty; but Subsequent Offences.] The like pe- Imprisonment, with hard labour, for not exc. 3 cal. months, nor (id. s. 4). R. v. Wilcocks, 14 Law J. Rep. (N. S.) M. C. 104). No. 12, p. 151. OFFENCES within the 11 & 12 VICT. c. 43. MANUFACTURES, &c.-continued. 21. Buying, 22. Receiving, II. AS TO WORKMEN, &c. -continued. or materials or tools, &c. from any person employed in these ma- or 23. Buying, &c. knowing the same to be purloined or embezzled. Statute. 22 Geo. 2, c. 27, s. 2 (17 Geo. 3, c. 56, s. 3). 24. Having such materials in house, outhouse, yard, garden or other place, and found therein by virtue of search warrant, and not giving satisfactory account how came by same. 17 Geo. 3, c. 56, s. 10 (Note 149). 25. Having, carrying or conveying materials, &c. suspected to be purloined or embezzled, and not producing the party entitled to dispose of the same, of whom he bought or received the same, &c. 26. Any person hired, retained or employed as a journeyman dyer, or as a servant or apprentice, wilfully dyeing such materials without consent of employer, or 27. Without such consent wilfully receiving same for the purpose of dyeing. Id. s. 11. Id. s. 17. (149) Decision.] The case of R. v. Joseph Wilcocks (14 Law J. Rep. (N. S.) M. C. 104; 9 J. P. 324) was upon this section, in which it was held that it was not necessary that the conviction should state that the materials were found concealed in the house, nor that they were found under a search warrant. Apprehension of Offenders.] Every peace officer, &c., or every watchman on duty, may apprehend or cause to be apprehended every person who may reasonably be suspected of having or carrying, or anyways conveying, at any time after sunsetting and before sunrising, any materials suspected to be purloined or embezzled, and the same, together with such person, as soon as conveniently may be, convey or carry before any two justices (s. 11). Search Warrant.] Sect. 10 authorizes any two justices, upon complaint upon oath, to grant a search warrant for embezzled materials, &c.; and if any found, the same, and occupier of house, &c. to be brought before any two justices. (Form of Search Warrant, No. 15a," Formulist," p. 152.) Adjournment.] By s. 12 the justices may take surety for the offender's appearance, where Time of laying Information, &c. Number and what Justices to convict. Penalty, &c. If Ap peal, and Penalty, &c. Page, &c. Time, to whom of Formulist. (17 The like as 1st Offence. Not more than £40 Yes 2nd Offence. Commitment for trial Nos. 13, 14, p. 151. Id. Id. Id. Subsequent Offences. 40s. In either case, in default of pay- he requests an adjournment to produce the person of whom he received the materials, &c. (150) Disposal of Materials found, after Conviction.] By s. 13 of 17 Geo. 3, c. 56, where persons convicted of Offences 24 and 25, convicting justices may cause materials found or seized to be deposited with churchwardens or overseers of the poor where found, &c., or in any other convenient place, for not exceeding thirty days; in the meantime to order the said churchwardens or overseers to insert an advertisement in newspaper, or otherwise notice by public crier, and by fixing on the church or chapel door notice describing materials, &c. Justices to order restitution to owner, if proof satisfactory, after paying the reasonable charges incurred. If before the end of the thirty days no claim proved, then the justices to direct them to be sold, and, after paying charges, &c., one moiety paid to the person apprehending or prosecuting the offender, and the other moiety to poor of parish or to a public charity [repealed by 58 Geo. 3, c. 51, s. 2; and payable by s. 3, one moiety to informer and the other moiety (or whole, if informer give evidence, s. 4) to churchwardens and overseers of poor. See R. v. Joseph Wilcocks, supra, Note 149. OFFENCES within the 11 & 12 VICT. C. 43. MANUFACTURES-continued. II. AS TO WORKMEN, &C.-continued. Statute. 28. Any person procuring any such materials to be dyed by any person 17 Geo. 3, c. 56, so employed, without consent of employer, or 29. Offering any material to any person so employed, for dyeing. s. 17 (Note 149, ante, p. 250). 30. Neglecting Work. &c.] Any person hired, retained or employed to prepare or work up materials for any master, wilfully neglecting or refusing the performance thereof for 8 days successively, or 31. Having materials from one master, afterwards taking materials from another, or 32. Procuring or permitting himself to be employed or retained in any other occupation sooner than 8 days before completion of work first taken. III. AS TO WORKMEN IN THE COTTON, FLAX, LINEN, MOHAIR, SILK, 33. Persons entrusted with materials to prepare, work up, or manufacture, 37. Neglecting or delaying to return materials, &c. for 14 clear days after being required by notice in writing (unless prevented by sufficient cause), deemed guilty of embezzlement (s. 3). 38. Purchasing, taking in pawn, or receiving into possession any such purloined materials, &c. knowing them to be such, or knowing that the person from whom he received them is employed to work up same, and not having first obtained the employer's consent. Id. s. 8. Id. 6 & 7 Vict. c. 40, s. 2 (Note 151). Id. s. 4. (151) Special Powers.] There are some special provisions in this act, among them the following: 1. Justices may award costs to a defendant, with allowance for loss of time; and if a charge be malicious, frivolous or vexatious, or if it shall be proved on a charge of embezzlement, that the materials were knowingly and fraudulently delivered by the employer in a damp state, to award to defendant not exceeding £20 for the injury done, leviable by distress (s. 21), and in default, imprisonment as scale in offence under s. 13, Offence No. 49 (s. 27); 2. Justices may grant a search warrant for embezzled materials (s. 8); 3. Justices may order the restoration of master's frames seized for rent owing by workmen, and recover damage done, and costs, by distress of landlord (s. 19). 4. Informer or particeps criminis may be a witness (s. 24). (152) Appeal.] If the sum adjudged to be paid exceed 20s.,-or the imprisonment exceed |