Part 57 (1/2)

Among these, the following have occurred to the Author as highly deserving attention.--

1st. The Act of the 30 Geo. II. cap. 24. makes it a transportable Misdemeanor, to obtain _Goods_ or _Chattels_ by false pretences.--But as _Horses_, _Cattle_, _Poultry_, _Bank Notes_, _Bills of Exchange_, or _Notes of Hand_, although equally objects of Fraud, are not deemed in Law to be _Goods_ or _Chattels_, offences of equal, if not of greater magnitude, are not within the meaning of the Statute, and hence appears the necessity of an Amendment.

2d. The present Act relative to p.a.w.nbrokers is extremely deficient, and not only in several important points ambiguous; but also inapplicable in a variety of instances to the general views of the Legislature, as they regard the security and interest of the Poor, while in others, perhaps unnecessary and useless restrictions are imposed on the p.a.w.nbrokers themselves.

3d. As the Laws respecting Forgeries now stand--the act of forging the Firm of a Commercial House, and obtaining goods on the Credit of such Firm, is only punishable as a Misdemeanor; although in this case this offence is of a tendency _the most dangerous that can be conceived_, in a Commercial Country, where (from the unbounded confidence which prevails) it is so easy to obtain credit.

A case occurred and came under the cognizance of the Author in 1796, where a Swindler a.s.suming the Firm of a respectable House in Bristol, ordered goods from Manchester to be sent to Portsmouth, where the person (committing the Forgery) stated, that one of the Partners meant to go to meet them.--Two parcels of goods were obtained by this device, and immediately sold at half the value by the Sharpers, which led to a discovery, and enabled the Author to guard the unsuspecting Manufacturers in York and Lancas.h.i.+re, against the injuries they were likely to sustain, by the operation of a very complicated and artful conspiracy to rob them of their property to a great amount.

4th. The Receiving of _Cash or Specie, Bank Notes, Bills of Exchange, or Notes of Hand, knowing the same to be stolen_, is not at present a Criminal Offence: In a Commercial Country where such offences may be productive of much evil to Society, Why should not the Law extend to every species of Property in the same manner as to Goods and Chattels?

5th. Although Arson is considered (and justly so) as a high Criminal Offence, yet the offence of a person setting fire to his own house, with a view to defraud the Insurers, is considered only _a simple Misdemeanor_, and punished as such; and where a house at a distance from others is set on fire so as to occasion no danger to the neighbourhood, _it is not an Offence known in the Criminal Code_, even although it may appear to have been done for the purpose of defrauding the Insurers.

With a view to the prevention of this very atrocious crime (of which there have been but too many instances of late years) it would seem right that it should be _clearly defined_; and that it would not be too severe to punish offenders by Transportation; since in all cases, where the fire extends to a neighbouring house the offence of Arson is committed, and the punishment is Death.

6th. Much inconvenience is at present experienced from the circuitous and expensive process of Law, which must be resorted to for the purpose of removing bad and profligate _Lodgers_.--In cases of small concern, where the rent does not exceed a few s.h.i.+llings a week, it would be an act of great humanity to empower Magistrates to decide in a summary way.--It would check that spirit of litigation, which is the destruction of the Labouring People.

7th. As a means of controlling many offences, which are generated by an a.s.semblage of loose and immoral characters, who are constantly afloat in the Metropolis, _a General Register of Lodging-Houses_, would certainly be attended with very beneficial effects: and to use the language of the Select Committee of the House of Commons in their 28th Report, page 31,--would also ”be a Regulation, which, if discreetly used, might probably afford the means of materially a.s.sisting both the Police and the Revenue.”[207]

[Footnote 207: See pages 105 and 539 in this Work.]

8th. The extensive Plunder committed on the Farmers round the Metropolis, under the pretence of _Gleaning in Harvest_ is a very serious evil, and calls aloud for a remedy.--The practice is pernicious and ruinous to the Morals of the Families of the Labouring People in every part of the Country, since through this medium children learn pilfering habits, before they know that it is a crime.

A slight punishment on all who gleaned in any case previous to a complete removal of the corn or vegetables, and on every occasion, without first obtaining leave of the Proprietor, would prove a very salutary Regulation--for it appears that every Thief charged with stealing corn pretends it was obtained by _Gleaning_.

9th. The existing Laws being found ineffectual in controlling the habits, and in turning into a course of useful industry the labour of the herds of Gypsies, who surround the Metropolis, and commit depredations in every part of the Country, it would be exceedingly desirable,[208]