Hosiery Act 1843
| Jurisdiction | UK Non-devolved |
| Citation | 1843 c. 40 |
| Year | 1843 |
(6 & 7 Vict.) C A P. XL.
[1st August 1843]
'WHEREAS an Act was passed in the Session of Parliament held in the Eighth and Ninth Years of KingWilliam the Third, intituled , whereby (amongst other Matters therein contained) certain Penalties, Forfeitures, and Punishments therein referred to were imposed upon Persons embezzling or otherwise unlawfully selling or receiving, as therein is mentioned, Silk delivered by the Silk Manufacturers to be worked up: And whereas an Act was passed in the First Year of the Reign of Her late Majesty QueenAnne , intituled And whereas the said Act was made perpetual by an Act passed in the Ninth Year of the Reign of Her said late Majesty QueenAnne , intituled And whereas an Act was passed in the Twelfth Year of the Reign of His late Majesty KingGeorge the First, intituled And whereas an Act was passed in the Thirteenth Year of His late Majesty KingGeorge the Second, intituled Anne,intituled 'An Act for the more effectual preventing the Abuses and Frauds of Persons employed in the working up the Woollen, Linen, Fustian, Cotton, and Iron Manufactures of this Kingdom;' and also for extending the said Act to the Manufacture of Leather: And whereas an Act was passed in the Twenty-second Year of the Reign of His late Majesty King George the Second, intituled And whereas another Act was passed in the Seventeenth Year of the Reign of His late Majesty KingGeorge the Third, intituled And whereas an Act was passed in the Thirty-second Year of His late Majesty KingGeorge the Third, intituled And whereas the Provisions of the said Acts have not been effectual to prevent Frauds, Embezzlements, and Abuses by Persons employed in the Woollen, Linen, Cotton, Flax, Mohair, and Silk Hosiery Manufactures; and it is expedient to repeal so much of the said recited Acts as relates to the said Manufactures, and to make further Provisions in lieu thereof, as well for the Benefit and Encouragement of Trade and Manufactures as for the Security of the Property of Manufacturers and the Wages of the Workmen engaged in the said Manufactures:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Commencement of this Actso much of the said recited Acts or any of them 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, shall, so far as respects the Manufactures, Trades, Occupations, and Employments herein-after mentioned, be and the same are hereby repealed, save and except so far as the same may have repealed any former Acts or Enactments.
II Persons convicted of pawning or embezzling any Materials herein particularized to forfeit the Value of the same, with Penalty, and Costs.
II. And be it enacted, That if any Person whosoever intrusted with any Woollen, Worsted, Linen, Cotton, Flax, Mohair, or Silk Materials, for the Purpose of being prepared, worked up, or manufactured, either by himself or by any Person or Persons to be employed by or under him, or by himself jointly with any Person or Persons to be employed with, by, or under him, or for any Purpose or Work connected with Manufacture or incidental thereto, or any Parts, Branches, or Processes thereof, or any Tools or Apparatus for manufacturing the said Materials, shall sell, pawn, purloin, embezzle, secrete, exchange, or otherwise fraudulently dispose of the same Materials, Tools, or Apparatus, or any Part thereof, he shall, upon being thereof lawfully convicted by the Oath of the Owner of such Materials, Tools, or Apparatus, or any Part thereof, or of any other credible Witness or Witnesses, before Two or more Justices of the Peace, forfeit the full Value of the same, and also forfeit such Penalty, not exceeding Ten Pounds, together with Costs, as to the said Justices shall seem meet; and every such Forfeitureand Penalty shall be applied, under the Direction of the convicting Justices, in manner following; (that is to say,) in the first place, in making such Satisfaction to the Party injured as the said Justices shall think proper; and the Remainder, if any, shall be applied in the same Manner as is herein-after directed for the Disposal of any other Penalty under this Act; and in default of Payment of such Forfeitureand Penalty, with Costs, immediately on Conviction, or within such Period as the Justices so convicting may direct, the said Justices may issue their Warrant to distrain and sell the Goods and Chattels of the Person so convicted, for the Amount thereof, and Costs; and the Proceeds of any Distress, after paying the Penalty, Forfeiture, and Costs, and also the Costs of such Distress, shall be paid over to the Person convicted; but if no sufficient Distress shall appear or shall be found whereon to levy the said Penalty, Forfeiture, and Costs, 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, to be there imprisoned, with or without hard Labour, as to the said Justices shall seem meet, for any Term not exceeding Three Calendar Months, unless the Amount of such Forfeiture and Penalty, with Costs, or so much thereof as shall not have been paid previously to the Commencement of such Imprisonment, be sooner paid.
