But voluminous as they certainly are, many omissions are apparent, partly arising from the causes assigned by the able Lawyer whose strictures have been just quoted, and more particularly from the rapid changes, which Commerce and Property have made in the state of Society.
Among these, the following have occurred to the Author as highly deserving attention.—
1st. The Act of the 30 Geo. II. cap. 24. makes it a transportable Misdemeanor, to obtain Goods or Chattels by false pretences.—But as Horses, Cattle, Poultry, Bank Notes, Bills of Exchange, or Notes of Hand, although equally objects of Fraud, are not deemed in Law to be Goods or Chattels, offences of equal, if not of greater magnitude, are not within the meaning of the Statute, and hence appears the necessity of an Amendment.
2d. The present Act relative to Pawnbrokers is extremely deficient, and not only in several important points ambiguous; but also inapplicable in a variety of instances to the general views of the Legislature, as they regard the security and interest of the Poor, while in others, perhaps unnecessary and useless restrictions are imposed on the Pawnbrokers themselves.
3d. As the Laws respecting Forgeries now stand—the act of forging the Firm of a Commercial House, and obtaining goods on the Credit of such Firm, is only punishable as a Misdemeanor; although in this case this offence is of a tendency the most dangerous that can be conceived, in a Commercial Country, where (from the unbounded confidence which prevails) it is so easy to obtain credit.
A case occurred and came under the cognizance of the Author in 1796, where a Swindler assuming the Firm of a respectable House in Bristol, ordered goods from Manchester to be sent to Portsmouth, where the person (committing the Forgery) stated, that one of the Partners meant to go to meet them.—Two parcels of goods were obtained by this device, and immediately sold at half the value by the Sharpers, which led to a discovery, and enabled the Author to guard the unsuspecting Manufacturers in York and Lancashire, against the injuries they were likely to sustain, by the operation of a very complicated and artful conspiracy to rob them of their property to a great amount.
4th. The Receiving of Cash or Specie, Bank Notes, Bills of Exchange, or Notes of Hand, knowing the same to be stolen, is not at present a Criminal Offence: In a Commercial Country where such offences may be productive of much evil to Society, Why should not the Law extend to every species of Property in the same manner as to Goods and Chattels?
5th. Although Arson is considered (and justly so) as a high Criminal Offence, yet the offence of a person setting fire to his own house, with a view to defraud the Insurers, is considered only a simple Misdemeanor, and punished as such; and where a house at a distance from others is set on fire so as to occasion no danger to the neighbourhood, it is not an Offence known in the Criminal Code, even although it may appear to have been done for the purpose of defrauding the Insurers.
With a view to the prevention of this very atrocious crime (of which there have been but too many instances of late years) it would seem right that it should be clearly defined; and that it would not be too severe to punish offenders by Transportation; since in all cases, where the fire extends to a neighbouring house the offence of Arson is committed, and the punishment is Death.
6th. Much inconvenience is at present experienced from the circuitous and expensive process of Law, which must be resorted to for the purpose of removing bad and profligate Lodgers.—In cases of small concern, where the rent does not exceed a few shillings a week, it would be an act of great humanity to empower Magistrates to decide in a summary way.—It would check that spirit of litigation, which is the destruction of the Labouring People.