Foster, 74. Persons receiv ing jewels, &c. kuowing them to be stolen, triable as well be fore as after couviction of principal felons: and on convic tion to be transported for four teen years. ting BUMB + Sect. 13. But these statutes, which make the receivers of stolen goods accessaries to the felony, being understood to make them. accessaries only in such cases where by law an accessary may be, do not extend to cases where the property stolen does not amount to the value of twelve-pence. 66 Buying and Receiving Stolen Jewels. By 10 Geo. 3. c. 48. IT IS RECITED, "That the facility with which stolen jewels, and gold and silver plate, are disposed of, is one principal cause of the frequent commission of burglaries and highway robberies; and the present laws against the receiving of stolen goods are found insufficient to deter persons from that practice:" and therefore ENACTED, "That every person who shall buy or receive any stolen jewel or jewels, or any stolen gold or silver plate, watch or watches, knowing the same to have been stolen, shall, in all cases where such jewel or jewels, or gold or silver plate, shall have been feloniously "stolen, accompanied with a burglary actually committed in stealing the same, or shall have been feloniously taken by a robbery "on the highway, be triable as well before conviction of the principal felon in such felony and burglary or robbery, whether "he shall be in or out of custody, as after his conviction: and if any person so buying or receiving such jewel or jewels, or gold or "silver plate, shall be convicted thereof, he shall be adjudged guilty "of felony, and be transported to some of his majesty's plantations "in America for the space of fourteen years, according to the "laws in force for transportation of felons."(1) 66 "That many Receiving Stores, &c. from Ships by Bumb-boats. Persons naviga† Sect. 1. By 2 Geo. 3. c. 28. IT IS RECITED, BOATS on the ri- ill-disposed persons, using and navigating upon the river Thames ver Thames, and certain boats, commonly called bumb-boats, and other vessels, receiving any under pretence of selling liquors of different sorts; and also belonging to the slops, tobacco, brooms, fruit, greens, gingerbread, and other ships in the said such like ware and things to and amongst the seamen and river, are guilty labourers employed in and about ships, vessels, and other craft of a misdemeanor. there, do frequently take occasion to cut, damage, and spoil the stores or articles cordage, cables, buoys, and buoy-ropes, and the headfasts, and other fasts belonging to such ships, vessels, and craft, and fraudulently carry away the same; likewise encourage such seamen and labourers to dispose of such cordage, cables, and buoys, and such goods, merchandizes, materials, and stores, secretly and unlawfully, whereby great losses are sustained by merchants and owners of such ships, vessels, and other craft, in the said river:" for (1) By the enacting part of this clause the words" watch or watches" are omitted, evidently by mistake. Under this statute Esther Moses was indicted at the Kent summer assizes, 1783, before Gould, J. The indictment set forth a robbery on Mr. Drummond, on the highway, of a watch, gold watch case, and two cornelian seals set in gold; and then charged the prisoner with having received the stolen watch, jewels, and gold plate above mentioned, knowingly, against the form of the statute. The prisoner was convicted: but the case was reserved for the opinion of the judges, whether the receiving a gold watch and such seals, knowing them to have been stolen, was a felony within the act. Some thought the gold case was plate within the meaning of the act: but others differed. They all, however, agreed, that the cornelian seals, set in gold, were jewels. (2 E. P. C. 755.) for remedy whereof it is ENACTEd, "That if any person or per“sons shall use, let out to hire, lend, or navigate, or shall be aid"ing or assisting in using or navigating upon the said river, any "bumb-boat, or other boat, for the purpose of selling, bartering, “exchanging, or exposing to sale, to and amongst the seamen " and labourers employed in and about ships, vessels, or other "craft, any liquors, slops, tobacco, brooms, or any fruit, greens, "gingerbread, or other such like ware: and shall sell, barter, ex"change, or expose to sale as aforesaid, any sort of liquor, or any slops, tobacco, brooms, or any fruit, greens, gingerbread, 66 or other such like ware or things, in, from, or out of any bumb"boat, or other boat (other than and except such bumb-boats, and "other boats and vessels as shall be entered in the office of the "master, wardens, and assistants of the guild, fraternity, or bro"therhood, of the most glorious and undivided Trinity, and of "Saint Clement, in the parish of Deptford Strond, in the county "of Kent, in manner herein-after mentioned, and shall be used " and navigated for the purposes aforesaid, in the day time, be"tween sun-rising and sun-setting only); or if any person or per“sons shall take in exchange, or by way of barter, or shall un"lawfully receive, or procure to be delivered to them, any ropes, "cordage, tackle, apparel, furniture, stores, materials, or any part "of any cargo or loading of any ships or vessels in the said river; "all and every such person or persons respectively shall, upon "conviction thereof before any justice or justices of the peace of "and within any county, city, division, liberty, or place adjoining "to the said river, upon the oath of one or more credible person "or persons, be deemed guilty of a misdemeanor; and it shall "and may be lawful for any person or persons to apprehend and "detain all persons then on board such boat, and also to seize, "search and detain in some place of safety, such boat, and the tackle, apparel, and furniture, and loading thereof; and the person and persons so apprehended shall be (as soon as con"veniently may be) conveyed before such justice or justices of "the peace as aforesaid; and such boat, with the said tackle, apparel, furniture, and loading thereof, shall, upon such con"viction as aforesaid, be forfeited and disposed of as is herein"after mentioned." 