$ 1. Offenders stealing or cutting cloth, &c. from racks or tenters, ousted of clergy. Judge may reprieve and transport offenders for seven years; and offenders re fusing to be transported, or returning there from, shall be put to execution upon the judge ment given. VIII. Larceny from Bleaching Crofts, Racks or Tenters, and of Wool, &c. left out to dry, and robbing Manufactories. Whereas many evil-disposed persons have of late, more fre quently than formerly, practised the Cutting of Cloth and other Woollen Manufactures, in the night-time, off from the Racks or Tenters where the said Cloth is put for the drying thereof, and feloniously steal and carry away the same; be it enacted, that no person nor persons who shall be indicted for feloniously cutting and taking, stealing or carrying away, of any Cloth or other Woollen Manufactures from the Rack or Tenter, in the night-time, and be thereupon found guilty by verdict of twelve men, or shall confess the same upon his or their arraignment, or will not answer directly to the same according to the Laws of this Realm, or shall stand wilfully or of malice and obstinately mute, or challenge peremptorily above the number of twenty, or shall be upon such Indictment outlawed, shall be admitted to the benefit of Clergy, but be utterly excluded thereof and suffer Death. 22 Car. 2. c. 5. s. 3. The Judges or Justices of the Court before whom such Offender shall be arraigned and condemned, at their discretion may grant a Reprieve for the staying of Execution of such Offender, and cause such Offender to be transported to any of his Majesty's Plantations beyond the Seas for seven years, to be accounted from the time of such Transportation, and during all that time there to be kept to labour; and if such Offender shall refuse to be transported, or after such Transportation shall return or come again into England, Wales, or Berwick-uponTweed, within the time aforesaid, that then the person so returning shall be put to Execution upon the Judgment so given against him. s. 4. 66 The Statute 51 G. 3. c. 41. intituled " an Act to repeal so much of an Act [18 G. 2. c. 27.] as takes away the benefit of Clergy from persons stealing Cloth in places therein mentioned, and for more effectually preventing such Felonies," repeals the first section of 18 G. 2. c. 27. and recites, that the said Act had not been found effectual for the prevention of the crimes mentioned in the said recited Statute, and that it might tend more effectually to prevent the aforesaid Crimes, if the same were Persons stealing punishable more severely than simple Larceny; and then (s. 2.) enacts, that from and after the passing of this Act, every person who shall feloniously steal any Linen, Fustian, Calico, Cotton Cloth, or Cotton worked, woven, or made of any Cotton linen, fustian, calico, &c. or cotton or linen yarn, or incle, filletting, &c. exposed to be printed or bleached, &c. in any bleaching grounds or houses to the value of 10s. or Linen Yarn mixed, or any Thread, Linen, or Cotton Yarn, Linen or Cotton Tape, Incle, Filletting, Laces, or any other Linen, Fustian, or Cotton Goods or Wares whatsoever, laid, placed, or exposed to be printed, whitened, bowked, bleached, or dried, in any whitening or bleaching Croft, Lands, Fields, or Grounds, Bowking House, Drying House, Printing House, or other Building, Ground or Place made use of by any Calico Printer, Whitster, Crofter, Bowker, or Bleacher, for printing, whitening, bowking, bleaching, or drying of the same, to the value of Ten Shillings; or who shall aid or assist, or wilfully or or hiring, &c. maliciously hire or procure any other person or persons to commit any such Offence; or who shall buy or receive any such Goods or Wares so stolen, knowing the same to be stolen as aforesaid, being lawfully convicted thereof, shall be liable to be transported beyond the Seas for Life, or for such term, not less than Seven Years, as the Judge before whom any such person shall be convicted shall adjudge; or shall be liable, in case the said Judge shall think fit, to be imprisoned and kept to hard labour in the Common Gaol, House of Correction, or Penitentiary House, for any Term not exceeding Seven Years. others to commit any such offen. ces; ceiving such goods, &c. or buying or re shall be liable to be transported for life, &c. $ 2. The Statute 15 G. 2. c. 27. recites that Clothiers and others concerned in the Woollen Manufacture are under a necessity of letting their Cloth and other Woollen Goods remain upon the Rack or Tenters, as also of suffering their Wool to lie exposed in the Night-time, in order the better to dry and prepare the same; whereby their said Goods are more frequently liable to be stolen by wicked and evil designing persons, who are encouraged in their wickedness by the