"The Dealers last mentioned are extremely numerous, and amount to several thousands in the Metropolis alone, some of whom are innocent Receivers, not aware that they are purchasing stolen articles;—others, careless Receivers, asking no questions, and purchasing every thing that is offered:—but a large proportion of criminal Receivers, who purchase every thing that is offered in the way of trade; well knowing, from the price and other circumstances, that the property was originally stolen."
As the Laws now stand, (numerous, and pointed as they appear to be) it has been found from experience, that neither of these classes can be easily reached; and hence it is that they have multiplied in so great a degree, (particularly the small Receivers) within the last twenty years, and may even be said to have reigned with impunity.
For the purpose of suggesting an effectual legislative Remedy, it will be necessary to examine shortly the laws now in being, which are applicable to this peculiar offence.—
By the Statute of the 3d and 4th of William and Mary, cap. 9, it is enacted, "that Receivers of stolen Goods, knowing them to be stolen, shall be deemed Accessaries after the fact."
But this offence being dependent on the fate of the Principal—a Receiver, thus circumstanced, could not be tried till after the conviction of such Principal; so that, however strong and conclusive the evidence might be, the Receiver was still safe, unless the Thief could be apprehended—and even if apprehended and put upon his trial, if acquitted through any defect of evidence, the Receiver, (although he had actually confessed the crime, and the goods found in his possession, could be proved to have been stolen,) must be acquitted:—this offence also, even if completely proved, applied only to capital felonies, and not to petty larceny.
These defects were discovered, and partly remedied by the Statutes 1 Anne, cap. 9; and 5 Anne, cap. 31, which enact, "That Buyers and Receivers of stolen Goods, knowing them to be stolen, may be prosecuted for a misdemeanor, and punished by fine and imprisonment; though the Principal be not previously convicted of felony."
This Act, 5 Anne, c. 31, also greatly improved the Laws applicable to this species of offence by empowering the Court to substitute a corporal punishment instead of fine and imprisonment; and by declaring, that if the felony shall be proved against the Thief, then the Receiver shall be taken as Accessary, and shall receive judgment of death; but the benefit of Clergy is reserved.
The Laws being still found insufficient, the Statute of the fourth of George the First, cap. 11, enacted, "That Receivers of stolen Goods, knowing them to be stolen, should, on conviction, be transported for fourteen years; and that buying at an under value should be presumptive evidence of such knowledge:—and the same statute makes it felony (according to the nature of the felony committed in stealing the Goods) for any person directly or indirectly to take a reward for helping any person to stolen Goods; unless such person bring the felon to his trial, and give evidence against him."
But these amendments also proving ineffectual, and not being found to apply immediately to persons receiving stolen lead, iron, copper, brass, bell-metal or solder taken from buildings, or from ships, vessels, wharfs, or quays—It was enacted by the 29th of George the Second, cap. 30, "That every person who shall buy or Receive such articles, knowing the same to be stolen, or who shall privately purchase these respective metals by suffering any door, window, or shutter, to be left open between sun-setting and sun-rising, or shall buy or receive any of the said metals in any clandestine manner, shall, on conviction, be transported for fourteen years, although the principal felon has not been convicted." Sec. 1.
The same Act empowers one Justice to grant a warrant to search in the day time for such metals suspected to be stolen, as by the oath of one witness may appear to be deposited or concealed in any house or place; and if goods are found, the Act goes so far as to empower two Justices to adjudge the person having the custody of the same, guilty of a misdemeanor, if he cannot produce the party from whom he purchased, or give a satisfactory account how they came into his possession; and the offender shall, for the first offence forfeit 40s. for the second 4l. and for every subsequent offence 6l. Sec. 2; 6.