CHAPTER THE TWENTY-EIGHTH. OF TAKING A REWARD FOR HELPING TO THE DISCOVERY OF AN offence nearly connected with that of receiving stolen goods, is that of taking a reward to help any person to goods which have been stolen. Offence of taking a re ward to help to stolen goods. 7 Taking a re ing to the recovery of stolen property, without The statute 7 & 8 Geo. 4. c. 29. s. 58. enacts," that every per"son who shall corruptly take any money or reward, directly or & 8 G. 4. c. "indirectly, under pretence or upon account of helping any per- 29. s. 58. "son to any chattel, money, valuable security, or other property ward for help"whatsoever, which shall by any felony or misdemeanor have “been stolen, taken, obtained, or converted as aforesaid, shall "(unless he cause the offender to be apprehended and brought to "trial for the same) be guilty of felony, and being convicted "thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, or for any term not less "than seven years, or to be imprisoned for any term not exceeding four years, and, if a male, to be once, twice, or thrice pub"licly or privately whipped (if the Court shall so think fit), in "addition to such imprisonment." 66 bringing the offender to trial, a misde meanor. offender" had 66 apprehend In a case upon a statute relating to the same subject, 4 Geo. 1. As to the averc. 11., now repealed by 7 & 8 Geo. 4. c. 27., it was considered ment that the proper to aver, that the defendant had not apprehended or not apprecaused to be apprehended the principal, &c., such reservation "hended, nor being in the enacting clause, and part of the description of the "caused to be offence. (a) In a case where the principal felon was dead, and "ed, the prinhad not been convicted of the offence, it was objected that the "cipal, &c." person receiving the reward to help to the stolen goods could And as to the not be convicted. The point was reserved as one of great impor- the principal tance, and of the first impression, for the consideration of the felon. Judges but their opinion was never publicly communicated, though it was presumed, from the prisoner being discharged after remaining some time in gaol, that the objection prevailed. (b) With respect, however, to another objection, that the principal (a) 2 East. P. C. c. 16. s. 155. p. 771. (b) Drinkwater's case, 1740. 1 Leach 15. 2 East. P. C. c. 16. s. 155. p. 770. And see Wild's case on the conviction of The principal felon may be a witness against the party indicted for taking the reward. 7 & 8 Geo. 4. c. 29. s. 59., advertizing a reward for the return of stolen property, &c. made liable to a penalty of 50%. felon had not been convicted of the offence, it was well ob- There is also a case upon the repealed statute, where the principal felon not only was not convicted, but was admitted as a witness against the party indicted for taking the reward; namely, the case of the notorious Jonathan Wild, whose extensive traffic in the taking of such rewards is said to have been the occasion of the passing of this clause in the repealed statute. (d) The prisoner was first indicted on the statute 10 & 11 W. 3. c. 23. (now repealed) for privately stealing a box of lace in a shop, and acquitted, upon its appearing from the testimony of one Kelly, who had actually stolen the box, and who was admitted as a witness for the crown, that the prisoner was not in the shop at the time, but only waited at the corner of the street to receive the goods; but immediately upon this acquittal he was again arraigned, tried, and convicted, on the statute in question, 4 Geo. 1. c. 11. s. 4. for receiving ten guineas from the owner of the shop as a reward for helping her to the box of lace so stolen by Kelly; and Kelly was again examined as a witness on the part of the crown on this indictment. (e) In a late case it was held to be an offence within this act of 4 Geo. 1. c. 11. s. 4., (now repealed) to take money under pretence of helping a man to goods stolen from him, though the prisoner had no acquaintaince with the felon, and did not pretend that he had, and though he had no power to apprehend the felon, and though the goods were never restored, and the prisoner had no power to restore them. (f) As a further means of putting a stop to this pernicious traffic in stolen goods, it is enacted by 7 & 8 Geo. 4. c. 29. s. 59., "that if any person shall publicly advertise a reward for the re"turn of any property whatsoever, which shall have been stolen (6 or lost, and shall in such advertisement use any words purporting that no questions will be asked, or shall make use of "any words in any public advertisement purporting that a re"ward will be given or paid for any property which shall have 66 (c) 2 East. P. C. c. 16. s. 155. p. 770. (d) 4 Black. Com. 132. (e) Wild's (Jonathan) case, 1725, 1 Leach 17. note (a). 2 East P. C. c. 16. s. 155. p. 770. 4 Black. Com. 132. The prisoner was executed upon this conviction. See also as to the point of the principal felon being a witness, ante, Haslam's case, p. 259. (f) Rex v. Ledbitter, Ry. & Mood. C. C. 76. 