Textile Manufactures (Ireland) Act 1840
| Jurisdiction | UK Non-devolved |
| Citation | 1840 c. 91 |
| Year | 1840 |
(3 & 4 Vict.) C A P. XCI.
[10th August 1840]
'WHEREAS several Acts from Time to Time have passed containing Regulations for the Linen, Hempen, Union, and Cotton Manufactures inIreland ; and such Regulations were, with certain Modifications, by an Act passed in the Fifth and Sixth Years of the Reign of His late Majesty King the Fourth, intituledAn Act to continue and amend certain Regulations for the Linen and Hempen Manufactures in Ireland, continued in force for the Space of Two Years, and from thence until the End of the then next Session of Parliament, when the same would expire, but were by an Act passed in the Firstand Second Years of the Reign of Her present Majesty, intituledAn Act to continue for Five Years, and from thence until the End of the then next Session of Parliament, an Act of the Fifth and Sixth Years of His late Majesty for the Regulation of the Linen and Hempen Manufactures in Ireland, continued in force for the Time therein limited and expressed: And whereas the Provisions of the said Act have not been found effectual to prevent or even materially to check the Theft and Embezzlement of Linen, Hempen, and Cotton Yarns, and of Cloths made of any one or of any Mixture of these Materials, in Ireland; and it is expedient to make further Provision, as well for the Benefit and Encouragement of Trade and Manufactures as for the Security of the Property of Manufacturers and Employers, and for that Purpose to repeal Part of the said Act, and to enact other Provisions in lieu thereof: And whereas it is necessary that the said Provision shall be extended to the Silk and WoollenManufactures:' 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 Act, so much of the said recited Act passed in the Fifth and Sixth Years of the Reign of His late Majesty KingWilliam the Fourth, and continued in force by the Act passed in the First and Second Years of the Reign of Her present Majesty, as relates to the Embezzlement of Materials, and to Manufacturers and Weavers, shall be and the same is hereby repealed, save and except in as far as the same may have repealed any former Acts or Enactments.
II Persons convicted of pawning or embezzling any of the Materials herein particularized to forfeit the full Value of the same with Costs.
II. And be it enacted, That if any Weaver, Sewer, or any other Person whatsoever, intrusted, for the Purpose of Manufacture, or for any special Purpose connected with Manufacture, with any Linen, Hempen, Cotton, Silk, or Woollen Yarns, or any Two or more of these Materials mixed with each other, or any Cloths made of any one or any Mixture of these Materials, or Tools or Apparatus for manufacturing the same, shall sell, pawn, purloin, embezzle, secrete, exchange, or otherwise fraudulently dispose of the same or any Part thereof, he shall, upon being thereof lawfully convicted by the Oath of the Owner of such Cloths or Materials, or of any other credible Witness or Witnesses, before a Court of Petty Sessions, or of General or Quarter Sessions, be liable to forfeit the full Value of the same, with such Costs and Penalty as shall not together exceed Five Pounds, as the Court before which the Conviction shall take place shall judge to be most proper; and every such Forfeitureand Penalty shall be applied, under the Direction of the Court before which the Conviction shall be, in manner following; (that is to say,) in the first place, the Expences of the Prosecution shall be thereout defrayed, and then such Satisfaction shall be made thereout to the Party injured as the said Court shall think proper, and the Remainder, if any, shall be applied in the same Manner as any other Penalty under this Act; and in default of the immediate Payment, on Conviction, of such Forfeiture and Penalty, the said Person so convicted shall be imprisoned in the Common Gaol or House of Correction, and there kept to hard Labour for any Time not exceeding Two Months, unless the Amount of such Forfeiture and Penalty and Costs be sooner paid.
III Persons knowingly purchasing or receiving stolen Materials or Tools guilty of a Misdemeanor;
III. 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, Linen, Hempen, Cotton, Silk, or Woollen Yarns, or Cloths made of any one or of any Mixture of these Materials, or Tools or Apparatus for manufacturing the same, knowing that such Yarns, Cloths, Tools, or Apparatus are embezzled, or that the Persons offering the same for Sale are fraudulently disposing thereof, shall, on Conviction by the Oath of One or more credible Witness or Witnesses, be deemed and adjudged guilty of a Misdemeanor.
IV as also Persons knowingly selling, pawning, &c. stolen Materials or Tools.
IV. 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 them to have been purloined or embezzled, or received from Persons fraudulently disposing thereof, he shall, on Conviction, be deemed and adjudged guilty of a Misdemeanor.
V Justice of the Peace empowered to issue his Warrant for the Apprehension of Offenders against this Act;
V. And be it enacted, That on Proof on Oath that there is just Cause to suspect that any such Materials, Tools, or Apparatus as aforesaid have been fraudulently sold, pawned, purloined, or embezzled by the Person to whom intrusted, or that any such Materials, Tools, or Apparatus have been purchased or received, or sold, pawned, pledged, exchanged, or otherwise fraudulently disposed of, or offered for Sale, Pawn, Pledge, Exchange, or other Disposal, by any Person knowing the same to have been purloined or embezzled, or received from some Person fraudulently disposing thereof, it shall and may be lawful for any One Justice of the Peace, and he is hereby required, to issue his Warrant for apprehending such Person, and bringing him before him or some other Justice of the Peace for Examination; and if upon such Examination the Charge of having fraudulently sold, pawned, purloined, or embezzled any such Materials, or of having purchased or received, or sold, pawned, pledged, exchanged, or otherwise fraudulently disposed of, or offered for Sale, Pawn, Pledge, Exchange, or other Disposal, any such Materials, knowing them to have been purloined or embezzled, or received from some Person fraudulently disposing thereof, shall be supported by Evidence to raise a strong Presumption of Guilt, such Justice shall commit such Person to the Common Gaol or House of Correction, in order that he may be brought forward for Trial at the next Court of Petty Sessions, or of General or Quarter Sessions, unless he enter into such Bail with Two solvent and sufficient Sureties, as may be required for his Appearance before such Court: Provided always, that the Prosecutor is hereby exclusively entitled to decide as to whether he shall prosecute in a summary Manner at the next Court of Petty Sessions, or otherwise.
VI Justice empowered to grant Search Warrants, and to detain Property or Persons.
VI. And be it enacted, That if any credible Person shall make Oath before a Justice of the Peace, that there is a reasonable Cause to suspect that any Person has in his Possession or on his Premises any purloined or embezzled Cloths, Yarns, Materials, Tools, or Apparatus, such Justice is hereby authorized and required to grant his Warrant to search the Dwelling House and Premises of such Person; and if any such Property shall be found therein, to cause the same, and the Person in whose Possession or on whose Premises the same shall be found, to be brought before him or some other Justice of the Peace, who is hereby authorized to order his Detention until the Court of Petty Sessions, or of General or Quarter Sessions of the District, unless he enter into such Bail, with Two solvent and sufficient Sureties, as may be required for his Appearance before the said Court on any Day to be fixed by such Justice; and if the Person so apprehended shall not give an Account to the Satisfaction of such Court how he came by the same, then the said Person shall be deemed and adjudged guilty of a Misdemeanor, and shall be punished in manner herein-after mentioned, although no Proof shall be given to whom such Property belongs.
VII Chief Constables and Chiefs of Police empowered to search the Premises of Purchasers and Receivers of purloined or embezzled Property, without a Justice's Warrant, upon Emergency.
VII. And be it enacted, That all Chief Constables and Chiefs of Police in any District inIreland , upon...
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