Pope's case, 1 Leach, 586. Pike's case, cor. Gould J. O. B. 1784, argued before all the judges (except Ashhurst J.) in the Exchequer-chamber, on the 16th of June 1795. On the 25th of the same month all the judges (in the absence of Grose J.), agreed that this was not a case within the act of parliament. Eyre C. J. said, it was meant to apply to cases where the owner had a possession, and the lodger the use, and was made to obviate a doubt as to the owner's possession: and Buller J. referred to the stat. 30 G. 2. c. 3. as explanatory of the word lodger, which gives a penalty against householders for not giving an account of their lodgers to the assessors of the land-tax. It was also thought by some, that the agreement to make good what should be missing, took the case out of the statute. (a) It is necessary, in an indictment on this statute, to state correctly the contract for the lodgings; and to set forth as well the name of the person by whom, as of the person to whom they were let. If lodgings be let to a married woman, during co-habitation with her husband, and her husband afterwards assent to the contract, the indictment must state that the lodgings were let to the 1 Haw. c. 43. husband, and will be erroneous if it state that they were let to the $ 4. wife. Burnell's case, 537. An indictment for stealing "the goods and chattels being in a 2 East's P. C. certain lodging-room in the dwelling-house of T. N. there situate, let by contract by the said T. N. to the said defendant, and to be used by the said defendant with the lodging aforesaid," was held sufficient although it was not stated that the goods were let at the time they were stolen. 2 Leach, 588. 2 Stark. C. P. 432. 5 & 6 Ed. 6. c. 9. 24 G. 2. c. 45. In ships, &c. 66 VII. Larceny in a Booth or Tent. Stat. 5 & 6 Ed. 6. c. 9. § 5. enacts and ordains, "that no person or persons which shall be found guilty of and for robbing any person or persons in any booth or tent in any fair or mar"ket, the owner, his wife, his children, or servants, or servant, "then being within the same booth or tent, shall (not) be ad"mitted to the benefit of clergy, &c. whether the owner or "dweller of such booths or tents, his wife, children, or servants "being in the same at the time of such robberies and felonies "committed, shall be sleeping or waking." VIII. Larceny on a Navigable River. By the stat. 24 G. 2. c. 45. "All and every person and persons who shall feloniously steal any goods, wares, or merchan"dise of the value of 40s. in any ship, barge, lighter, boat, or "other vessel or craft, upon any navigable river, or in any port "of entry or discharge, or in any creek belonging to such river or port, or upon any wharf or quay adjacent to such river or "port; or who shall be present, aiding and assisting in commiting any such offences, being thereof convicted or attainted, or "being indicted shall stand mute, not directly answer, &c. or (a) At the summer assizes for Sussex 1795, Lord C. B. Macdonald ordered the prisoner to be discharged, saying "I am sorry that the laws of England have not provided for your case, for I have no doubt whatever of your guilt." 2 Leach, 692. "shall peremptorily challenge above 20, &c. shall be excluded. "from the benefit of clergy." Fost. 79. Upon this statute the construction is generally confined to such R. v. Grimes, goods and merchandises as are usually lodged in ships, or on Maidstone Lent wharfs or quays. And therefore where George Grimes was in- Ass. 1752. dicted on this statute for stealing a considerable sum of money, S. P. Leigh's out of a ship in port; though great part of it consisted of Portugal case, O. B. money, not made current by proclamation, but commonly current; 1764, it was ruled not to be within the statute. See Rivers and Navigation. 1 Leach, 52. taking in exchange certain river Thames. stores on the And by the 2 G. 3. c. 28. Persons navigating bum boats on 2 G. 3. c. 28. the river Thames for the purpose of selling liquors, slops, tobacco, Unlawfully fruit, greens, gingerbread, or other such like ware, except such boats as shall be entered at Trinity House; and persons taking in exchange, or by way of barter, or unlawfully receiving any ropes, cordage, tackle, goods, stores, or merchandize of any vessels in the river; or cutting, damaging, and spoiling any cordage, cable, buoys, buoy rope, headfast, or other fast or rope belonging to any ship in the river, with intent to steal the same; shall be punished as in the said act is directed: but the act being only local, it is thought fit to refer to the act itself for a more particular description of the offences, and for the manner of conviction and punishment. VIII. Other Larcenies. There are moreover divers other larcenies, which are not here specified, the same being inserted under the several titles in this book, to which they more properly belong. That is to say, Larceny in stealing woollen cloth off the tenters in the night Woollen cloth, time, is inserted under the title oollen Manufacture, Vol. V. Larceny in stealing linen, fustian, calico, or cotton cloth, yarn, Linen, &c. or goods laid to be printed, bleached, or dried, to the value of 10s. under the title Linen Cloth, post. Larceny in stealing cattle or sheep, under the titles Cattle and Sheep, Vol. V. Larceny in stealing deer in parks, conies or hares in warrens, or fish in ponds, under title Game, Vol. II. Cattle or sheep. Deer, conies, &c. Hawks, swans. 