A Treatise on the Police of the Metropolis: Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their PreventionColquhoun, Patrick
History
A Treatise on the Police of the Metropolis: Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their Prevention
Colquhoun, Patrick
Crime -- England -- London; Police -- England -- London
"2. The Dealers in _Old Iron and other Metal--Rags--Old
Wearing Apparel--Buyers, Refiners, and Workers of Gold and
Silver--Dealers in Second-hand Furniture, and Building
Materials, and that Class of Sharping Pawnbrokers who have
connections with criminal people_.
"The Dealers last mentioned are extremely numerous, and
amount to several thousands in the Metropolis alone, some of
whom are _innocent Receivers_, not aware that they are
purchasing stolen articles;--others, _careless Receivers_,
asking no questions, and purchasing every thing that is
offered:--but a large proportion of _criminal Receivers_,
who purchase every thing that is offered _in the way of
trade_; well knowing, from the price and other
circumstances, that the property was originally stolen."
As the Laws now stand, (numerous, and pointed as they appear to be) it
has been found from experience, that neither of these classes can be
easily reached; and hence it is that they have multiplied in so great
a degree, (particularly the small Receivers) within the last twenty
years, and may even be said to have reigned with impunity.
For the purpose of suggesting an effectual legislative Remedy, it
will be necessary to examine shortly the laws now in being, which are
applicable to this peculiar offence.--
By the Statute of the 3d and 4th of William and Mary, cap. 9, it is
enacted, "_that Receivers of stolen Goods, knowing them to be stolen,
shall be deemed Accessaries after the fact_."
But this offence being dependent on the fate of the Principal--a
Receiver, thus circumstanced, could not be tried till after the
conviction of such Principal; so that, however strong and conclusive
the evidence might be, the Receiver was still safe, unless the Thief
could be apprehended--and even if apprehended and put upon his trial,
if acquitted through any defect of evidence, the Receiver, (although
he had actually confessed the crime, and the goods found in his
possession, could be proved to have been stolen,) must be
acquitted:--this offence also, even if completely proved, applied only
to capital felonies, and _not to petty larceny_.
These defects were discovered, and partly remedied by the Statutes 1
Anne, cap. 9; and 5 Anne, cap. 31, which enact, "_That Buyers and
Receivers of stolen Goods, knowing them to be stolen, may be
prosecuted for a misdemeanor, and punished by fine and imprisonment;
though the Principal be not previously convicted of felony_."
This Act, 5 Anne, c. 31, also greatly improved the Laws applicable to
this species of offence by _empowering the Court to substitute a
corporal punishment instead of fine and imprisonment; and by
declaring, that if the felony shall be proved against the Thief, then
the Receiver shall be taken as Accessary, and shall receive judgment
of death; but the benefit of Clergy is reserved_.
Public-domain text, read in full here on John Shaqi.
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