66 66 + Sect. 2. By 2 Geo. 3. c. 28. s. 2. it is enacted, "That Bumb-boats every bumb-boat, or other boat whatsoever, used and navi- shall be regisgated for the purposes aforesaid, upon the said river, between tered at the Trinity-house. "London-bridge and the Lower Hope Point, shall be entered by "the owner or owners thereof with the master, wardens, and "assistants, at their office at the Trinity-house in Water-lane, London, specifying the name or names, or place and places of "abode of such owner or owners; to the intent that the said "master, wardens, and assistants, may register every such entry, " and deliver in writing to such owner or owners a number to be “ marked on one or more part or parts of every such bumb-boat, " or other boat; and every such owner or owners shall cause "the number so delivered to be forthwith marked, together with ❝his, her, or their christian and surname or names, and place or places of abode, upon such part or parts of the said boat so "entered Q 2 "entered as aforesaid, in such manner as the said master, war"dens, and assistants shall, from time to time, direct and appoint, in pursuance of the authorities and directions herein"after given for that purpose." 66 66 66 66 + Sect. 3. By 2 Geo. 3. c. 28. s. 3. it is provided, "That every time, and so often as the property of any such bumbboat, or other boat, shall be varied or altered, the new owner or owners shall forthwith make a fresh entry of the same, and cause the number delivered in pursuance thereof to be marked on the said boat, together with his, her, or their christian and surname or names, and place or places of abode, upon such part or parts of the said boat, and in like manner as is herein"before directed, at the first entering of any such boat." 66 66 66 66 66 66 66 + Sect. 4. By 2 Geo. 3. c. 28. s. 4. it is further enacted, That the said master, wardens, and assistants, shall, and they are hereby empowered and required to receive and register "every such entry in a book or roll to be provided and kept for "that purpose, and to deliver out a number, in writing, to such owner or owners, to be marked on one or more part or parts "of such boat, in such manner as shall be directed and appointed in pursuance of this act, for the registering which entry, and delivering out such number, the sum of five shillings shall be paid, and no more: and the said master, war"dens, and assistants, are hereby authorised and empowered to "take and receive the same, and, from time to time, to make "such orders, rules, and regulations, as they shall think requisite " and proper, for the ascertaining the part or parts of such boat, on which the said number, and the names and place or places "of abode of the owner or owners thereof shall be marked, and " in what manner, and of what dimensions the figure or figures, "and letters, composing such number, and names and place or "places of abode, shall be made, and how the same shall be, "from time to time, renewed, and kept fair and legible; and "that all such orders, rules, and regulations, after one publica"tion thereof in the London Gazette, and printed copies of the "same being affixed at Iron Gate, the Hermitage, Execution "Dock, Shadwell Dock, Rotherhithe Old Stairs, Deptford, Ratcliff Cross, and Blackwall, shall be observed by and binding upon every owner or owners of such boats so entered as afore"said." + Sect. 5. By 2 Geo. 3. c. 28. s. 5. it is enacted, "That it "shall and may be lawful for the said master, wardens, and as"sistants, or such person or persons as they shall from time to "time depute and appoint under the seal of their corporation, "and for all owners or masters of ships or vessels, either in "whole or in part, in the said river respectively, or for such person and persons as the said owners and masters, or any seven or more of them, by writing under their hands and seals, shall, "for that purpose, nominate, depute, and appoint (and which it "shall be lawful for them, from time to time, to do) at any time "or times, to stop, search, and detain, in some place of safety," any boat which there shall be reason to suspect has any ropes, cordage, tackle, apparel, furniture, stores, materials, or any part of any cargo or lading, stolen or unlawfully procured from "or out of any ship or vessel in the said river; and also to apprehend and detain, or cause to be apprehended and detained, any person or persons who may be reasonably suspected of "having or conveying any such goods, stores, or things in such "boat; and such person or persons so apprehended shall be (as soon as conveniently may be) conveyed before one or more justice or justices of the peace, for any county, city, division, "liberty, or place, adjoining to the said river: and if such person or persons shall not produce the party or parties from "whom he, she, or they bought or received such merchandizes, "goods, stores, or things aforesaid, or some credible person to "depose, upon oath, the sale or delivery thereof, or shall not "give an account to the satisfaction of such justice or justices, "how he, she, or they came by the same; that then the said person or persons so apprehended shall be deemed and ad"judged guilty of a misdemeanor; and such boat, with her "tackle, apparel, furniture, and loading, shall, upon such con"viction, be forfeited and disposed of as is herein-after directed." 