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on the part of the crown on this indictment.(ƒ) It was held to be an offence with the 4 Geo. 1, c. 11, s. 4 (now repealed) to take money under pretence of helping a man to goods stolen from him, though the prisoner had no acquaintance with the felon, and did not pretend that he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) The prisoner was indicted for receiving from H. Turley certain reward under pretence of helping her to certain cheeses which had before been stolen, he not having caused the person by whom the cheeses were stolen to be apprehended. The prosecutrix had her house broken open and fourteen cheeses stolen. The prisoner. who was a tradesman employed by the prosecutrix, called on her in the course of his business, and told her that he had some suspicion of the persons who had broken open her house. He proposed and executed a plan, by which he brought to her house the persons whom he suspected of being concerned in the robbery; and upon the prosecutrix seeing them she at once recognised them as persons who had been in her house the day previous to the night on which the robbery was effected. The prisoner asked the prosecutrix if she did not think they were implicated in the robbery; she said "yes;" he said “ so do I." She said, I wish " you would try if you could buy a bit of cheese of them; to which he assented; and she gave The prosecutrix saw the prisoner several times, when he told her that the cheese would come. The prosecutrix said, "You have got the money, and you don't mean to send me the cheese;" he said she might have the money back whenever she pleased. Three questions were left to the jury. First, Did the prisoner mean to screen the guilty parties or to share the money with them? Secondly, Did the prisoner know the thieves, and intend to assist them in getting rid of the cheese by procuring the prosecutrix to buy it? On either of the above suppositions the jury were directed that the case was within the statute. Thirdly, Did the prisoner know the thieves and assist the prosecutrix as her agent, and at her request, in endeavoring to purchase the cheese from them, not meaning to bring the thieves to justice? To the first two questions the jury answered "No." To the third "Yes." Whereupon the jury were directed to find the prisoner guilty, and, upon a case reserved, the judges were of opinion that, upon the facts found by the jury, the receipt of the money by the prisoner was a corrupt receiving of such money within the meaning of the statute, the facts found being that the prisoner knew the thieves, and assisted in endeavoring to purchase the stolen property from the thieves, not meaning to bring them to justice; and this finding established all the facts necessary to constitute the offence described in the statute.(h) *576] him three pounds for *that purpose. On an indictment for feloniously receiving £6 on account of helping the prose cutor to a mare which had been stolen without causing the stealer to be brought to trial, it appeared that the prosecutor's son went to the prisoner with the mare to assist him in drawing out manure, and at night turned out the mare in the prisoner's field, from which she was shortly afterwards missed. The prosecutor had bought a farm from the prisoner, and had paid part of the purchase-money to an agent, being the amount of rent due by the prisoner, and the residue to the prisoner. The day after the mare was missed the prisoner proposed to the prosecutor, that if he would get the agent to return £8 or £9 the money paid to him, three or four of the neighbors would go and find the mare, and that unless the matter was settled the mare would be removed a day's journey; the prosecutor proposed to the prisoner to pay him £5 or £6 if he would get the mare for him; this the prisoner declined, and proposed that one Sweeney should decide how much the prosecutor should pay; at length the prisoner proposed to take £12, which the prosecutor refused to give, but he gave Sweeney £6 to give the prisoner, desiring him to be very careful not to (f) Wild's (Jonathan) case, 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 conviction. See also as to the point of the principal felon being a witness: Haslam's case, ante, p. 571. (g) Rex v. Ledbitter, R. & M. C. C. R. 76. (h) Reg. v. Pascoe, 1 Den. C. C. 456; 2 C. & K. 927 (61 E. C. L. R.). part with the money till he saw the mare coming home. Sweeney told the prisoner that he could not part with the money till the mare was returned, and the mare was in fact at home before he gave the money to the prisoner. It was objected that as the mare was returned before the money was paid the case was not within the 9 Geo. 4, c. 55, s. 51;(i) but upon a case reserved it was held that, as the prisoner was aware he was to get the money, and return the mare on that account, and afterwards get the money, it came within the words " helping any person to any chattel."(j) upon account of [*577 On an indictment on the 7 & 8 Geo. 4, c. 29, s. 58, for corruptly receiving money from C. Sabin under pretence of helping him to a watch which had been stolen from him, Sabin proved that he was robbed of his watch, and mentioned the robbery in the presence of the prisoner and others, and offered five shillings to any one who would recover it for him. The prisoner said he thought he could, and on that account obtained about ten shillings from Sabin, but did not restore the watch, or money, or do anything towards the prosecution of the thief. It was urged that there was no evidence to connect the prisoner with the thief, and that some such evidence was necessary to make out the offence. Tindal, C. J., told the jury that "the taking of money here intended is certainly a corrupt and dishonest taking under false pretences; for the word 'pretence' in itself implies that something has been done with a false and sinister design. You must, therefore, be satisfied that when the prisoner took the money, he took it dishonestly, with some corrupt motive; for which many grounds might be suggested. A person may believe