15 G.5. c.31. Offenders re § 7. Larceny in stealing hawks or swans, also under title Game. Stat. 13 G. 3. c. 31. § 4. Provided for the trial of offenders in that part of the united kingdom (i. e. of Scotland and England), in which they might have the stolen goods in their possession; and since the union with Ireland, a general provision has been booty. made as to this subject by stat. 44 G. 3. c. 92. § 7. which enacts, 44 G. 3. c. 92. "that if any person or persons having stolen, or otherwise felo"niously taken money, cattle, goods, or other effects, in any one "of the parts of the said united kingdom, shall afterwards have "the same money, goods, chattels, or other effects, or any part "thereof, in his, her, or their possession or custody, in any other part of the united kingdom, it shall and may be lawful to in "dict, try, and punish, such person or persons for theft or larceny, in that part of the united kingdom where he, she, or they shall so have such money, cattle, goods, or other ef"fects, in his, her, or their possession or custody, as if the said 66 VOL. III. Offenders escaping with from one part stolen goods to any other of the kingdom, may be tried in the place where the same shall be found. 13 G. 3. c. 31. Persons receiving such booty. 50 G. 2. c. 24. $.7. Persons offering goods to sale, &c. not giving a good account of themselves, money, cattle, goods, or other effects, had been stolen in that part of the united kingdom." (a) § 5. And if any person, in either part of the united kingdom, shall knowingly receive or have any money, cattle, goods, or other effects, stolen, or otherwise feloniously taken in the other part of the united kingdom; he shall be liable to be indicted, tried, and punished for the same, in that part of the united kingdom where he shall so receive or have the same, as if they had been originally stolen there. 66 66 IX. Receiving Stolen Goods. For the law on this subject, see title Accessary, III. and IV. X. Offering Goods suspected to be stolen, to be pawned or sold. By stat. 30 G. 2. c. 24. § 7. "In case any person or persons, "who shall offer by way of pawn, pledge, exchange or sale, any goods or chattels, shall not be able, or shall refuse to give a satisfactory account of himself, herself, or themselves, or of the means by which he, she or they became possessed of such goods or chattels ; or if there shall be any other reason to suspect that "such goods or chattels are stolen, or otherwise illegally or clan"destinely obtained; it shall and may be lawful for any person or persons, his, her or their servants or agents to whom such goods or chattels shall be so offered, to seize and detain such person or persons and the said goods or chattels, and to deliver "such person or persons, as soon as conveniently may be, into the "custody of the constable, or other peace officer, who shall and is "hereby required, immediately to convey such person or persons, "and the said goods or chattels, before some justice or justices of "the peace of the county, riding, division, city, liberty or place "wherein the offence shall be committed; and if such justice or justices shall, upon examination and enquiry, have cause to suspect that the said goods or chattels were stolen, or illegally or clandestinely obtained, it shall and may be lawful for such justice "or justices to commit such person or persons into safe custody, for any time not exceeding the space of six days, in order to be further examined; and if upon either of the said examinations, "it shall appear to the satisfaction of such justice or justices, that "the said goods or chattels were stolen, or illegally or clandestinely "obtained, the said justice or justices is and are hereby authoVide stat. 39 & "rised and required to commit the party or parties offending to the common gaol or house of correction of the county, riding, divi"sion, city, liberty, or place wherein the offence shall be committed, "there to be dealt with according to law." committed. 40 G. 3. c. 99. $10. post. title Pawning. Persons detaining party, &c. indemnified. 66 66 66 § 8. Provides, "That in case such goods or chattels so seized "and detained as aforesaid, shall afterwards appear to be the property of the person or persons who offered the same to be "pawned, pledged, exchanged, or sold, or that he, she, or they (a) The statutes 45 G. 3. c. 92. and 54 G. 3. c. 186. make provision for the more easy apprehending and bringing to trial offenders escaping from one part of the united kingdom to the other, and from one county to another. With respect to the trial of " Receivers," vide Vol. I. p. 10. 