Trade Frauds Prevention Act 1849 No 22a (NSW)

No. XXIJ .

An Act for the more effectual prevention of

Frauds and Abuses committed by persons

employed in the manufacture of various

Articles of Trade. [5th September, 1849.]

WH E R E A S m a n y persons employed in the manufac ture of divers pur lo in ing embezzling secreting selling pawning or otherwise unlaw­

articles of t r ade have been gui l ty of frauds and abuses by

fully disposing of mater ia ls wi th which they have been in t rus ted and it is therefore become necessary to m a k e provision for prevent ing such offences for the fu ture Be it therefore enacted by His Excel lency the Governor of N e w South Wales with the advice and consent of the Legislat ive Council thereof Tha t if any person or persons whomsoever in t rus ted for t h e purpose of manufac ture or for a special purpose con­ nected wi th manufac ture or who shall be employed to make; any felt or ha t or to p repare or work u p any woollen l inen fustian cotton iron leather fur h e m p flax cot ton silk or any such mater ia ls mixed one wi th another or with any other art icle mater ia l s fabric or th ing or wi th any tools or appa ra tu s for manufac tu r ing the same shall sell pawn pur lo in secrete embezzle exchange or otherwise f raudulent ly dispose of t h e same or any par t thereof he or she shall be deemed and adjudged gui l ty of a misdemeanor and upon being thereof lawfully convicted shall sutler tine and imprisonment at t he discretion of the Court before w h o m such offender shall be tr ied.

2. A n d be it enacted Tha t any person or persons who may receive accept or t ake by way of gift pawn pledge sale or exchange or in any other manne r whatsoever of or from any person or persons h i red or employed as aforesaid any such woollen l inen fustian cot ton iron lea ther fur hemp flax cotton silk or any such mater ia ls mixed one wi th another or any other articles mater ia ls fabric or t h i n g what­ soever or any tools or appara tus for manufac tu r ing or working up the same knowing tha t any such articles mater ia ls fabric or th ing as aforesaid or any such tools or appara tus are purloined embezzled or secreted as aforesaid or t h a t the person or persons offering the same

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for sale or disposal as aforesaid are f raudulent ly disposing thereof shall be deemed and adjudged gui l ty of a misdemeanor and upon be ing thereof lawfully convicted shall suffer tine and impr i sonment a t t h e discretion of t he Cour t before w h o m such offender shall be tr ied.

3. A n d be it enacted That if any person or persons in t rus ted wi th any of t he mater ia ls hereinbefore ment ioned in order to prepare work u p or manufac ture the same shall not use all such mater ia ls in t he p r epa r ing work ing u p or manufac tu r ing of t he same and shall neglect or delay for t he space of t h i r t y days after such mater ia ls shall be prepared worked u p or manufac tured to r e tu rn (if required in wr i t ing by t h e owner of such mater ia ls so to do) so m u c h of the said mater ia ls as shall not be used as aforesaid to t h e person or persons in t rus t ing h im her or t h e m therewi th such neglect or delay shall be deemed and adjudged to be an embezzling pur lo in ing or secret ing of such mater ia l s and the person or persons so neglect ing or delaying being thereof lawfully convicted shall suffer fine and impr i sonment at the discretion of the Court before w h o m such offender shall be tried.
1. A n d be it enacted That it shall be lawful for any Jus t i ce of t he Peace upon information on oath to issue any search or apprehend­ ing w a r r a n t against any person or persons charged wi th any offence against the provisions of th i s Act and to proceed there in according to law.

5. A n d be it enacted That no offender against the provisions of th is Act shall be liable to prosecut ion unless proceeding be commenced against such offender wi th in six calendar m o n t h s next after the offence shall have been commit ted .