Our Legal Heritage Part 122

Anyone selling gold or silver ware, vessel, plate or other item large enough to be marked which has not been marked by its maker shall forfeit 10 pounds or be kept at hard labor up to six months. Anyone counterfeiting such mark shall forfeit 100 pounds. Later, vendors of these items were required to be licensed and the penalty for counterfeiting was raised to felony for which one shall suffer death without benefit of clergy. Later still, transportation for fourteen years was allowed as an alternative. If an item was not all silver, e.g.

had metal underneath, 100 pounds was to be forfeited.

In 1769, receivers of stolen jewels and gold and silver plate and watches knowing them to be stolen, in cases of burglary and highway robbery, were subject to transportation for 14 years.

Anyone who willfully and maliciously set on fire any mine or pit of coal is guilty of felony and shall suffer death without benefit of clergy. Anyone who willfully and maliciously floods a coal work, mine pit or who makes underground cavities or pa.s.sages with intent to destroy or damage such, or obstructs any sough or sewer made for draining such, which has been held in common for 50 years, shall forfeit treble damages. This is to deter these offenses, which have been done to enhance the price of coals and gain a monopoly thereof.

If twelve or more people who riotously and tumultuously a.s.semble and disturb the peace, do not disburse within an hour of an order to disburse by a justice or sheriff or mayor, they shall be deemed felons without benefit of clergy. Any people pulling down or destroying a church, dwelling house, barn, stable, or other out house; any mill; any engine used for draining water from any coal, lead, tin, or copper mines, or for drawing coals from mines; or bridge, wagon, or fences used in such industry will be deemed felons without benefit of clergy and may be transported for seven years. The cost of repair is to be borne by the hundred or town.

The earlier statute that subst.i.tuted burning in the cheek for burning in the hand is repealed because this not only did not deter offenders, but on the contrary, made them unfit for honest livelihoods and therefore more desperate. Those convicted of theft or larceny shall be burnt in the hand and may be kept at hard labor in a House of Correction for 2-24 months, without bail.

Anyone stealing goods off s.h.i.+pwrecks, or putting out a false light to bring a s.h.i.+p to danger, or beating or wounding with an intent to kill or otherwise obstructing a person escaping from the s.h.i.+p to save his life shall suffer death without benefit of clergy. Except that good of small value taken without violence shall be punished as pet.i.t larceny. The houses of suspect people may be searched by warrant. If there are goods found or if people are found offering goods to sell, they may be ordered by a justice to give an account of these goods. If the account is not satisfactory, the punishment is forfeiture of treble their value or six months in prison. A reasonable reward may be given to the discoverer.

Anyone a.s.saulting a magistrate or officer involved in salvage work shall be transported for seven years.

Armed persons up to three in number a.s.sembled to a.s.sist in illegal exporting or running, landing, or carrying away prohibited or uncustomed goods, and any person apprehended by any revenue officer, and anyone with his face blackened or masked who obstructs, a.s.saults, opposes, or resists any revenue officer seizing such goods, or who shoots at or maims or wounds any revenue officer attempting to go on any s.h.i.+p shall suffer death as felons without benefit of clergy or serve as commons sailors in the navy for at least one year. Harborers of such offenders will be transported for seven years. The hundreds shall pay 100 pounds for each revenue officer killed, and up to 40 pounds for each one beaten, wounded, or maimed, and damages up to 200 pounds for goods, unless an offender is caught and convicted in six months. There is a reward of 500 pounds to an apprehender, and 50 pounds for an attempt to apprehend in which one loses a limb or eye or is maimed or wounded, and 100 pounds to his family if he is killed. An offender who brings two of his accomplices to justice will be acquitted and rewarded 50 pounds for each such accomplice. Later, an incentive was given to customs officers to have a portion of the proceeds of the sale of such goods seized by them, such as 2/3 for wrought silks and calicoes, and 1/3 for tea, coffee, foreign brandy, and rum. Still later, any person could seize wrought silk, including ribbons, laces, and girdles containing it, from the importer or retailer, and the importer was to forfeit 100 pounds, and any import a.s.sistants 50 pounds, and retailers or concealers 50 pounds, with one half going to the suer. Also, the goods were to be publicly burnt. Still later, the penalty was increased to forfeiture of 200 pounds for all offenders, but not including wearers, and the goods were to be publicly sold for export rather than burnt. Then the import of silk stockings, silk mitts, and silk gloves was prohibited for the support of the English silk industry. Retailers, sellers, and concealers of such were to forfeit the goods and 200 pounds. Search warrants could be issued. In 1765, importers, sellers, and manufacturing users of most foreign wrought silks or velvets were to forfeit the goods and 100 pounds. The goods were sold for export with the proceeds going 1/2 to the king, and 1/2 to the seizing officer. The wearer was not liable. The burden of proof of the place of manufacture was on the person prosecuted rather than on the prosecutor. Persons breaking into houses or shops to destroy any wool or silk being made or tools or racks used shall suffer death as felons, to prevent combinations of workmen. In 1768, bounties were made available to American exporters of raw silk to Great Britain, whose climate was not conducive to the growing of mulberry trees on which silk worms feed. In 1774, cotton printed, stained, or dyed that has been manufactured in Great Britain may be worn and used, but must have a mark woven in the warp that it was manufactured in Great Britain.

