Part 99

Persons who steal or aid in stealing any lead, iron bar, iron gate, palisadoe, or iron rail fixed to any house or its outhouses, garden, orchard, or courtyard is guilty of felony and may be transported for seven years. In 1756 also included was copper, brass, bell-metal, and solder; buyers and receivers; and mills, warehouses, workshops, wharves, ships, barges, and other vessels. Search warrants were authorized in case of suspicion. Officers and solicited buyers and receivers were required to take persons who at night were reasonably suspected of having or carrying such items, to an accounting before a Justice of the Peace. Also a notice was put in the newspaper for any owners to claim such. If the person did not give a satisfactory account of the items, he was guilty of a misdemeanor punishable by forfeiture of 2 pounds or prison up to one month for the first offense, 4 pounds or prison for two months for the second offense, and 6 pounds or prison for any subsequent offense (without bail). An officer or solicited buyer or receiver who did not take a suspect to a Justice of the Peace was punishable by the same penalties except the amounts of forfeiture were 1 pound, 2 pounds, and 4 pounds respectively. A felon who brought two buyers or receivers to justice was to be pardoned.

A description of any goods and the appearance of a rogue or vagabond or idle and disorderly person shall be advertised in a public paper for identification by the owner as stolen.

Pawning goods without consent of the owner is punishable by forfeiture of 20s. or hard labor for fourteen days with whipping there.

Maliciously destroying river banks resulting in lands being overflowed or damaged is a felony for which one shall suffer death without benefit of clergy. Later, transportation for seven years was made an alternative.

All persons pretending to be patent gatherers or collectors for prison gaols or hospitals and all fencers, bearwards, common players of interludes, minstrels, jugglers, and pretended gypsies, and those dressing like Egyptians or pretending to have skill in physiognomy, palm-reading, or like crafty science, or pretending to tell fortunes, and beggars, and all persons able in body who run away and leave their wives or children to the parish shall be deemed rogues and vagabonds. Apprehenders of such persons bringing them before a Justice of the Peace may be rewarded 2s. Any constable not apprehending such shall forfeit 10s. Persons wandering outside the place determined by a Justice of the Peace to be his settlement may be whipped on the back until it is bloody or sent to hard labor at a House of Correction. If he was dangerous and incorrigible, for instance as indicated by swearing falsely before a Justice of the Peace, he could suffer both punishments with the whipping being on three market days. If he escaped from the House of Correction, it was felony. If he has been absent for more than two years, he could be put out as an apprentice for seven years in the realm, in the colonies, or in a British factory beyond the seas. Included later were performers for gain from outside their parish of any play, tragedy, comedy, opera, farce or other entertainment of the stage, including performances in public places where wine, ale, beer, or other liquors are sold, or forfeit 50 pounds. Excluded were performances authorized by the king in Westminster.

Unlicensed places of entertainment are deemed disorderly (like bawdy houses and gaming houses) because they increase idleness, which produces mischief and inconvenience. Persons therein may be seized by a constable. Persons keeping such a place shall forfeit 100 pounds. No licensed place of entertainment may be opened until 5:00 p.m.

Later there was an award of 5s. for apprehending a person leaving his wife and children to the parish, living idly, refusing to work at going rates, or going from door or placing themselves in the streets to beg. This includes begging by persons who pretend to be soldiers, mariners, seafaring men, or harvest workers. These rogues and vagabonds shall be sent to hard labor at a House of Correction for up to one month. The real soldiers, mariners, seafaring men, and harvest workers shall carry official documents indicating their route and limiting the time of such passage.

Persons pretending to be lame who beg are to be removed. If he comes back to beg, his back may be whipped until bloody. If a constable neglects this duty, he shall forfeit 10s.

Masters of ships bringing in vagabonds or beggars from Ireland or the colonies shall forfeit five pounds for each one. This money shall be used for reconveying such people back at a price determined by a Justice of the Peace. A master of a ship refusing to take such a person shall forfeit five pounds. These vagabonds and beggars may be whipped.

Anyone who profanely curses or swears shall suffer the following penalties: day laborer, common soldier, common sailor, common seaman - 1s., anyone else below the degree of gentleman - 2s., gentlemen and above - 5s., and for the second offense, a double fine, for further offense, a treble fine. If a person can't pay, he shall be put to hard labor at a House of Correction for ten days, or if a common soldier, common sailor, or common seaman, he shall be set in the stocks for 1-2 hours. This is to prevent the provocation of divine vengeance.

Anyone setting up or maintaining lotteries or deceitful games must forfeit 200 pounds, or go to prison up to 6 months. Any one who plays at such, such as by drawing lots or using cards or dice, must forfeit 50 pounds. Sales of lottery items, such as houses, lands, plate, jewels, or ships, are void and these items will be forfeited to any person who sues. Such have caused many families to become impoverished, especially through their children or through the servants of gentlemen, traders, and merchants. Backgammon games are exempt. Later, People who lost up to ten pounds in deceitful gaming were allowed to sue to recover this money from the winners. Also, anyone winning or losing ten pounds at one time or twenty pounds within 24 hours shall be fined five times the value of such. Offenders discovering others, who are convicted, are indemnified from all penalties and shall be admitted to give evidence.

