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* Sect. 1. By 23 Hen. 8. c. 1. it is enacted, “ That no person “ or persons which shall be found guilty for robbing of any per“ son or persons in or near about the highways shall be admitted “ to the benefit of clergy.”
# Sect. 2. By 4 and 5 Philip and Mary, c. 4. it is enacted, “ That all and every person and persons that shall maliciously “ command, hire, or counsel any person or persons to commit or “ do any robbery in or near any highway, shall not have the bene
“ fit of clergy.” Moor, 16.
+ Sect. 3. It is necessary, in order to oust the offender of his 2 Hale, 349. clergy under these statutes, to aver in the indictment, that the of4 Hawk. ch. 33. fence was committed in the highway, or in the king's highway, or S. 25.
near the king's highway; for if it be laid " in the king's foot way
“ leading from London to Islington,” he shall have his clergy. The case of 4 Sect. 4. And if the indictment charge the robbery to have Rich. Stoke been committed in the king's highway, and it appears on evidence man, 0, B.
to have been committed in a private foot path leading across the May sessions 1718, coram fields to Pancrus, or any other place, the offender shall have his Eyre Justice clergy. and MONTAOUE Chief Baron.
+ Sect. 5. So if an indictment charge the robbery in the king's Oatley's case, highway, and the evidence prove that it was committed in a house, Cases C. L. 47.
the offender shall have his clergy. 1 Hale, 536.
* Sect. 6. But if the offence be committed on the river Thames, 2 Hale, 350. or other public river within the body of a county, it may be laid
as committed upon the king's highway, for the public streams are
“ have the benefit of his or their clergy.” Case of Danford 4 Sect. 8. And it has been ruled, that where an indictment of and Newton; robbery consisted of two counts, the first on the 3 Will, and Mary, 0. B. Sept. Session 1780. co. c. 9. and the other on 23 Hen. 8. c. 1. and it appeared that the ram Bullen robbery was committed in a house which had been long unoccuJustice.
pied, and only taken for the purpose of committing the offence, a conviction thereon ousted the offender of his clergy; for that the 3 Will. and Mary, c. 9. applied to all robberies wherever committed. (4)
Receivers. At common law, a man became accessary after the fact by receiving the felon only, and not by receiving the stolen property ; but the great encouragement afforded to thieves by the easy mode of getting rid of their plunder, through receivers who purchased
(4) For assaulting with intent to rob, vide ante, p. 113.
it at an inferior price, knowing it to be stolen, and who were not punishable for such conduct, at length induced the legislature to consider them as accessaries after the fact. Accordingly several statutes have passed — Ist. As to the buying and receiving stolen goods in general-2d. As to the buying and receiving stolen lead, iron and pewter-3d. As to the buying or receiving jewels obtained by burglary or robbery_4th. As to the buying or receiving stores, &c. from ships by bum-boats; and 5th, as to buying and receiving securities for money, knowing them to have been stolen; and by several statutes, the bare possession of public stores is considered, if not duly accounted for, as equivalent to a guilty receiving.
Buying Stolen Goods. + Sect. 1. By 3 Will. and Mary, c. 9. 8. 4. IT IS RECITED, Buyers of stolen “ That thieves and robbers are much encouraged to commit such 900
accessaries to feoffences, because a great number of persons make it their trade lony, and business to deal in the buying of stolen goods;" and therefore ENACTED, “ That if any person or persons shall buy or receive any “ goods or chattels that shall be feloniously taken or stolen from any “ other person, knowing the same to be stolen, he or they shall be “ taken and deemed an accessary or accessaries to such felony « after the fact, and shall incur the same punishment, as an ac“ cessary or accessaries to the felony after the felony committed.”