Persons importing other such cloth shall forfeit it and ten pounds per piece. Persons selling such with a counterfeit stamp with an intent to defraud shall suffer death without benefit of clergy. The protective measures for English silk manufacture did not work well.

Any pirate, accessory to piracy, commander or master or other person of any s.h.i.+p or vessel who trades with a pirate or furnishes him with ammunition or provisions of fits out a s.h.i.+p to trade with pirates shall suffer death and loss of lands, goods, and chattels. Seamen maimed in fighting pirates may be admitted into Greenwich Hospital. (This hospital received support from duties paid by vessels of the realm and of the colonies.) Masters or seamen not fighting shall forfeit their wages and spend 6 months in prison if the s.h.i.+p is taken. Masters shall not advance to any seamen above half his wages since deserting is the chief occasion of their turning into pirates.

In London penalties for crimes against property rose so that by 1740, a child could be hanged for stealing a handkerchief worth 1s. from a person's body.

Trade and the economy boomed in time of war, b.u.t.tressed by the increased production in the coal, iron, steel, s.h.i.+pbuilding, and cloth industries. But peace brought depression and much misery, including the imprisonment of many debtors. When very many were imprisoned, statutes allowed release on certain conditions. After a.s.sets were paid to creditors in proportion to the amounts owed to them, debtors could be discharged from prison if they owed no party more than 100 pounds (later no restriction and still later, 50 pounds, and even later, 500 pounds, and in 1772, 1000 pounds, and in 1774, 2000 pounds) and take an oath that they have less than 10 pounds (20 in 1772) worth of property (including 40s. in money in 1774), because there were so many debtors in prison who were impoverished by war losses and other misfortunes in trades and professions, and were totally disabled from paying their creditors, and they and their families either starved or became a burden to their parishes and became an occasion of pestilence and other contagious diseases. Exempted were those debtors for whom there was an objection by one of their creditors who paid for the maintenance of that debtor in prison. Prisoners discharged were also discharged from chamber [cell] rent and gaolers' fees, but not from their debts to creditors.

During war, no male prisoner could be discharged unless he enlisted in the royal army or navy until the end of the war. In 1774, the discoverer of any a.s.set of a debtor not listed by that debtor was to receive a reward of 20 pounds per hundred, and anyone concealing an a.s.set of a debtor was to forfeit 100 pounds as well as double the value of the a.s.set.

A person declared bankrupt shall subsequently be examined from time to time as to their goods, money, or other effects or estate to prevent the frauds frequently committed by bankrupts. A default or willful omission shall be deemed felony without benefit of clergy.

A bankrupt or other person concealing goods to the value of at least 20 pounds or his books with intent to defraud is a felony without benefit of clergy.

A debtor refusing to come to court for examination or hiding a.s.sets of more than 20 pounds is guilty of felony and his goods and estate shall be divided among his creditors.

Later, a bankrupt coming to an examination was allowed to keep 5 (or 7 1/2 or 10) pounds per 100, up to a maximum of 200 (or 250 or 300, respectively) pounds if he paid his creditors 10s. (or 12s.6d. or 15s.

respectively) per pound. His future estate was still liable to creditors, excepting tools of trade, necessary household goods, bedding, furniture, and wearing apparel of the family up to 10 pounds, if it could pay every creditor 15s. per pound. If he didn't pay this, he could be imprisoned. Bankrupts excepted from the benefits of this act are those who lost 5 pounds in any one day or 100 pounds in the preceding year from gambling or wagers.

No goods or chattels on lands or tenements which are leased for life or lives or term of years or at will or otherwise "shall be liable to be taken by virtue of any Execution on any pretence whatsoever unless the party at whose suit the said Execution is sued out shall before the removal of such goods from off the said premises by virtue of such Execution or Extent pay to the landlord" all money due as rent. If the lessee fraudulently or clandestinely conveys or carries off his goods or chattels with intent to deprive the landlord or lessor from distraining the same for arrears of such rent, the lessor or landlord may, within five days, seize such goods and chattels as a distress for the arrears of rent and may sell them as if actually distrained on the premises.

