This Act also empowers officers of justice (and watchmen while on duty) to apprehend all persons suspected of conveying any stolen metals, as already described, after sun-set or before sun-rise; and if such persons cannot give a good account of the manner in which they were obtained, two Magistrates are in like manner authorized to adjudge them guilty of a misdemeanor, and they forfeit forty shillings, &c. Sec. 3; 6.
The persons also to whom such articles are offered for sale or to be pawned, where there is reasonable ground to suppose they were stolen, are empowered to apprehend and secure the parties and the materials, to be dealt with according to law. And if it shall appear even on the evidence of the thief, corroborated by other testimony, that there was cause to suspect the goods were stolen, and that the person to whom they were offered, did not do his duty in apprehending the person offering the same, he shall be adjudged guilty of a misdemeanor, and forfeit twenty shillings for the first offence: forty shillings for the second, and four pounds for every subsequent offence, Sec. 5, 6. And so anxious has the Legislature been to suppress the evil of stealing and receiving metals, that the 8th Section entitles the actual Thief to a pardon, on the discovery and conviction of two or more of the Receivers. And the 9th Section screens from prosecution any person stealing such metals, who shall discover the Receiver to whom the same were delivered, so as a conviction may follow.—In spite, however, of these numerous and apparently effectual checks, it is to be lamented that the evil has continued to increase.
In the following year it was provided by the Act 30th of George the Second, cap. 24, that it shall be lawful for any Pawnbroker, or any other dealer, their servants or agents, to whom any goods shall be offered to be pawned, exchanged, or sold, which shall be suspected to be stolen, to seize and detain the persons offering the same, for the purpose of being examined by a Justice; who is empowered, if he sees any grounds to apprehend that the goods have been illegally obtained, to commit the persons, offering the same, to prison for a period not exceeding six days; and if on further examination, the Justice shall be satisfied that the goods were stolen, he shall commit the offender to prison, to be dealt with according to Law; and although it may, under such circumstances, afterwards appear that the goods in question were fairly obtained, yet the parties who seized the supposed offender shall be indemnified.—Sec. 7, 8.
It would have been useful if the principles of the first of these excellent acts had extended to every kind of goods and chattels, horses, cattle, money, and Bank-notes,[76] as well as to the metals therein described. Indeed it is to be lamented, that the System has not been to look at great features of abuse in the gross, so as to meet every existing evil at once. Thus another partial Statute was made, 2 George III. c. 28, extending the provisions of the 29th Geo. II. c. 30. to goods, stores, or materials taken from ships in the River Thames, by enacting, "that all persons purchasing such goods, knowing them to be stolen, or receiving the same in a concealed or clandestine manner between sun-setting and sun-rising, shall be transported for fourteen years, although the principal felon be not convicted:" but by the wording of this Act, it is doubtful if it applies to receiving goods stolen from vessels not afloat in the river.[77]
The next Statute applicable to the Receivers of stolen goods, is the 10th of George III. cap. 48, by which it is enacted, "that every person who shall buy or receive any jewels, gold, silver, plate or watches, knowing the same to be stolen, where such stealing was accompanied by a burglary or highway robbery, may be tried as well before as after the principal felon is convicted; and whether he be in, or out of custody; and if found guilty, shall be transported for fourteen years."
Eleven years after passing of the above mentioned Statute, the Legislature, appearing to be impressed with the great extent of the depredations committed by persons stealing pewter pots, and desirous to punish the Receivers, the Statute of the 21st of George the Third, cap. 69, enacts, "that every person who shall buy or receive any pewter pot or other vessel, or any pewter in any form or shape whatsoever, knowing the same to be stolen, or who shall privately buy or receive stolen pewter, in a clandestine manner, between sun-setting and sun-rising, shall on conviction, be transported for seven years, or detained in the House of Correction, at hard labour for a term not exceeding three years, nor less than one; and may be whipped not more than three times; although the principal felon has not been convicted."
In the following Session of Parliament, the Statute 22 George III. c. 28. (said to have been framed by an able and experienced Lawyer and Magistrate),[78] removed many of the imperfections of former Statutes, and particularly that which respected Petty Larceny; by enacting, "that where any goods (except lead, iron, copper, brass, bell-metal, or solder, the Receivers of which are punishable under the 29th George II. c. 30. noticed before, [p. 295].) have been stolen, whether the offence amount to Grand Larceny, or some greater offence, or to Petty Larceny only; (except where the offender has been convicted of Grand Larceny, or some greater offence; when the Receiver must be prosecuted as an Accessary, and under the 4th George I. c. 11, may be transported for fourteen years; see [page 295].)—Every person who shall buy or receive the same, knowing them to be stolen, shall be guilty of a misdemeanor, and punished by fine, imprisonment, or whipping, as the Quarter Sessions, who are empowered to try offenders, or any other Court before whom they shall be tried, shall think fit, although the Principal be not convicted; and if the felony amounts to Grand Larceny, or some greater offence, and the person committing such felony has not been before convicted, such offender shall be exempted from being punished as Accessary, if the principal shall be afterwards convicted."—Sect. 1.
This Act also empowers one Justice to grant a warrant to search for stolen goods in the day time, on oath being made that there are just grounds of suspicion; and the person concealing the said goods, or in whose custody they are found, shall in like manner be guilty of a misdemeanor, and punished in the manner before-mentioned.—Sect. 9.
The same Act extended the powers granted by former Acts relative to metals, to any other kind of goods: by authorizing peace officers (and also watchmen while on duty) to apprehend all persons suspected of carrying stolen goods after sun-setting and before sun-rising, who shall, on conviction, be adjudged guilty of a misdemeanor, and imprisoned, not exceeding six, nor less than three months.—Sec. 3.
Power is also given by this Act to any person to whom goods, suspected to be stolen, shall be offered to be sold or pawned, to apprehend the person offering the same, and to carry him before a Justice.—Sec. 4.