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3 & 4 Vict. c. 91. s. 6.
In proceeding under search warrant, proof not to be deemed necessary where oath has been made of reasonable suspicion of purloining, &c.
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3. And whereas by the said Act it is enacted, that if any credible person should make oath before a justice of the peace that there is 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 thereby authorized and required to grant his warrant to search the dwelling house and premises of such person; and the said enactment now in recital authorizes such proceedings as therein are mentioned to be taken against such person, in case any such property should be found in his possession or in such dwelling house or premises: And whereas doubts are entertained whether, in proceeding against any party under the said enactment, it is necessary to prove that such cloths, yarns, materials, tools, or apparatus as therein are mentioned, have been actually purloined or embezzled; and it is expedient to remove such doubts: Be it therefore enacted that it shall not be necessary, in any proceedings under the lastly herein-before recited enactment, to prove that the cloths, yarns, materials, tools, or apparatus, in respect of which such proceedings shall take place, have been purloined or embezzled, in case the party making oath before a justice of the peace that there is reasonable cause to suspect that a person has in his possession or premises any purloined or embezzled cloths, yarns, materials, tools, or apparatus, do likewise make oath that he suspects the same to have been purloined or embezzled.
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