+ Sect. 2. By 1 Ann. st. 2. c. 9. s. 2. IT IS RECITED, “ That buyers and receivers of stolen goods do oftentimes convey. away and conceal the principal felons, so that they cannot be convicted of such principal felony, and thereby such buyers
Receivers of and receivers have escaped all manner of punishment, which stolen goods hath greatly encouraged the buying and receiving of such stolen may be punish
u ed, where the goods:" for remedy whereof it IS ENACTED, “ That it shall of
principal felon “ and may be lawful to prosecute and punish every such person is not convicted. “ and persons buying or receiving any stolen goods, knowing the “ same to be stolen, as for a misdemeanor, to be punished by fine “ and imprisonment, although the principal felon be not before “ convicted of the said felony, which shall exempt the offender “ from being punished as accessary, if the principal shall be after“ wards convicted.” + Sect. 3. By 5 Ann.c. 31.8.5. IT IS RECITED, “That felons are
Buyers and remuch encouraged to commit such burglaries and felonies, because a
a ceivers of stolen great number of persons make it a trade to receive and buy of the goods made acsaid felons the goods so by them feloniously taken, and also do make cessaries, &c. it their business to harbour and conceal the said offenders after the said facts, knowing the said felonies and burglaries to have been by them committed :" and therefore ENACTED, “ That “ if any person or persons shall receive or buy any goods or “ chattels that shall be feloniously taken or stolen from any other “ person, knowing the same to be stolen, or shall receive, harbour, “ or conceal, any burglars, felons, or thieves, knowing them to be “ so, shall be taken and received as accessary or accessaries to " the said felony or felonies; and being of either of the said “ offences legally convicted, by the testimony of one or more cre“ dible witnesses, shall suffer and incur the pains of death as a " felon convict.”
Rex v. Wild,
If principal fe- * Sect. 4. By 5 Ann. c. 31. s. 6. provided, “ That if any such
“ buying or receiving any goods stolen by any such principal
+ Sect. 5. By 4 Ġeo. 1. c. 11. s. 1. “ Persons convicted of “ buying and receiving stolen goods, knowing them to be stolen, “ may be transported for fourteen years."
+ Sect. 6. It has been determined, that neither the receiving (a) Rex v. Davison, . of money (a) nor bank notes (6), knowing the same to be stolen, 3 Burn, 74. are within the above statutes, for they are neither “goods, wares, (6) Cases Cro. nor merchandizes." (5) Law.
+ Sect. 7. And it has been determined, that if the principal is Stra. 57. convicted, the accessary cannot be tried for the misdemeanor on
these statutes. Every person + Sect. 8. By 22 Geo. 3. c. 58. IT IS Recited, “That the buying or receivo pernicious practices of buying and receiving stolen goods are being stolen goods shall be deemed come a great evil, by reason of the difficulty of discovering the guilty of a mis persons guilty of the same, and of the insufficiency of the laws demeanor, and now in being for the punishment of such offenders, in certain prosecuted accordingly.
cases ;" AND ENACTED, “ That in all cases whatsoever where
(5) The case of Sadi and Morris, in which this point was determined, seems to have been much shaken in Dean's case, in which it was resolved by all the judges, that bank notes were within the statute of 12 Ann. c. 7. against stealing money,
goods, &c. to the value of forty shillings, out of the dwelling-house. 2 E. P. C. 749.
(6) These cases having been provided for before, by statute 29 Geo. 2. c. 30, vide postca, 220.
" long shall not be before convicted, such offender or offenders « shall be exempted from being punished as accessary or accessa“ ries, if such principal felon or felons shall be afterwards con“ victed.”
+ Sect. 9. By 22 Geo. 3. c. 58. s. 2. it is further enacted, Justices may “ That it shall and may be lawful for any one justice of the grant search« peace, upon complaint made before him upon oath, that there war “ is reason to suspect that stolen goods are knowingly concealed “in any dwelling-house, out-house, garden, yard, croft, or other “ place or places, by warrant under his hand and seal, to cause " every such dwelling-house, out-house, garden, yard, croft, or Punishment of “ other place or places, to be searched in the day time; and the perso
custodythey are “ person or persons knowingly concealing the said stolen goods, found. “ or any part thereof, or in whose custody the same, or any part “ thereof, shall be found, he, she, or they, being privy thereto, “ shall be deemed and held guilty of a misdemeanor, and shall " and may be brought before any justice of the peace for the “ county, city, town corporate, riding, division, liberty, or place, “and made amenable to answer the same, by like warrant of any “ such justice, and being thereof convicted by due course of law, “shall be punishable in the manner aforesaid.”