No one may run more than one horse, mare, or gelding in a horse race. No prize may be under 50 pounds value. This is because a great number of horse races for small prizes have contributed to idleness, to the impoverishment of the meaner sort of people, and has prejudiced the breed of strong and useful horses.

Wagers and agreements in the nature of puts and refusals relating to prices of stocks or securities are void. Those making or executing such agreements must forfeit 500 pounds. Those selling stock which one does not possess must forfeit 500 pounds. Brokers negotiating such agreements must forfeit 100 pounds.

Only a person with an interest in the life or death of another may have insurance on this other, to prevent the mischievous kind of gaming that has been introduced.

The punishment for forgery or counterfeiting or assisting in such or claiming a counterfeit item is good while knowing that it is not, with an intent to defraud is death without benefit of clergy. The punishment for perjury or subordination of perjury is hard labor in the House of correction for up to seven years or transportation for up to seven years. The punishment for altering numbers on bills of exchange or other payment papers is death.

It is high treason to counterfeit the coinage. A person who tenders coin, knowing it to be false, shall spend six months in prison and acquire sureties for good behavior for the next six months. If he offends again, he shall spend two years in prison and acquire sureties for good behavior for the next two years. The third offense is felony without benefit of clergy.

In 1773, makers, aiders, or possessors of any frame, mould, or instrument for forging paper notes of the Bank of England and putting this identification thereon is felony for which one shall suffer death without benefit of clergy. Anyone who forges promissory notes, bills of exchange, or inland bills of the Bank of England by engraving or etching on metal or wood "Bank of England" or "Bank Post Bill" shall go to gaol for up to six months.

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, may be transported for 14 years.

Apples and pears may not be sold by any measure other than a standard water measure, or forfeit 10s., one-half to the informer, and one-half to the poor, except for measures sealed by the Company of Fruiterers. This is to decrease the suits between buyers and sellers.

There shall be enough silver and gold on silver and gold plated silk thread and wire so that it does not crumble off, thereby wasting the bullion of the nation. This is also to encourage its export by making it competitive in trade with such foreign articles, which may not be imported.

Malt to be sold or exported must not be fraudulently mixed with unmalted grain to lower duties payable or forfeit 5s.

Any one who adulterates coffee with water, grease, butter, and such shall forfeit 20 pounds, 1/2 to the king, and 1/2 to the suer.

Walnut tree leaves, hop leaves, sycamore leaves and such may not be made to imitate tobacco leaves for sale or forfeit 5s. per pound.

Persons near London may not make unsound, hollow, or improperly heated bricks.

Makers of narrow woolen cloths must weave or set in the head of every piece his initials or forfeit one pound. This is to prevent frauds and abuses, particularly in stretching and straining the cloth. The fulling mill owner must append his seal of lead with his name and with his measurements. The searcher to be appointed must measure such cloths when wet for conformity to standard measurements and append his seal with his measurements. He may also inspect any places he chooses.

In 1774, wool making employees not returning all working tools and implements and wool and all materials with which entrusted back to their employer or who fraudulently steams, damps, or waters such wool or who takes off any mark on any piece of cloth shall go to the House of Correction for one month. If he absconds with or sells such or anyone fraudulently buys or receives such from him, a search warrant may be issued to seize any other such tools or material. If found, the person may be brought to account before a Justice of the Peace, and if the account is not satisfactory, he shall forfeit such. A search warrant may also be issued for houses on "just cause to suspect" by oath of a credible witness. For a second offense, the penalty is up to three months in a House of Correction. For a third offense, the penalty is up to six months in a House of Correction and public whipping.

Bakers must mark their bread with W for white, WH for wheaten, and H for household or forfeit 20s. to the informer. In 1758, a new assize of bread set prices for rye, barley, oats, and beans by the bushel. The prices for the three qualities of wheat, for wheaten (prized and unprized), and for household grain by the bushel were to be determined from within a statutory range by the local Mayor or Justice of the Peace. Mayors and Justices of the Peace were to determine a fair profit for their local bakers for all the types of bread. A miller, mealman, or baker adulterating bread was to forfeit 40s. 10 pounds, part of which money could be used in publishing his name, abode, and offense in the local newspaper. Later, there was a forfeiture of 1-5s. for every ounce underweight. Household bread was to be 1/4 cheaper than wheaten or forfeit 10-40s. Bread inferior to wheaten was not to be sold at a price higher than household or forfeit up to 20s. If the forfeiture was not paid, it could be levied by distress, or otherwise the offender was to spend one month in gaol or a House of Correction.