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Observations
The principle of this clause is authorized
by the Lottery Act: and is absolutely necessary
to counteract the manouvres of the
notorious Receivers.
This provision is taken from 29. Geo. 2d. 6. 30.
which was passed to prevent stealing Lead
Copper &c and it is presumed, tho' a strong measure,
yet that its application to the protection of
the property of the Merchants and consequent
increase of the Revenue attended with the suppression
of a system so disgraceful to the Post and
the Police will not be objected to ley the house.
Experience has proved the inadequacy of the
existing Laws and that the present System of
committing the punishment by the payment
of a small fine is radically bad and does not
diminish this extensive evil: is being a subject
of public notoriety, that the fine is instantly
paid out of a fund subscribed by the opulent
receivers.
The principle of this clause is
authorized by the Vagrant Act and Lottery Acts
jointly: and, as Mr Colquhoun has remarked
is preferable to punishing offenders as Rogues
and Vagabonds as by this mode all litigation
at sessions will be avoided.
It is submitted for consideration whether as there
is always a great difficulty in proving a prior
conviction of any person, therefore perhaps is
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Heads
pack'd in an unusual manner, to be sufficient
Ground for suspicion that it was stolen or unlawfully
obtained; if a Satisfactory Account is not given.
On information against reputed Receivers, that any
such merchandizers & are reputed to be concealed
in their dwelling houses or premises a Justice
may by Special Warrant authorize any Person
by Day or Night (but if by Night in the presence of
a Peace Officer) to break open and search the same,
and to seize such merchandize, and apprehend the
the Persons in whose Dwelling House or Premises
they are found; and convey they before two Deputies
if the Persons do not give a satisfactory account
how they came by such merchandizes &c or
produce the Parties from whome they receiv'd the
same to be deemed guilty of a misdemeanour.
Goods seized under this Act to be dealt with as
Goods seized under the former Act.
Persons to whom suspected Goods are offered to pawn or
Sale, to be deemed Guilty of a misdemeanour, if
they do not apprehend the Person offering such goods,
having it in their Power so to do. The evidence of
Persons concerned in stealing or unlawfully procuring
such Goods to be sufficient if corroborated with
other circumstances.
The Punishment for the first offence to be imprisonment,
not to exceed to nor less than 3 Months: for
the second offence imprisonment, not to exceed
12 nor less than 6 Months. The pecuniary penalties
of 40s for the 1st Offence, and £4 for the
second and every subsequent offence, imposed by the
Bum-boat Act (except for the misdemeanours in
the 15th Section) repealed and, upon first conviction
for misdemeanours against this Act or the former
Act, the offender to be either publickly whipped
or sent to the house of correction, for any time
not exceeding 6 months nor less than 3 months: for
the second offence to be publickly whipped and also sent to the House of Correction for any time
not exceeding 12 Months nor less than 6 Months:
and for every subsequent offence to be publickly
whip't and also sent to the House of Correction
for anytime not exceeding 2 Years nor less
than 1 Year.
Upon a second conviction for any Misdemeanour
against this Act or the former Act the party
is to be deprived of and rendered incapable
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Identifier: | JB/150/112/002"JB/" can not be assigned to a declared number type with value 150. |
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150 |
police bill |
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112 |
[[info_in_main_headings_field::contents of a bill to be intitled[sic]]] |
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002 |
observations / heads |
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copy/fair copy sheet |
3 |
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recto |
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50333 |
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