46 was or were authorised by the owner or owners thereof to pawn, pledge, exchange, or sell the same, then and in such case the person or persons who shall so seize or detain the party or parties who offered the said goods or chattels, shall "be, and he, she, and they is and are by this act indemnified for having so done." 66 And by 22 G. 3. c. 58. § 4. "Every person, to whom 22 G. 3. c. 58. any goods or chattels, which have been feloniously stolen $4. goods to be or taken, shall be brought and offered to be sold, pawned Offering stolen or delivered, shall, and is hereby impowered and required pawned, &e. "(there being reasonable cause to suspect that such goods or chattels were stolen,) to apprehend, secure, and carry "before a justice of the peace for the county, city, town "corporate, 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 or persons bringing or offering the same." XI. Advertising a Reward for the Return of stolen Goods. In furtherance of the laws against receivers, and to check as much as possible their nefarious traffic, it is also enacted by stat. 25 G. 2. c. 36. § 1. "That any person publicly advertising a "reward, with no questions asked, for the return of things which "have been stolen or lost, or making use of any words in such "public advertisement purporting that such reward shall be given "or paid, without seizing or making inquiry after the person "producing such things so stolen or lost; or promising or offer ing in any such public advertisement to return to any pawn"broker or other person who may have bought, or advanced money by way of loan upon, such things so stolen or lost, money so paid or advanced, or any other sum of money or re"ward for the return of such thing; and any person printing or publishing such advertisement; shall respectively forfeit the sum of 50%. for every such offence to any person who will sue "for the same." XII. Taking a Reward to help to stolen Goods. 25 G. 2. c. 36. Advertising a reward for stolen goods, &c. subjected to forfeiture. This is a kindred offence growing in truth out of the character Taking a reof a receiver of stolen goods: for these confederates of the ward to help to thieves, who are difficult to be discovered, frequently dispose of stolen goods. the goods stolen to the owners for a reward, under the pretence of helping them again to their stolen goods: it is therefore fur ther provided by the stat. 4 G. 1. c. 11. "That whenever any 4 G. 1. c. 11. "person taketh money or reward, directly or indirectly, under § 4. 66 pretence or upon account of helping any person or persons to any stolen goods or chattels; every such person so taking money or reward as aforesaid (unless such person doth appre"hend or cause to be apprehended such felon who stole the same, "and cause him to be brought to trial for the same, and give " evidence against him) shall be guilty of felony, and suffer the pains and penalties of felony, according to the nature of the "felony committed in stealing such goods, and in such and the same manner as if such offender had himself stolen such goods " and chattels in the manner and with such circumstances as the same were stolen." Reward, &c. O. B. 1725, 4 Blac. Com. 132. 2 East's P. C. 770. 783. By stat. 6 G. 1. c. 23. § 9. whosoever shall discover, apprehend, and prosecute to conviction of felony without benefit of clergy any offender against the above law shall be entitled to a reward of 401. for every such offender, and a certificate, &c. On the above statute of the 4 G. 1. the noted Jonathan Wild was convicted and executed; the principal felon being examined as a witness on the part of the crown. XIII. Charges of Prosecution and Conviction, how to be paid. Warrant for Larceny. Westmorland. To the constable of FORASMUCH as A. I. of in the county of yeoman, hath this day made information and complaint upon one of his majesty's justices of the peace oath before me for the said county, that this present day divers goods of him the said A. I. to wit, have feloniously been stolen, taken, and carried away from the house of him the said A. I. at aforesaid, in the county aforesaid, and that he hath just cause to suspect, and doth suspect, that A.O. late of -yeoman, feloniously did steal, take, and carry away the same; These are therefore to command you forthwith to apprehend him the said A. O. and to bring him before me to answer unto the said information and complaint, and to be further dealt with according to law: Herein fail you not. Given under my hand and seal the day of in the year Note, For warrant to search for stolen goods, see Search Tarrant, Vol. V. Leather. Concerning the duties on leather, see title Excise, Vol. ii. p. 152. before the first year of the reign of James I. concerning leather: but the act made in that year renders them all useless, the same being intended to reduce all the acts into one relating to that commodity; which same thing was attempted in that king's reign, with success, in divers other articles. Therefore in this title I shall go no farther back than the statute of the 1 J. c. 22. And to avoid abundance of repetitions, I will first insert the methods of recovering the several penalties, and will then proceed with this article in its several progresses, in the order of time, from the first flaying of the hide, to its being at last sold and manufactured in leather, or exported, |