66 "been stolen or lost, without seizing or making any enquiry after "the person producing such property, or shall promise or offer "in any such public advertisement to return to any pawnbroker " or other person who may have bought or advanced money by "way of loan upon any property stolen or lost, the money so paid or advanced, or any other sum of money or reward for the "return of such property, or if any person shall print or publish any such advertisement, in any of the above cases every such person shall forfeit the sum of fifty pounds for every such offence, to any person who will sue for the same by action of debt, to be recovered with full costs of suit." 66 66 CHAPTER THE TWENTY-NINTH. OF UNLAWFULLY RECEIVING OR HAVING POSSESSION OF PUBLIC 9 & 10 W. 3. c. 41. s. 1. Recital of the frequent em bezzlement of the difficulty of convicting stores, and offenders. Enactment not be lawful to make any used upon the King's stores, upon pain of forfeiting the goods, and 2007., &c. THE several statutes relating to the offences mentioned in the title to this Chapter will be set forth, in the first instance, in the order in which they were passed; and the few decided cases which have occurred upon their construction will be subsequently noticed. The statute 9 & 10 W. 3. c. 41. s. 1. (a) recites, that notwithstanding divers good laws made and enacted for the preventing of the stealing and embezzlement of his Majesty's stores of war, and naval stores, those frauds, thefts, and embezzlements were frequently practised, and the convicting of such offenders was rendered difficult and impracticable, by reason that it rarely happened that direct proof could be made of such offenders' immediate taking, embezzling, or carrying away such stores from the places for keeping and preserving the same, but only that such goods were marked with the King's mark, and found in the custody and possession of the said person accused for stealing or embezzling the same and it then enacts, "that it shall not be lawful to or for any person or persons whatsoever, other than persons autho"rized by contracting with his Majesty's principal officers or "commissioners of the navy, ordnance, or victualling office for "his Majesty's use, to make any stores of war, or naval stores "whatsoever, with the marks usually used to and marked upon "his Majesty's said warlike and naval or ordnance stores; that "is to say, any cordage of three inches and upwards, wrought "with a white thread laid the contrary way, or any smaller 66 cordage, to wit, from three inches downwards, with a twine in "lieu of a white thread, laid to the contrary way as aforesaid, or "any canvass, wrought or unwrought, with a blue streak in the "middle, or any other stores with the broad arrow, by stamp, "brand, or otherwise, upon pain that every such person or persons, who shall make such goods so marked as aforesaid, not "being a contractor with his Majesty's principal officers or com"missioners of the navy, ordnance, or victuallers for his Majesty's use, or employed by such contractor for that purpose as afore 66 (a) Made a public act by 1 Geo. 1. st. 2. c. 25. s. 14. "said, shall for every such offence forfeit such goods, and the "sum of two hundred pounds, together with costs of suit;" one moiety whereof to his Majesty, and the other moiety to the informer, to be recovered by action of debt, &c. in any court of record at Westminster. And the second section enacts, "that such person or persons, " in whose custody, possession, or keeping such goods or stores "marked as aforesaid shall be found, not being employed as "aforesaid, and such person or persons who shall conceal such "goods or stores marked as aforesaid, being indicted and con"victed of such concealment, or of the having such goods found "in his custody, possession, or keeping, shall forfeit such goods, " and the sum of two hundred pounds, together with the costs of "prosecution, one moiety to his Majesty, and the other moiety to "the informer, to be recovered as aforesaid, and shall also suffer "imprisonment, until payment and performance of the said forfeiture, unless such person shall, upon his trial, produce a cer"tificate under the hand of three or more of his Majesty's principal officers or commissioners of the navy, ordnance, or victuallers, expressing the numbers, quantities, or weights of such goods, as he or she shall then be indicted for, and the occasion "and reason of such goods coming to his or her hands or pos"session." 66 But the statute provides, that the principal officers or commissioners of the navy, &c. may sell and dispose of any of the stores so marked, as they might have done before; and that persons buying such stores of the principal officers, &c. or by their order, may keep the same without incurring any penalty, upon producing a certificate or certificates under the hand and seal of three or more of the said principal officers, &c. that they bought such goods from them, or from persons who did buy the said stores from the said principal officers, &c. at any time before such stores. were found in their custody. (b) And also, that the act shall not hinder any of the principal officers, &c. or any chief commander of any of his Majesty's ships at sea, to lend any stores to any merchant ship or vessel in distress, or otherwise, as might lawfully be done before the act; in case the goods so lent be restored with all possible conveniency, and provided the persons borrowing have such certificate as before-mentioned, which the said principal officers, &c. or commander-in-chief are required to give to the party borrowing. (c) The statute 1 Geo. 1. st. 2. c. 25. s. 3. recites, that his Majesty's stores and ammunition pertaining to his navy and shipping or service thereof were often privately embezzled or filched away; and enacts, that the principal officers and commissioners of the navy, or any one or more of them, shall have power to enquire, (b) S. 4. As to the form of the certificate the section further enacts, "in which certificate or certificates "the quantities of such stores shall “be expressed, and the time when "and where bought of the said com"missioners." And it empowers the S. 2. Persons in whose pos session stores so marked shall be found, and persons concealing shall forfeit the goods and be imprisoned till payment. such stores, 2007., &c. and S.4. Provision that the comthe navy, &c. may self stores; and ed from the penalty by a buyers secur missioners of certificate. S. 8. The act not to hinder from lending stores to vessels in distress cate, &c. officers, &c. with a certifi 1 Geo. 1. st. 2. c. 25. s. 3. emprincipal officers, &c. of search for em powers the the navy to |