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Hosiery Act 1843

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XIPunishment of Persons convicted of Misdemeanor.

And be it enacted, That any Person who shall be deemed and adjudged guilty of a Misdemeanor, agreeably to any of the Provisions of this Act, shall, in addition to being deprived without Compensation of any such Materials, Tools, and Apparatus which have been purloined, embezzled, or otherwise fraudulently disposed of, and which shall have been found in his Possession, forfeit any Sum not exceeding Twenty Pounds for each Offence, together with Costs, upon being thereof lawfully convicted by the Oath of One or more credible Witness or Witnesses, before Two or more Justices of the Peace; and every such Forfeiture shall be applied, under the Direction of the Justices so convicting, 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 fit, 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 Forfeiture and Penalty, with Costs, immediately on Conviction, or within such Period as the Court shall direct, any Justice or Justices may issue his or 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 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 Forfeiture and Costs, any Justice or 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 imprisoned there, with or without hard Labour, as to the said Court shall seem meet, for any Term not exceeding Four Calendar Months, unless the Amount of such Forfeiture and Costs, or so much thereof as shall not have been paid previously to the Commencement of such Imprisonment, be sooner paid.

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