III Persons neglecting to return Materials within a prescribed Time to be subject to the same Punishment as for Embezzlement.
III. And be it enacted, That if any Person whosoever intrusted with any Woollen, Worsted, Linen, Cotton, Flax, Mohair, or Silk Materials, for the Purpose of being prepared, worked up, or manufactured, either by himself or by any Person or Persons to be employed by or under him, or by himself jointly with any Person or Persons to be employed with, by, or under him, or for any Purpose or Work connected with Manufacture or incidental thereto, or any Parts, Branches, or Processes thereof, or with any Tools or Apparatus for manufacturing the said Materials, shall neglect or delay to return the said Materials, Tools, or Apparatus, or any Part thereof, for the Space of Fourteen clear Days after being required so to do by the Party intrusting him therewith, or by some Person on his Behalf, by Notice in Writing to be served upon or left at the last or usual Place of Abode or Business of such Person (unless prevented by some reasonable and sufficient Cause, to be allowed by the Justices before whom he shall be brought), then and in every such Case all or so much or so many of the said Materials, Tools, or Apparatus as shall not be returned to the Person so intrusting him therewith within the Time aforesaid, shall be deemed to be embezzled by the Person so neglecting or delaying to return the same; and the Person so neglecting or delaying to return the same shall for every such Offence be liable to be proceeded against for Embezzlement, in the same Manner, and subject to the same Forfeiture and Penalty, with Costs, and to be applied in the same Manner, as are respectively herein-before prescribed and imposed in respect to Persons selling, pawning, purloining, embezzling, secreting, exchanging, or otherwise fraudulently disposing of the said Materials.
IV Persons knowingly purchasing or receiving embezzled Materials or Tools, guilty of a Misdemeanor, punishable as after mentioned.
IV. And be it enacted, That any Person who shall purchase or take in pawn, or who in any other Way shall receive into his Premises or Possession, any Woollen, Worsted, Linen, Cotton, Flax, Mohair, or Silk Materials, and whether the same or any Part of the said Materials be or be not wholly or partially wrought, made up, or manufactured into merchantable Wares, or any Tools or Apparatus for manufacturing the same, knowing that such Materials, Tools, or Apparatus are purloined or embezzled or fraudulently disposed of, or that the Person from whom he shall purchase, take in pawn, or receive the same is fraudulently or unlawfully disposing thereof, or knowing such Person to be employed or intrusted by any other Person or Persons to work up either by himself or by or with others the Materials so purchased, taken in pawn, or received for any other Person or Persons, and not having first obtained the Consent of the Person or Persons so employing or intrusting him therewith, shall, on Conviction by the Oath of the Owner or of any other credible Witness or Witnesses, be deemed and adjudged guilty of a Misdemeanor, and be punished in manner herein-after mentioned.
V Persons knowingly selling, &c. embezzled Materials or Tools, guilty of a Misdemeanor, punishable as after mentioned.
V. And be it enacted, That if any Person shall sell, pawn, pledge, exchange, or otherwise unlawfully dispose of, or offer to sell, pawn, pledge, exchange, or otherwise dispose of, any such Materials, Tools, or Apparatus as aforesaid, knowing the...
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