The prisoner was indicted under the former statutes for stealing 5s. 3d. in gold coin (being a sorter in the post-office,) and it was objected that as the letters contained money, and not securities for money, the case was not within the acts, and the court (at the Old Bailey,) being of this opinion, the prisoner was acquitted. Skutt's case, 2 East, P. C. 572. The security specified in the statute must be valid and available, and therefore a draft purporting to be drawn in London, but drawn in Maidstone, and having no stamp upon it pursuant to the 31 Geo. 3, c. 25, was held not to be a draft within the 7 Geo. 3, c. 50. Pooley's case, Russ. & Ry. 12; 2 Leach, 887; 3 Bos. & Pul. 311.

It seems that the contents of the letter secreted, &c., will not be evidence as against the prisoner to prove that the letter contained the valuable security mentioned in it. Plumer's case, Russ. & Ry. 264.1 The letter in question had marked upon it "paid 2s.," which was the rate of double postage. This was written by the clerk of the writer of the letter, who had paid the postage but was not called. There being no other proof of the double postage, the judges held the conviction wrong. Plumer's case, Russ. & Ry. 264.m

The prisoner having been indicted under the 5 Geo. 3 and 7 Geo. 3, c. 50, s. 3, the jury found specially that he was a person employed by the post-office in stamping and facing letters, and that he secreted a letter which came into his hands by virtue of his office, containing a 107. note, but that he did not open the same, nor know that the bank note was contained therein, but that he secreted it with intent to defraud the king of the postage which had been paid. The prisoner, it is said, remained in prison several years, but no judgment appears to have been given. Sloper's case, 2 East, P. C. 583; 1 Leach, 81.

Offences by other parties-stealing money or valuable securities out of letters.] By the 7 Wm. 4 and 1 Vict. c. 36, s. 27, "every person who shall steal from or out of a post letter any chattel, or money or valuable security, shall, in England and Ireland, be guilty of felony, and in Scotland, of a high crime and offence, and shall be transported beyond the seas for life."

Although it was held, that a person in the employ of the post-office was not within the second section of the 52 Geo. 3, c. 143, yet such a person might be indicted and convicted under the third section for stealing a letter. Brown's case, Russ. & Ry. 32(n); Salisbury's case, 5 C. & P. 155.°

Offences by other parties-stealing letter-bags and letters sent by the mail, &c.] By the 7 Wm. 4 and 1 Vict. c. 36, s. 28, "every person who shall steal a post letter-bag, or a post letter from a post letter-bag, or shall steal a post letter from a post office, or from an officer of the post-office, or from a mail, or shall stop a mail with intent to rob or search the same, shall, in England and Ireland, be guilty of felony, and in Scotland, of a high crime and offence, and shall be transported beyond the seas for life."

Where the prisoner, with intent to steal the mail bags, pretended to be the guard, and procured them to be let down to him from the *window by a string, [*843] and carried them away; being indicted on the 7 Geo. 3, and found guilty, all the judges held the conviction right, on a count for stealing the letters out of the postoffice; for his artifice in obtaining the delivery of them in the bag out of the house, was the same as if he had actually taken them out himself. Pearce's case, 2 East, P. C. 603. Upon the same stat. (7 Geo. 3,) it was held, that a letter-carrier taking letters out of the office intending to deliver them to the owners, but to embezzle the 1 Eng. C. C. 12. 1 Id. 264. m Id. 32. n Eng. C. L. Reps. xxiv. 253. • Id. iii. 443.

postage, could not be indicted for stealing such letters. Howard's case, 2 East, P. C. 604.

The above statute made it an offence to steal from the possession (not from the person) of persons employed to convey letters, &c. Therefore, where a mail-rider, after fixing his portmanteau containing the letters on his horse, fastened his horse to the post-office, and went to a house about thirty yards distant for his great coat, and in the meantime the prisoner came and stole the letters, it was held by Wood, B., that the case was within the statute, for that the letters had been in the possession of the mail-rider, and that possession had never been abandoned. Robinson's case, 2 Stark. N. P. C. 485.P

With regard to what was to be considered a "post-office" within the above statute, it was held that a "receiving-house" was not such, but such a house was "a place for the receipt of letters," in the act; and if a shop, the whole shop was to be considered as "a place for the receipt of letters," and therefore, the putting of a letter on a shop counter, or giving it to a person belonging to the shop, was a putting it into the post. Pearson's case, 4 C. & P. 572. See now post, p. 848.

To complete the offence under the 4th section of the 52 Geo. 3, c. 143, of stealing a letter from the place of receipt, it was held that the letter should be carried wholly out of the shop, and therefore, if a person opened a letter in the shop, and there stole the contents without taking the letter out of the shop, the case was not within the statute. Pearson's case, supra.