difficulty of proving the identity of the Goods stolen; and then, "to secure the property of such Clothiers, and others concerned in the Woollen Manufacture, and to facilitate a discovery of such Goods so stolen," enacts that from and after the 29 Sept. 1742, in case any Cloth or Woollen Goods remaining upon the Rack or Tenters, or any Woollen Yarn or Wool left out to dry, shall be stolen or taken away in the Night-time, it shall and may be lawful to and for any one or more Justice or Justices of the Peace of the same County or Place, upon Complaint made to him or them, within Ten Days after such Cloth, Woollen Goods, Woollen Yarn, or Wool shall have been so stolen or taken away, by the Owner of such Cloth, Woollen Goods, Woollen Yarn, or Wool by Search may be Warrant under his or their Hands and Seals, to authorize and made for woollen empower any Constable, Headborough, or other Peace Officer, goods or wool in the Day-time, to enter into and search the Houses, Out- or left to dry. stolen off tenters, Such goods found, to be accounted for houses, Yards, Gardens, or other Places belonging to the Houses of all and every person or persons whom the Owner of such Cloth, Woollen Goods, Woollen Yarn, or Wool, shall, upon his Oath, declare to such Justice or Justices of the Peace he suspects to have stolen, taken away, or received the same; and in case such Constable or other Officer shall find or discover any Cloth, Woollen Goods, or Wool, which he shall, from the information of the person making such Oath, have reason to suspect to be so stolen, taken away, or received, he shall forthwith apprehend all and every person or persons in whose Custody or Possession such Cloth, Woollen Goods, or Wool shall be found, and carry him, her, or them before some Justice or Justices of the Peace of the same County, Riding, Division, Liberty, City, or Town Corporate; and if the said person or persons so suspected, apprehended, and carried before the said before a Justice. Justice or Justices, shall not then and there give a satisfactory account how he, she, or they acquired the Property or Possession of such Cloth, Woollen Goods, Woollen Yarn, or Wool, or shall not, within some convenient time to be set by the said Justice or Justices, produce the Party or Parties of whom he, she, or they received the same, or some other credible Witness to depose upon oath such Property or Right to the Possession of the said Cloth, Woollen Goods, Woollen Yarn, or Wool, (which oath the said Justice or Justices is and are hereby empowered to administer), that the said person or persons so suspected, and not giving such satisfactory account, nor producing any such Witness upon oath to testify as aforesaid, shall be deemed and adjudged as convicted of the said Offence of stealing or taking away the said Cloth, Woollen Goods, Woollen Yarn, or Wool, and shall for the first Offence forfeit and pay to the Owner of such Cloth, Woollen Goods, Woollen Yarn, or Wool, treble the Value thereof; and in default of Payment thereof, in the time appointed by such Justice or Justices for the Payment thereof, such Justice or Justices of the Peace shall issue forth his or their Warrant to levy the same by distress and sale of the Offender's goods, returning the overplus, if any be; and in default of such distress shall commit the Offender or Offenders to the common Gaol of the County, City, or Place where the said Offender or Offenders shall be apprehended, there to remain for the space of Three Months without Bail or Mainprize, or until he, she, or they pay the same; and if such person or persons shall again commit the said Offence, and be thereof convicted as before, then they, and every of them so offending the second Offender to forfeit treble value. Penalty to be levied by distress and sale; or the offender to suffer three months imprison ment. six months im time, and being thereof so convicted, shall, over and above the Second offence, Forfeiture of treble the Value of the Cloth, Woollen Goods, prisonment, Woollen Yarn, or Wool so found, to be recovered and levied besides the penalty. as aforesaid, be committed to the common Gaol as aforesaid, there to remain for the space of Six Months without Bail or Mainprize; and if such person or persons shall again commit the said Offence, and be thereof convicted as before, the Justice or Justices of the Peace, before whom such person or persons shall be so convicted as aforesaid, shall forthwith issue his or their Warrant to commit the said Offender or Offenders to the common Gaol as aforesaid, there to remain till the next Assizes or Great Session, where the said Offender or Offenders shall be tried for the said Offence; and in case such Offender or Offenders shall not, by producing the Party or Parties of whom he, she, or they acquired the