+ Sect. 10. By 22 Geo. 3. c. 58. s. 3. it is further enacted, Constables, &c. “ That every constable, headborough, or tithing-man, in every may app!
y persons suspect“ county, city, town corporate, riding, division, liberty, or other ed, &c. “ place where there shall be officers, and every beadle within his “ ward, parish, or district, and every watchman, during such time “ only as he is on duty, shall and may apprehend, or cause to be “ apprehended, all and every person and persons who may rea“ sonably be suspected of having, or carrying, or any ways con“ veying, at any time after sun-setting and before sun-rising, any “goods or chattels suspected to be stolen, and the same, together “ with such person or persons, as soon as conveniently may be, « to convey or carry before any justice of the peace for the county, “ city, town corporate, riding, division, liberty, or place aforesaid, “ to be dealt with according to law; and such person and per“ sons, so carrying or conveying such goods or chattels knowing “ the same to have been stolen, and being thereof convicted, by “ due course of law, shall be deemed and held to be guilty of a “misdemeanor, and, on conviction as aforesaid, shall be impri" soned for any time not exceeding six calendar months, nor less “ than three calendar months.”
+ Sect. 11. By 22 Geo. 3. c. 30. s. 4. it is further enacted, Persons offering “ That every person, to whom any goods or chattels, which have stolen goods to “ been feloniously stolen or taken, shall be brought and offered to be pawned or
sold, shall be “ be sold, pawned, or delivered, shall and is hereby empowered taken before a “ and required (there being reasonable cause to suspect that such justice. “ goods or chattels were stolen) to apprehend, secure, and carry “ before a justice of the peace for the county, city, town corpo“ rate, riding, division, liberty, or place, where the same goods " and chattels shall be so brought or offered to be sold, pawned, “ or delivered (having it in his or her power so to do), the person “and persons bringing or offering the same.”
Persons under + Sect. 12. By 22 Geo. 3. c. 30. s. 5. it is further enacted,
ge, « If any person or persons, being out of custody, or in custody, charged with felons, discover- “ if under the age of fifteen years, upon any charge of felony ing receivers, « within benefit of clergy, shall have committed any felony, and
one “ shall afterwards discover two or more persons who shall have ed.
“ bought or received any goods or chattels which shall have been “ feloniously stolen or taken from any other person or persons, “ knowing the same to be stolen, so as two or more of the per“ sons discovered shall be convicted of such buying or receiving, “ he, she, or they, so discovering, shall have and be entitled to “ the gracious pardon of his majesty, his heirs and successors, “ for all such felonies by him or her committed at any time or .“ times before such discovery made, which pardon shall be like
“ wise a bar to any appeal brought for such felony.” Not to repeal + Sect. 13. By 22 Geo. 3. c. 30. s. 6. it is provided, “ That any former law, “ nothing herein contained shall extend to repeal any former &c.
“law now in being for the punishment of such offenders; and “ provided also, that such offender, after having been prosecuted “ and convicted under this act, shall not, for the same offence, “be afterwards punished, or liable to be punished, by any such
« former law." Rex v. Baxter, + Sect. 14. It hath been determined, that in an indictment 5 Term Rep.83. against a receiver under this statute, it is not necessary to aver
that the principal had not been convicted.”
As to the SECOND POINT, viz. The offence of buying and re
ceiving stolen lead, iron, &c. Buyers or re + Sect. I. By 29 Geo. 2. c. 30. IT IS RECITED, “ That the ceivers knowing, &c. trans
pernicious practice of stealing lead, iron, copper, brass, bell-ineported for 14 tal and solder fixed to, or lying or being in or upon houses, outyears.
houses, mills, ware-houses, workshops, and other buildings, areas, vaults, yards, gardens, orchards, or other places; and also the stealing of such materials from ships, barges, lighters, boats, and other vessels and craft, upon navigable rivers, in ports of entry or discharge, creeks and docks belonging thereto, and also from off wharfs, keys and other places, is become a great and notorious evil, by reason of the difficulty in apprehending and convicting the thieves, and still greater difficulty of discovering and convicting the buyers or receivers thereof; which buyers or receivers are the principal cause of the commission of such thefts : and in regard that the said offences are committed in such close and clandestine manner, that there can be no witness or witnesses to the same, but such who is or are partakers of the offence: and whereas if the buyers and receivers of lead, iron, copper, brass, bell-metal or solder, knowing or having reasonable cause to suspect the same to be stolen, or unlawfully come by, were made original offenders, and punishable independent of the apprehension and conviction of the thief; and if the apprehending, prosecuting, and convicting the offenders in both kinds were rendered more easy and speedy, it might more effectually tend to the discovery and suppression of the said offences :" and for remedy thereof ENACTED, “ That every person who shall buy or receive "any lead, iron, copper, brass, bell metal or solder, knowing the