A post-office being at an inn, a person was sent to put a letter, containing promissory notes, into the post. He took it to the inn, with money to prepay the postage; he did not put it into the letter-box, but laid the letter, and the money upon it, on a table in the passage of the inn, and he pointed out the letter to the prisoner, who was a female servant at the inn, who said she would “give it to them." This servant, who was not authorized by the inn-keeper of the inn to receive letters for him, stole the letter and its contents. It was held by Patteson, J., that this was not a "post-letter," (see interpretation clause, post, p. 848,) within the 7 Wm. 4 and 1 Vict. c. 36, ss. 27, 28, and that the stealing of the letter and its contents by the prisoner was not an offence within either of those sections. R. v. Harley, 1 C. & K. 89.

Offences by other persons—stealing, &c. letter-bags and letters sent by a postoffice packet.] By the 7 Wm. 4 and 1 Vict. c. 36, s. 29, "every person who shall steal or unlawfully take away a post letter-bag sent by a post-office packet, or who shall steal or unlawfully take a letter out of any such bag, or shall unlawfully open any such bag, shall in England and Ireland be guilty of felony, and in Scotland of a high crime and offence, and shall be transported beyond the seas for any term not exceeding fourteen years."

[*844] *Offences by other parties—fraudulently retaining letters, &c.] By section 31, reciting that "post letters are sometimes by mistake delivered to the wrong person, and post letters, and post letter-bags are lost in the course of conveyance or delivery thereof, and are detained by the finders in expectation of gain or reward;" it is enacted, "that every person who shall fraudulently retain, or shall wilfully secrete, or keep, or detain, or being required to deliver up by an officer of the post-office, shall neglect or refuse to deliver up a post-letter, which ought to have been delivered to any other person, or a post letter-bag or post-letter which shall have been sent, whether the same shall have been found by the person secretEng C. L. Reps. xix. 533.

9 Id. xlvii. 89.

ing, keeping, or detaining, or neglecting or refusing to deliver up the same, or by any other person, shall in England and Ireland be guilty of a misdemeanor, and in Scotland of a crime and offence, and being convicted thereof, shall be liable to be punished by fine and imprisonment."

This was a new enactment to meet Mucklow's case, ante, p. 596.

Offences by other parties-forging the name or handwriting of the receivergeneral, &c. of the post-office.] By sect. 33, "every person who shall knowingly and wilfully forge or counterfeit, or cause or procure to be forged or counterfeited the name or handwriting of the receiver-general for the time being of the general post-office in England or Ireland, or of any person employed by or under him, to any draft, instrument, or writing whatsoever, for or in order to the receiving or obtaining of any money in the hands or custody of the governor and company of the bank of England or Ireland on account of the receiver-general of the post-office, or shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any draft, warrant, or order of such receiver-general, or of any person employed by or under him, for money or for payment of money, with intent to defraud any person whomsoever, shall be guilty of felony, and being convicted thereof shall be transported beyond the seas for life."

Offences by other parties-forging or altering franks.] By sect. 34, "every person who shall forge or counterfeit the handwriting of another person in the superscription of a post-letter, or who shall alter or change upon a post-letter the superscription thereof, or who shall write or send by the post, or cause to be written or sent by the post, a letter the superscription whereof in whole or in part shall be forged or counterfeited, or altered, knowing the same to be forged, counterfeited, or altered, with intent, in either of those cases, to avoid the payment of the duty of postage, shall in England and Ireland be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be transported beyond the seas for the term of seven years."

The privilege of franking, however, was abolished under the provisions of the 2 and 3 Vict. c. 52.

Accessaries and procurers.] By the 7 Wm. 4 and 1 Vict. c. 36, s. 35, it is enacted that in the case of every felony punishable under the post-office acts, every principal in the second degree, and every accessary before the fact, shall be punishable in the same manner as the principal in the first degree is by the postoffice acts punishable; *and every accessary after the fact to any felony [*845] punishable under the post-office acts, (except only a receiver of any property or thing stolen, taken, embezzled, or secreted,) shall, on conviction, be liable to be imprisoned for any term not exceeding two years; and every person who shall aid, abet, counsel, or procure the commission of any misdemeanor punishable under the post-office acts, shall be liable to be indicted and punished as a principal offender." See also s. 37, infra.

And by sect. 36, "every person who shall solicit or endeavour to procure any other person to commit a felony or misdemeanor punishable by the post-office acts shall in England and Ireland be guilty of a misdemeanor, and in Scotland of a crime and offence, and being thereof convicted shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years."

Receivers.] By sect. 30, "with regard to receivers of property sent by the post

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and stolen therefrom," it is enacted, "that every person who shall receive any po letter or post letter-bag, or any chattel or money or valuable security, the stealing or taking or embezzling or secreting whereof shall amount to a felony under the post-office acts, knowing the same to have been feloniously stolen, taken, embezzled, or secreted, and to have been sent or to have been intended to be sent by the post, shall in England and Ireland be guilty of felony, and in Scotland of a high crime and offence, and may be indicted and convicted either as an accessary 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 receiver, howsoever convicted, shall be liable to be transported beyond the seas for life."