himself capable of finding out the thief, and if he obtains the money for that purpose, then he is not guilty of this offence. But there are also many instances in which he would be guilty; if, for instance, he saw the thief take the watch, it would be very corrupt in him to wait and take money for helping the person who had been robbed of his property, instead of immediately apprehending the thief, whose guilty act he had seen; or again, if he had anything to do with the commission of the theft itself, it would not be otherwise than corrupt to receive money for the restitution of the property. The questions for you are-first, whether the watch was stolen; and secondly, whether the prisoner did take the prosecutor's money under a corrupt pretence, and not honestly meaning to detect the thief if possible. If you think that he had any object of a wicked nature at the time, then you will say that he is guilty; but if you believe that he honestly meant to use such means as he could to bring the offender to justice, then your verdict must be 'not guilty."(k) Where an indictment alleged that the prisoner received certain money on account of helping the prosecutor to certain goods lately stolen, the prisoner not then having caused the offenders to be apprehended, it was urged that the Act specified no time within which the party was to cause the offender to be apprehended; and at any rate he must have a reasonable time so to do; and therefore the indictment was bad; but Erle, J., overruled the objection.() As a further means of putting a stop to this pernicious traffic in stolen goods, it is enacted by the 24 & 25 Vict. c. 96, s. 102, that "whosoever 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 adver- [*578 tisement 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 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 shall print or publish any such advertisement, shall forfeit the sum of fifty pounds every such offence to any person who will sue for the same by action of debt, to be recovered, with full costs of suit."(m) for (This clause corresponds with the 7 & 8 Geo. 4, c. 29, s. 58. See this case, ante, p. 163, as to the larceny. (1) Reg. v. Hicks, 1 Cox C. C. 145. (m) This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 59; 9 Geo. 4, c. 55, s. 52; and 8 & 9 Vict. c. 47, s. 4. *579] *CHAPTER THE THIRTIETH. 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. The 9 & 10 Will. 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 authorized 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 orduance 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 canvas, wrought or unwrought, with a blue streak in the middle, or any 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 *580] other moiety to the informer, to be recovered by action of debt, &c., in any court of record at Westminster. By sec. 2, "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 convicted 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 certificate 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 possession." Sec. 4 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 (a) Made a public Act by 1 Geo. 1, s. 2, c. 25, s. 14. The 25 & 26 Vict. c. 64, s. 4, repeals secs. 1, 2, 4, 5 and 8 of this Act as to England, but "only as to Her Majesty's naval and victualling stores," and the 27 & 28 Vict. c. 91, s. 4, repeals the 25 & 26 Vict. c. 64. in their custody (b) By sec. 8, 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 9 Geo. 1, c. 8, s. 3, recites the provisions of the 9 & 10 Will. 3, c. 41, s. 2, and that it was necessary to give power to mitigate the penalties therein mentioned, and to explain and amend the Act; and then enacts, "that if any person or persons shall be lawfully convicted of having in his, her, or their custody any timber, thick stuff, or plank, marked with the broad arrow, by stamp, brand, or otherwise, or of concealing any timber, thick stuff, or plank so marked, every such person so offending shall suffer, forfeit, and pay as for having, keeping, or concealing any *other [*581 warlike, naval, or ordnance stores contrary to the said Act."(d) By sec. 4, it shall be lawful for any judge, justice, or justices, before whom any offender or offenders shall be convicted of any of the crimes or offences before recited, enacted, or mentioned in this Act, to mitigate the penalty for the same, as he or they shall see cause, and to commit the offender or offenders, so convicted, to the common gaol of the county or place where the offence shall be committed, there to remain without bail or mainprize, until payment be made of the penalty and forfeiture imposed by this or the said former Act, or mitigated as aforesaid, or to punish such offender or offenders corporally, by causing him, her, or them to be publicly whipped,(e) or committed to some public workhouse, there to be kept to hard labor for the space of six months or a less time, as to such judge, justice, or justices in his or their discretion shall seem meet; anything in the said recited Act or in any other Act to the contrary notwithstanding." By sec. 5, where any dispute shall arise between the persons on whose informations on oath persons offending in the premises, or against the said former Act, shall be prosecuted or convicted, touching the right to the forfeitures or penalties, the judge or justice before whom the offender shall be convicted shall examine and finally determine the matter. The 17 Geo. 2, c. 40, s. 10, recites, the 9 & 10 Will. 3, c. 41, and the 9 Geo. 1, c. 8, ss. 3, 4, 5, and that doubts had arisen touching the method of trial and punishment of offenders against those Acts, whether they might be indicted and tried for the offences, and whether any judge, justice of assize, or justices of the peace at sessions might hear, try, and determine the same, and on conviction set such fine, or mitigate the same and the forfeitures, &c., or whether such offenders, in order for recovering the said forfeitures, &c., could only be proceeded against by action of debt, bill, &c., in a court of record at Westminster; and then declares and enacts, "that