record, shewing that he was found guilty of the felony before a court of competent jurisdiction, though the proceedings be informal, and the judgment erroneous. (a) In prosecutions for the misdemeanor in receiving stolen goods, Principal felon on the repealed statute 22 Geo. 3, c. 58, it was settled that the a witness. principal felon, though not convicted or pardoned, was a competent witness against the receiver. (b) In cases where the principal and receiver are joined in the same The receiver indictment, and tried together, there is no doubt that the receiver may controvert the guilt may enter into the full defence of the principal, and avail himself of the prinof every matter of fact and every point of law tending to his ac- cipal. quittal; and in cases where the principal has been previously convicted, though the record of the conviction will be sufficient presumptive evidence that everything in the former proceeding was rightly and properly transacted, yet according to great authority, it is competent to the receiver to controvert the guilt of the principal, and to shew that the offence of which he was convicted, did not amount to felony in him, or not to that species of felony with which he was charged. (c) Where several prisoners are jointly indicted for receiving stolen goods, and one of them convicted and the others acquitted, and one of the prisoners who was acquitted is afterwards separately indicted for receiving the same goods, a plea of auterfois acquit on the former indictment is good, if it be demurred to on the part of the prosecution. (d) perty. The owner of stolen secuting thief or receiver to conviction, As to the restitution of the stolen property upon the convic- Restitution of tion of the receiver, the 7 & 8 Geo. 4, c. 29, s. 57, in order stolen proto encourage the prosecution of offenders, enacts, "that if any. person, guilty of any such felony or misdemeanor as aforesaid, in property prostealing, taking, obtaining, or converting, or in knowingly receiving any chattel, money, valuable security, or other property whatsoever, shall be indicted for any such offence, by or on behalf of the owner shall have resof the property, or his executor or administrator, and convicted titution of his thereof, in such case the property shall be restored to the owner or property. his representative; and the court before whom any such person shall be so convicted, shall have power to award from time to time writs of restitution for the said property, or to order the restitution thereof in a summary manner: provided always, that if it shall Exception. appear before any award or order made, that any valuable security shall have been bona fide paid or discharged by some person or body corporate liable to the payment thereof, or being a negotiable instrument shall have been bona fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, or converted as aforesaid, in such case the court shall not award or order the restitution of such security." (e) (a) Ante, p. 243. Rex v. Baldwin, 3 Campb. 265. (b) Haslam's case, O. B. 1786, and before the twelve Judges, 1 Leach, 418. 2 East, P. C. c. 16, s. 166, p. 782. Patram's case, cor. Grose, J., Bridgwater Sum. Ass. 1787, 1 Leach, 419, note (a). 2 East, P. C. ibid. (e) Fost. 365. Smith's case, O. B. 1783, 1 Leach, 288. Rex v. Dunn, 4 C. (d) Rex v. Dann, R. & M. C. C. R. CHAPTER THE TWENTY-EIGHTH. OF TAKING A REWARD FOR HELPING TO THE DISCOVERY OF STOLEN PROPERTY. 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. The 7 & 8 Geo. 4, c. 29, s. 58, enacts, "that every person who shall corruptly take any money or reward, directly or indirectly, under pretence or upon account of helping any person to any chattel, money, valuable security, or other property 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 publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment." (a) In a case upon a statute relating to the same subject, 4 Geo. 1, c. 11, now repealed by the 7 & 8 Geo. 4, c. 27, it was considered proper to aver, that the defendant had not apprehended or caused to be apprehended the principal, &c., such reservation being in the enacting clause, and part of the description of the offence. (b) In a case where the principal felon was dead, and had not been convicted of the offence, it was objected that the person receiving the reward to help to the stolen goods could not be convicted. The point was reserved as one of great importance, and of the first impression, for the consideration of the 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. (c) With respect, however, to another objection, (a) As to principals in the second degree and accessories, see sec. 61, as to hard labour and solitary confinement, see sec. 4. and the 1 Vict. c. 90, s. 5, ante, p. 128. (b) 2 East, P. C. c. 16, s. 155, p. 771. (c) Drinkwater's case, 1740, 1 Leach, 15. 2 East, P. C. c. 16, s. 155, p. 770 And see Wild's case on the statute 5 Anne, c. 31, . 6. 2 East, P. C. c. 16, s. 142, p. 746. that the principal felon had not been convicted of the offence, it was well observed that this could not have been the ground of the prisoner's discharge, inasmuch as the statute, by the very terms of it, precluded the supposition of a conviction of the principal being a necessary preliminary to the trial and punishment of the offender; for it stated that the offender should be guilty of felony, &c., " unless he did apprehend, or cause to be apprehended, the felon who stole the goods, and cause such felon to be brought to his trial for the same, and give evidence against him." And it was therefore suggested, that the true ground of the doubt was, that by the death of the principal, the stipulated condition had become impossible to be performed without any default of the defendant. (d) 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. (e) The prisoner was first indicted on the 10 & 11 Wm. 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. (f) 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 acquaintance 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. (g) As a further means of putting a stop to this pernicious traffic in stolen goods, it is enacted by the 7 & 8 Geo. 4, c. 29, s. 59," that if any person shall publicly advertise a reward for the return of any property whatsoever, which shall have been stolen 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 reward will be given or paid for any property which shall have been stolen or lost, without seizing or making any inquiry after the person producing such property, or shall promise or offer in any such public advertisement to return (d) 2 East, P. C. c. 16, s. 155, p. 770. (e) 4 Blac. Com. 132. (f) Wild's (Jonathan) case, 1725, 1 Leach, 17, note (a). 2 East, P. C. c. 16, s. 155, p. 770. 4 Blac. Com. 132. The prisoner was executed upon this con viction. See also as to the point of the (g) Rex v. Ledbitter, R. & M. The principal felon may be a witness against the party indicted for taking the reward. 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." CHAPTER THE TWENTY-NINTH. OF UNLAWFULLY RECEIVING OR HAVING POSSESSION OF PUBLIC STORES. 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. frequent em The statute 9 & 10 W. 3, c. 41, s. 1, (a) recites, "that notwith- 9 & 10 Wm. 3, standing divers good laws made and enacted for the preventing of c. 41, s. 1. the stealing and embezzlement of his Majesty's stores of war, and Recital of the naval stores, those frauds, thefts, and embezzlements were frequently bezzlement of practised, and the convicting of such offenders was rendered difficult stores, and and impracticable, by reason that it rarely happened that direct proof the difficulty could be made of such offenders' immediate taking, embezzling, or offenders. 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, Enactment other than persons authorized by contracting with his Majesty's prin- that it shall cipal officers or commissioners of the navy, ordnance, or victualling not be lawful for persons office for his Majesty's use, to make any stores of war, or naval stores (except those whatsoever, with the marks usually used to and marked upon his authorized) 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 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 commissioners of the navy, ordnance, or victuallers for his Majesty's use, or employed by such contractor for that purpose as aforesaid, shall for every such offence forfeit such goods, and the sum of two hundred pounds, together with costs of suit;" one moiety thereof 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, stores with the marks used upon the King's stores, forfeiting the goods, and to make any upon pain of 2001., &c. Sec. 2. Persons in whose posses sion stores so |