Venue.] By sec. 37, "the offence of every offender against the post-office acts may be dealt with, and indicted and tried, and punished, and laid and charged to have been committed in England and Ireland, either in the county or place where the offence shall be committed, or in any county or place in which he shall be apprehended or be in custody, as if his offence had been actually committed in that county or place, and if committed in Scotland either in the high court of justiciary at Edinburgh or in the circuit court of justiciary to be holden by the lords commissioners of justiciary within the district where such offence shall be committed, or in any county or place within which such offender shall be apprehended or be in custody, as if his offence had been actually committed there; and where an offence shall be committed in or upon or in respect of a mail, or upon a person engaged in the conveyance or delivery of a post-letter bag or post letter, or in respect of a post letter-bag or post letter, or a chattel, or money, or valuable security sent by the post, such offence may be dealt with and inquired of, and tried and punished, and laid and charged to have been committed, as well in any county or place in which the offender shall be apprehended or be in custody, as also in any county or place through any part whereof the mail, or the person, or the post letter-bag, or the post letter, or the chattel, or the money, or the valuable security sent by the post in respect of which the offence shall have been committed, shall have passed in due [*846] course of conveyance or *delivery by post, in the same manner as if it had been actually committed in such county or place; and in all cases where the side or the centre or other part of a highway, or the side, the bank, the centre, or other part of a river, or canal or navigation, shall constitute the boundary of two counties, such offence may be dealt with and inquired of, and tried and punished, and laid and charged to have been committed in either of the said counties through which or adjoining to which or by the boundary of any part of which the mail or person shall have passed in due course of conveyance or delivery by the post, in the same manner as if it had actually been committed in such county or place; and every accessary before or after the fact to any such offence, if the same be a felony or a high crime, and every person aiding or abetting or counselling or procuring the commission of any such offence, if the same be a misdemeanor, may be dealt with, indicted, tried, and punished as if he were a principal, and his offence laid and charged to have been committed in any county or place in which the principal offender may be tried."

By sect. 39, "where an offence punishable under the post-office acts shall be committed within the jurisdiction of the admiralty, the same shall be dealt with and inquired of and tried and determined in the same manner as any other offence committed within that jurisdiction."

Property may be laid in the postmaster-general, &c.] By sect. 40, «in every case where an offence shall be committed in respect of a post letter-bag or a post letter, or a chattel, money, or a valuable security, sent by the post, it shall be lawful to lay in the indictment or criminal letters to be preferred against the offender the property of the post letter-bag or of the post letter, or chattel or money or the valuable security sent by the post, in the postmaster-general; and it shall not be necessary in the indictment or criminal letters to allege or to prove upon the trial or otherwise that the post-letter-bag or any such post letter or valuable security was of any value; and in any indictment or any criminal letters to be preferred against any person employed under the post-office for any offence committed against the post office acts, it shall be lawful to state and allege that such offender was employed under the post-office of the United Kingdom at the time of the committing of such offence, without stating further the nature or particulars of his employment."

Punishment.] By sect. 41, "every person convicted of any offence for which the punishment of transportation for life is herein awarded shall be liable to be transported beyond the seas for life or for any term not less than seven years, to be imprisoned for any term not exceeding four years; and every person convicted of any offence punishable according to the post-office acts by transportation for fourteen years shall be liable to be transported for any term not exceeding fourteen years nor less than seven years, or to be imprisoned for any term not exceeding three years."

By sect. 42, "where a person shall be convicted of an offence punishable under the post-office acts for which imprisonment may be awarded, the court may sentence the offender to be imprisoned, with or without hard labour, in the com- [ *847 ] mon gaol or house of correction, and may also direct that he shall be kept in solitary confinement for the whole or any portion of such imprisonment, as to the court shall seem meet."

Interpretation clause.] By sect. 47, "for the interpretation of the post-office laws," it is enacted, "that the following terms and expressions shall have the several interpretations hereinafter respectively set forth, unless such interpretations are repugnant to the subject, or inconsistent with the context of the provisions in which they may be found; (that is to say,) the term "British letter" shall mean a letter transmitted within the United Kingdom; and the term "British newspapers" shall mean newspapers printed and published in the United Kingdom liable to the stamp duty and duly stamped; and the term "British postage" shall mean the duty chargeable on letters transmitted by post from place to place within the United Kingdom, chargeable for the distance. which they shall be transmitted within the United Kingdom, and including also the packet postage, if any; and the term "colonial letter" shall mean a letter transmitted between any of her Majesty's colonies and the United Kingdom; and the term "colonial newspapers" shall mean newspapers printed and published in any of her Majesty's dominions out of the United Kingdom; and the term "convention posts" shall mean posts established by the postmaster-general under agreements with the inhabitants of any places; and the term "double letter" shall mean a letter having one inclosure; and the term "double postage" shall mean twice the amount of single postage; and the term "East Indies" shall mean every port and place within the territorial acquisitions now vested in the East India Company in trust for her majesty, and every other port or place within the limits of