it shall and may be lawful to and for any judge, justice, or justices at the assizes, or justices of the peace at the general quarter sessions to be holden for any county, city, borough or town corporate, to hear, try, and determine by indictment or otherwise, all or any the crimes or offences mentioned in the said recited Act; and that the said judge, justice, or justices of assize, or justices of peace as aforesaid, before whom such offender or offenders shall be indicted or tried, and convicted of all or any the crimes or offences in the said recited Acts mentioned, may impose any fine, not exceeding the sum of two hundred pounds, on such offender or (6) 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 commissioners." And it empowers the commissioners or any three of them, from time to time, to give certificates to persons who shall desire the same, and shall have bought any of the said stores, within thirty days after the sale and delivery of the stores. (e) The 1 Geo. 1, st. 2, c. 25, here introduced in the second edition is repealed by the 2 Will. 4, c. 40, s. 35, except so much as continues the 11 Will. 3, c. 7, and 5 Anne, c. 34. C. S. G. (d) The 25 & 26 Vict. c. 64, repeals secs. 3, 4 and 5 of this Act as to England, but "only as to Her Majesty's naval and victualling stores." (e) The whipping of females is abolished by the 1 Geo. 4, c. 57, s. 2. offenders (one moiety to be paid to his Majesty, and the other moiety to the informer); and may mitigate the said penalty and forfeitures inflicted by the said recited Acts or either of them, and to commit the offender or offenders so convicted and fined, to the common gaol of the county or place where the offence shall be committed, there to remain without bail or *mainprize, until payment be *582] made of the penalty and forfeitures imposed by this or the said former Acts, or mitigated as aforesaid or in lieu thereof, to punish such offender or offenders in the premises corporally, by causing him, her,(ee) or them to be publicly whipped, and committed to some house of correction or public workhouse, there to be kept to hard labor for the space of three months or less time, as to such judge, justice, or justices of assize or justices of the peace shall in his or or their discretion seem meet." (f) The 39 & 40 Geo. 3, c. 89, recites the 22 Car. 2, c. 5.(g) 9 & 10 Will. 3, c. 41, s. 2, 9 Geo. 1, c. 8, ss. 3, 4, and 17 Geo. 2, c. 40, s. 10, and that it was become necessary to make some further and more effectual provision for preventing the wicked practices of the stealers, embezzlers, and receivers of his Majesty's warlike and naval, ordnance, and victualling stores; and then enacts, "that every person or persons (such person or persons not being a contractor or contractors, or employed as in the said recited Act, 9 & 10 Will 3, c. 41, is mentioned) who shall willingly or knowingly sell or deliver, or cause or procure to be sold or delivered to any person or persons whomsoever, or who shall willingly or knowingly receive or have in his, her, or their custody, possession, or keeping, any stores of war, or naval, ordnance, or victualling stores, or any goods whatsoever, marked as in the said recited Acts are expressed, or any canvass marked either with a blue streak in the middle, or with a blue streak in a serpentine form, or any bewper, otherwise called buutin, wrought with one or more streaks of raised tape (the said stores of war, or naval, ordnance, or victualling stores or goods above mentioned, or any of them, being in a raw or unconverted state, or being new or not more than one-third worn), and such person or persons who shall conceal such stores or goods, or any of them, marked as aforesaid, shall be deemed receivers of stolen goods, knowing them to have been stolen, and shall, on being convicted thereof in due form of law, be transported beyond the seas for the term of fourteen years, in like manner as other receivers of stolen goods are directed to be transported by the laws and statutes of this realm, (h) unless such person or persons shall, upon his, her, or their trial, produce a certificate under the hands of three or more of his Majesty's principal officers, or commissioners of the navy, ordnance, or victualling, expressing the numbers, quantities, or weights of such stores or goods as he, she, or they shall then be indicted for, and the occasion and reason of such stores or goods coming to his, her, or their hands or possession."(i) By sec. 2, "such person or persons (not being a contractor or contractors, or employed as aforesaid) in whose custody, possession, *or keeping any of the *583] said stores called canvass, marked with a blue streak in a serpentine form, or bewper, or otherwise called buntin, wrought as above mentioned, shall be found (such canvass or bewper, otherwise called buntin, not being charged to be new. or not more than one-third worn), and all and every person and persons who shall be convicted of any offence contrary to so much of the said recited Act of the 9 & 10 Will. 3, c. 41, as relates to the making or the having in possession or concealing any of his Majesty's warlike or naval or ordnance stores, marked as therein specified, shall, besides forfeiting such stores, and the sum of two hundred pounds, together with costs of suit as therein mentioned, be corporally punished by pillory,(j) (ee) The whipping of females is abolished by the 1 Geo. 4, c. 57, s. 2. (f) The 25 & 26 Vict. c. 64, s. 4, repeals sec. 10 of the 17 Geo. 2, c. 40, as to England, but only as to Her Majesty's naval and victualling stores." 46 (g) Now repealed by the 7 & 8 Geo. 4, c. 27. (h) Penal servitude for any term not exceeding fourteen and not less than five years, by the 20 & 21 Vict. c. 3, and 27 & 28 Vict. c. 47, ante, vol. 1, p. 4; or two years imprisonment, with or without hard labor, by the 9 & 10 Vict. c. 24, s. 1, Ibid. p. 3. (i) This Act is wholly repealed by the 25 & 26 Vict. c. 64, s. 4, as to England, but "only as to Her Majesty's naval and victualling stores.” (j) The pillory is now abolished by the 56 Geo. 3, c. 138, and 1 Vict. c. 23. |