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![handle is hein.beal/treatiseo0004 and id is 1 raw text is: 542
CHAPTER THE TWENTY-EIGHTH.
OF RECEIVING STOLEN GOODS.
[237] RECEIVERS of stolen goods were at common law punishable only
The offence at as for a misdemeanor, even after the thief had been convicted of
common la felony in stealing them;(a) but by the provisions of several
demeanor. statutes, now repealed, such receivers were made accessories after
the fact to the felony of the thief, in cases where the thief had
been convicted, or was amenable to justice; and were made liable
to be prosecuted for a misdemeanor in cases where the thief had
not been convicted, and whether he was amenable to justice
or not.
Receiving By the 24 & 25 Vict. c. 96, s. 91, 'whosoever shall receive
wret the any chattel, money, valuable security, or other property whatso-
guilty of ever, the stealing, taking, extorting, obtaining, embezzling, or
felony. otherwise disposing whereof shall amount to a felony, either at
common law or by virtue of this Act, knowing the same to have
been feloniously stolen, taken, extorted, obtained, embezzled, or
disposed of, shall be guilty of felony, and may be indicted and
convicted either as an accessory after the fact or for a substantive
felony, and in the latter case, whether the principal felon shall or
shall not have been previously convicted, or shall or shall not be
amenable to justice; and every such receiver, howsoever convicted,
shall be liable, at the discretion of the court, to be kept in penal
servitude for any term not exceeding fourteen years and not less
than three years,-or to be imprisoned for any term not exceeding
two years, with or without hard labour, and with or without
solitary confinement, and, if a male under the age of sixteen years,
with or without whipping: Provided, that no person, howsoever
tried for receiving as aforesaid, shall be liable to be prosecuted a
second time for the same offence.' (b)
Indictment for Sec. 92. ' In any indictment containing a charge of feloniously
stealing and stealing any property it shall be lawful to add a count or several
receiving, counts for feloniously receiving the same or any part or parts
thereof, knowing the same to have been stolen, and in any indict-
ment for feloniously receiving any property knowing it to have
been stolen it shall be lawful to add a count for feloniously
stealing the same ; and where any such indictment shall have been
preferred and found against any person, the prosecutor shall not
be put to his election, but it shall be lawful for the jury who shall
(a) Fost. 373. torted, obtained, embezzled, or otherwise
(b) This clause is taken from the 7 & 8 disposed of within the meaning of any
Geo. 4, c. 29, s. 54, and 9 Geo. 4, c. 55, section of this Act. As to hard labour,
s. 47 (I). The words in italics have been &c., see ante, p. 67 ; as to the proceed-
introduced in order to include all cases ings against accessories, see vol. 1, p. 67,
where property has been feloniously ex- .et seq.](ViewImageLocal?handle=hein.beal/treatiseo0004&div=1&collection=&method=preview&ext=.png&size=3)