Property or Possession of such Cloth, Woollen Goods, Woollen Yarn, or Wool, or otherwise prove, to the satisfaction of the Jury, that he, she, or they lawfully obtained the Property or Possession of the same, he, she, or they shall be adjudged to be guilty of Felony, and suffer Trans- Transportation portation for the space of Seven Years, and shall be liable to for seven years, the same Punishment, and to the like methods of Prosecution, Trial, and Conviction, for returning from such Transportation, as other Felons transported are liable unto by virtue of the Laws now in force. s. 1. for the third. offence. Provided always, that if any person or persons so suspected, and apprehended as aforesaid, shall find him, her, or themselves aggrieved by any Judgement or Determination which shall be given or made by any Justice or Justices of the Peace by virtue of this Act, it shall and may be lawful to and for such person or persons so aggrieved (unless he, she, or they have twice before been convicted of the same Offence) to appeal unto the Justices of the Peace in their General Quarter Sessions which shall Appeal to the happen to be held next after such Judgement or Determination Quarter Sesgiven or made, who are hereby authorized and empowered to give such Relief, and make such Order therein, as to them shall seem meet; and such Judgement, Order, or Determination as whose judgment shall be by them made upon the said Appeal, shall be final to shall be final. all intents and purposes whatsoever. s. 2. Provided also, that this Act shall not extend to alter or repeal any Law now in force, for the Punishment of any person or persons stealing or receiving such Cloth, Woollen Goods, Woollen Yarn, or Wool, except in such cases where the proof is laid upon the Offender or Offenders as aforesaid; any thing herein contained to the contrary notwithstanding. s. 3. sions; To what cases this Act shall not extend. § 3. Persons breaking destroy, &c. any § 4. into the British plate glass manufactory, with intent, or stealing or de stroying glass or tools, &c. shall be guilty of felony. If any person or persons shall by Day or Night break into any House, Shop, Cellar, Vault, or other Place or Building, or by force enter into any House, Shop, Cellar, Vault, or other Place or Building, with intent to steal, cut, or destroy any Linen Yarn or any Linen Cloth, or any Manufacture of Linen Yarn belonging to any Manufactory, or the Looms, Tools, or Implements used therein; or shall wilfully or maliciously cut in pieces or destroy any such Goods, either when exposed to bleach or dry; every such Offender, being thereof lawfully convicted, shall be judged guilty of Felony, and shall suffer as in cases of Felony without Benefit of Clergy. 4 G. 3. c. 37. s. 16. By s. 33. the Act is declared to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, &c. If any person or persons shall by Day or Night break into Persons breaking any House, Shop, Cellar, Vault, or other Place or Building, or by force enter into any House, Shop, Cellar, Vault, or other Place or Building, of the British Plate Glass Manufactory, or wherein the same shall be then carrying on, with intent to steal, cut, break, or otherwise destroy any Glass or Plate Glass, wrought or unwrought, or any Materials, Tools, or Implements used in, for, or about the making thereof, or any Goods and Wares belonging to the said Manufactory, or shall steal or wilfully or maliciously cut, break, or otherwise destroy any such Glass Materials, Tools, or Implements, every Offender being thereof lawfully convicted, shall be judged guilty of Felony, and shall be transported to one of his Majesty's Colonies or Plantations in America, for a Term not exceeding Seven Years. 13 G. 3. c. 38. s. 29. Continued by 38 G. 3. c. 17. S. 24. Loc. & Per. and altered. Persons taking or giving black mail shall be guilty of felony without clergy. IX. Larceny in Northern Counties by taking Black Mail. (And see Titles KIDNAPPING, NORTHERN COUNties.) By the Statute 43 Eliz. c. 13. reciting, that in the Counties of Cumberland, Northumberland, Westmorland, and the Bishoprick of Duresme, there had been many Incursions, Robberies, and burning and spoiling of Towns, Villages, and Houses within the said Counties, so that divers Subjects there had been forced to pay a certain Rate of Money, Corn, Cattle, or other Consideration, commonly called Black Mail, to divers persons inhabiting upon or near the borders, in alliance with great Robbers and Spoilers in those parts, thereby to be freed and protected from such as stole in those parts, enacts (s. 2.), that whosoever shall take, receive, or carry to the use of himself, or wittingly to the use of any other, any Money, Corn, Cattle, or other Consideration, commonly called Black Mail, for the protecting or |
