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
The common law has defined the offence of cheating--to be _a deceitful
practice in defrauding, or endeavouring to defraud, another of his own
right, by means of some artful device, contrary to the plain rules of
common honesty_.
The Statute of the 33d of Henry the Eighth, _cap._ 1. entered into a
more specific explanation of what might constitute such an offence,
and fixed the mode of punishment; by declaring, "_that if any persons
shall falsely or deceitfully obtain, or get into his hands or
possession, any money, goods, &c. of any other person_, by colour or
means of any false privy token, or counterfeit letter, _&c.--he shall,
on conviction, be punished by imprisonment, the pillory, or
whipping--saving to the party aggrieved the same power of recovering
the property as he might have had at Common Law, &c._"
From this remote period, until the 30th of George the Second, the
Legislature does not appear to have seen the necessity of enacting any
new Law, applicable to this species of offence.
In the progress however of Society and Commerce, joined to the
consequent influx of riches, producing luxury and extravagance, a
larger field opened for cheats and sharpers of every description;
insomuch, that the evil became so great, and the existing Laws were
found so insufficient, as to render it necessary to provide a
legislative remedy.
In applying this remedy, it seems that the great increase of a new
species of cheating, practised by persons known in modern times by the
name of _Swindlers_, had suggested the propriety of defining the
offence, in a more applicable and specific manner, and of rendering
the punishment more severe. By the act of 30 Geo. II. _cap._ 24. it is
declared, "_that all persons obtaining money, goods, wares, or
merchandise_, by false pretences, _shall be deemed offenders against
the Law and the public peace; and the Court, before whom any such
offender shall be tried, shall on conviction, order them to be put in
the pillory, or publicly whipped, or transported for seven years_."
Thus stand the Laws at present with regard to Swindlers.[30] They
ought certainly to embrace a wider field, so as to reach those
artifices by which sharpers and persons of depraved minds, obtain
money from the ignorant and unwary, by assuming false characters,
taking genteel lodgings, and cheating innocent tradesmen, who lose
large sums annually by such depredations.
Public-domain text, read in full here on John Shaqi.
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