66 66 66 66 66 seize stores sus Sect. 6. By 2 Geo. 3. c. 28. s. 6. it is further enacted, Constables and "That every constable, headborough, and beadle, and every watchmen may "watchman (during such time as he shall be on duty) of every pected to be "parish and place where he shall be an officer, shall and may stolen from apprehend and detain, or cause to be apprehended and de- ships by means of bumb-boats; "tained, all and every person and persons who may reasonably "be suspected of having or carrying, or any ways conveying, any ropes, cordage, tackle, apparel, furniture, stores, materials, or any part of any cargo or lading, stolen or unlawfully procured from or out of any ship or vessel in the said river Thames, and also shall and may seize and detain in some place of safety such merchandizes, goods, stores, and things aforesaid, and shall, as soon as conveniently may be, convey, or cause the person or "persons so apprehended to be conveyed, before any one or "more justice or justices of the peace for any county, city, division, liberty, or place adjoining to the said river; and if such person or persons shall not produce the party or parties from “whom he, she, or they bought or received the same, or some "credible person to depose upon oath the sale or delivery thereof, "or shall not give an account, to the satisfaction of such justice "or justices, how he, she, or they came by the same, that then "the said person and persons so apprehended shall be deemed "and adjudged guilty of a misdemeanor." 86 66 66 grant a search concealed. † Sect. 7. By 2 Geo. 3. c. 28. s. 7. it is further enacted, and justices of “That it shall and may be lawful for any justice of the peace, peace may upon information made to him on oath, by any credible per- warrant on a son or persons, that there is cause to suspect that any mer- suspicion of "chandizes, goods, stores, or things (suspected to have been their being "stolen or unlawfully come by, or taken from some ship or "vessel in the said river) are concealed in any dwelling-house, "warehouse, out-house, yard, garden, or other place, by warrant "under his hand and seal, to cause every such dwelling-house, "warehouse, out-house, yard, garden, and place to be searched “in the day-time; and if any such merchandizes, goods, stores, or The goods shall be deposited with the parish officers on the offender being convicted of either of the misdemeanors. 66 66 or things shall be found therein, to cause the same to be depoIsited and kept in some place of safety; and also to cause the person or persons in whose house, warehouse, out-house, yard, garden, or other place the same shall be found, to be brought before him, or any other justice or justices of the "peace for the same county, city, division, liberty, or place; "and if such person or persons shall not give an account to the "satisfaction of such justice or justices how he, she, or they came by the same, or shall not within some reasonable and "convenient time, to be set by such justice or justices, produce "the party or parties of or from whom he, she, or they bought "or received the same merchandizes, goods, stores, or things, "that then the person or persons in whose house, warehouse, "out-house, yard, garden, or other place the same shall be found, shall be deemed and adjudged guilty of a misde"meanor." 56 66 † Sect. 8. By 2 Geo. 3. c. 28. s. 8. it is enacted, "That upon any person or persons being convicted of either of the said last-mentioned misdemeanors, it shall and may be lawful "for such justice or justices, before whom such person or per"sons was or were convicted, to cause such merchandizes, goods, "stores, or things to be deposited in the custody of the church"wardens or overseers of the poor of the place where they shall have been so first deposited as aforesaid (who are hereby required to receive the same), or in any other convenient place, "for any time not exceeding thirty days; and to order such "churchwardens or overseers of the poor, or one of them, if the "same shall happen to be in any of the parishes or places within "the bills of mortality, to insert immediately an advertisement in some public newspaper; and if the same shall happen to be in "any other parish or place, to cause notice to be immediately "given by some public cryer, and by affixing on the church or chapel door a notice in writing, describing such merchandizes, ' goods, stores, or things, and where the same shall have been "so deposited, to the end that persons having lost any such, or any reputable person on their behalf, may come and claim the "same, within thirty days from the time of giving and affixing "such notice as aforesaid; and in case any person or persons do or shall, within the space of such thirty days, prove his, her, "or their property in and to the said merchandizes, goods, "stores, or things, upon oath, to the satisfaction of one or more justice or justices as aforesaid, that then such justice or jus"tices shall order restitution of such merchandizes, goods, "stores, or things to be made to the owner or owners thereof, "after paying the reasonable charges of seizing, removing, depo"siting, and giving public notice as aforesaid, and also reason"able compensations to the person or persons giving such in"formation as aforesaid; such charges and compensations to be "settled and ascertained by such justice or justices: but if at "the end of the said thirty days (notice having been given as "aforesaid) no such proof shall be made as aforesaid, the said "merchandizes, goods, stores, or things shall be sold by the "churchwardens or overseers, in whose custody the same shall 66 66 |