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TEXTILE MANUFACTURES (IRELAND) ACT 1842
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CHAPTER LXVIII.
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An Act to amend an Act of the Third and Fourth Years of Her present Majesty, for the more effectual Prevention of Frauds and Abuses committed by Weavers, Sewers, and other Persons employed in the Linen, Hempen, Union, Cotton, Silk, and Woollen Manufactures in Ireland, and for the better Payment of their Wages. [30th July 1842.]
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[Preamble recites 3 & 4 Vict. c. 91.]
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[S. 1 rep. 37 & 38 Vict c. 96. (S.L.R.).]
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Certain enactments in the said Act referring to the unlawful disposal of materials, &c. to extend and apply to cloths, tools, and apparatus.
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2. [Recitâl of 3 & 4 Vict. c. 91. ss. 4, 5, 10.] The said Act shall extend and apply to cloths made of linen, hempen, cotton, silk, or woollen yarns, or cloths made of any one or of any mixture of these materials, and also to such tools and apparatus as in the said Act are mentioned, in such and the same manner as if the words “cloths, tools, and apparatus” had been inserted and mentioned throughout the said several enactments, together with and in addition to “materials.”
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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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3 & 4 Vict. c. 91, s. 7.
Power to place a constable in charge of the premises, to prevent the removal of suspected property.
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4. And whereas the said Act contains a provision empowering any chief constable or chief of police, upon receiving information that stolen or purloined and embezzled linen, hempen, cotton, silk, or wollen yarns or cloths, made of any one or any mixture of these materials, or tools or apparatus for manufacturing the same, or that such yarns or goods suspected of being stolen or purloined and embezzled, are deposited in certain specified premises, and that there is reason to apprehend that such yarns or goods will be removed before a warrant can be obtained from a justice to search the said premises, and to seize such yarns or goods, and to proceed thereupon in a certain manner by the said Act directed: And whereas it is expedient to repeal so much of the said enactment as authorizes such seizure in the first instance by such chief constable or chief of police: be it therefore enacted, that so much of the said Act as authorizes any such chief constable or chief of police to in the first instance make such seizure shall be repealed; and that in lieu thereof, [Rep. 37 & 38 Vict. c. 96. (S.L.R.)] it shall be lawful for such chief constable or chief of police to place a constable or peace officer in charge of such premises, in order to prevent the removal of such property, for such reasonable time as he may consider necessary for the obtaining of such warrant as in the said Act mentioned.
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3 & 4 Vict. c. 91. s. 11.
Expenses of prosecution to be paid before restoration of property.
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5. And whereas provision is made by the said Act for the restitution of property found in the possession of a person convicted’ under the said Act, when, after advertising the same, as thereby directed, the ownership thereof shall be proved, upon payment of the reasonable cost of removing, depositing, and advertising and giving notice of the same: And whereas it is just that the expences of the prosecution shall also be paid by such owner, in case of such restitution: Be it therefore enacted, that no such property shall be restored until the expences of the prosecution shall also be paid by the owner, if not previously paid by the person convicted.
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3 & 4 Vict. c. 91. s. 21.
Landlord or other person seizing for rent due from weaver may give notice to manufacturer to remove his cloths, yarns, &c. and in default the manufacturer to lose his remedy.
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6. And whereas provision was made by the said Act restraining any landlord or other person from seizing or selling, by virtue of any distress warrant, execution, or other proceeding for rent in arrear or money due or alleged to be due by a weaver or worker, or on any other account whatever, any cloths, yarns, materials, or tools or apparatus for manufacturing the same, belonging to a manufacturer or agent, and entrusted by him to such weaver or worker for the purpose of manufacture, or any tools or apparatus actually employed in manufacturing such cloths or yarns: And whereas it is expedient to amend the said provisions: Be it therefore enacted, that if the landlord or other person making such seizure shall give the manufacturer or agent a notice in writing of such seizure having been made, and requiring him to have all such cloths, yarns, materials, or tools or apparatus removed off the premises, and he shall refuse or neglect to have the same removed within three days (exclusive of Sunday) from the time of service of such notice, then in such case such manufacturer or agent shall be deprived of any remedy he would otherwise be entitled to for the recovery of the same under the said Act, from such landlord or other person.
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[S. 7 rep. 37 & 38 Vict. c. 96. (S.L R.).]
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