Every person under 21 and every woman-covert who is ent.i.tled by descent or will to be admitted tenants of any copyhold lands or hereditaments may be ordered to appear by a guardian or attorney to be compelled to be so admitted and to pay such fines as are owing by the lands. If one is so admitted, but does not pay, the lord may enter the lands and receive its rents, but not sell timber, until the fine and costs are satisfied, after which the land is to be given back and may not be forfeited to the lord.

Tenants holding over any lands after their term expired and after demand for possession was made shall pay double the yearly value of such to the landlord. The landlord may reenter and eject a tenant if rent is in arrears for 1/2 year.

Landlords may distrain within 30 days and sell goods and chattels fraudulently or clandestinely carried off the premises by renters in arrears of rent. This applies to goods sold to others privy to the fraud. They may use force if necessary to break open houses upon giving a Justice of the Peace reasonable grounds to suspect and to break open other buildings in the presence of a constable. The renter is to forfeit double the value of such. The landlord may distrain the renter's cattle on any common or any growing grain, roots, or fruit. Attornments of renters made to strangers who claim t.i.tle and turn the landlord out of possession are void.

Chief leases may be renewed without surrendering all the under leases.

This is to prevent subtenants from delaying the renewal of the princ.i.p.al lease by refusing to surrender their leases, notwithstanding that they have covenanted to do so. But the rents and duties of the new subleases may not exceed those of their former leases.

Any person claiming a remainder, reversion, or expectancy in any estate upon a person's death, who has cause to believe that that person is dead and that the death is being concealed by the person's guardian, trustee, husband, or other person, may request yearly an order in chancery for the production of such tenant for life. Upon refusal, the tenant for life shall be deemed dead.

As of 1752, all devices, legacies, and bequests made by will in Great Britain or the colonies had to be in writing and witnessed by three witnesses, or would be held void. No witness was to receive anything by the will that he witnessed.

An accessory before or after the fact of felony may be prosecuted and tried not only if the princ.i.p.al accused felon has been convicted, but even if he stood mute or peremptorily challenged over 20 persons to serve on the jury. The accessories shall be punished the same as if the princ.i.p.al had been attainted. Buyers and receivers of stolen goods may be prosecuted and punished if they knew the goods to be stolen, even if the princ.i.p.al felon has not been convicted. The punishment will be as for misdemeanor by fine and imprisonment. This is to deter the counselors and contrivers of theft and other felonies and the receivers of stolen goods from taking advantage of the former rule that an accessory could not be convicted or punished unless the princ.i.p.al had first been attainted. And if any captain or mariner or other officer belonging to any s.h.i.+p willfully casts away, burns, or otherwise destroys that s.h.i.+p to the prejudice of its owners or merchants loading goods onto the s.h.i.+p, he shall suffer death as a felon.

Journeymen shoemakers or employees of such who sell or p.a.w.n boots, shoes, slippers, cut leather or other materials for making such goods which are not his proper goods, or exchange for worse good leather which has been entrusted to them, shall for the first offense, recompense the injured person, or if his goods are insufficient for distress, may be whipped. For the second offense, he shall be sent to hard labor in a House of Correction for 14-30 days. A person who buys or receives or takes in p.a.w.n such goods shall suffer the same penalties. Justices of the Peace may issue warrants to search houses and buildings in the daytime if there is "just cause to suspect" such goods therein based upon information given to him under oath.

Anyone employed in the working up of woolen, linen, fustian, cotton, or iron manufacture who embezzles or purloins any materials for their work shall forfeit double the value of the damages done and anyone convicted thereof may be put into the House of Correction until he pays, or if he can't pay, to be publicly whipped and kept at hard labor for no more than 14 days. Persons convicted of buying or receiving such materials shall suffer like penalties and forfeitures as one convicted of embezzling or purloining such materials. Laborers employed in such manufacture must be paid in coin and not in cloth, victuals, or commodities in lieu thereof. Leatherworkers were added with a penalty of up to double the value. Later this statute was amended to include a penalty for the second offense of forfeiture of four times the value, or else hard labor at a House of Correction for 1-3 months and whipping once or more in the market town. Like penalties were given for buyers of such material knowing it to be false. One who neglected finis.h.i.+ng and delivering such goods because he was leaving this employment was to be sent to the House of Correction for up to one month.