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justly due and owing to such factor or agent from his principal, Factor. together with the amount of any bill or bills of exchange drawn by or on account of such principal, and accepted by 7 & 8 G.4, c. 29.
such factor or agent.
Note. The fifty-second section applies to the case of factors, and it declares, that the party aggrieved shall have all remedies in law and equity which he had against his agent before this Act.
But the conviction of the agent shall not be evidence, and if he shall have disclosed on oath, in consequence of some compulsory process, the act of which he has been guilty, he shall not be liable to a subsequent indictment.
Indictment againt a Factor for Pledging Goods, &c. for his own use, which were entrusted to him for the purpose of Sale. Hertfordshire, The jurors for our lord the King upon their to wit. Joath present, that heretofore, to wit, on the
in the tenth year of the reign of our sovereign lord, by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, at the parish of in the county of Hertford, one B. did deposit and entrust to A., the said A. being the factor and agent of and for the said B., to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, [divers, to wit, &c.] [a certain bill of lading,] or, [a certain order for the delivery of goods, to wit, &c.,] [here set out the property entrusted and deposited,] [for the purpose of selling the same,] (this is where goods are the subjects of the trust,) and that the said A., late of the parish of - in the county aforesaid, so being such factor and agent as aforesaid, [if goods were entrusted say] well knowing that the said [goods] were delivered to him for the purpose of sale as aforesaid, but not regarding his duty in that behalf, afterwards, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, with force and arms, and in violation of good faith, did wilfully and unlawfully deposit and pledge the said [goods] with one C., as a security for [a certain large sum of money, to wit,
-] or, [a certain bill of exchange, &c.,) which the said A. at the time of his making the said deposit and pledge borrowed and received of and from the said c., to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, [or as the case may be,] which the said A. [before the making of the said deposit and pledge, borrowed,
the sum of
Factor. &c.,] [or,) which the said A. thereafter, that is to say, after the
making of the said deposit and pledge, intended to borrow and 7&8G.4, c. 29. receive, &c.,) against the form of the statute in that case made
and provided, and against the peace of our lord the King, his crown and dignity.
Second count: And the jurors aforesaid, upon their oath aforesaid, do further present, that the said B., afterwards, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, did entrust to the said A., the said A. being a factor and agent, to wit, on, &c., at, &c. aforesaid, [divers other goods,] (describe them) for the purpose of selling the same, and that the said A. so being such factor and agent as last aforesaid, &c. (proceed as with first count.]
Evidence. Here we find the trust reposed in the factor, his misconduct, and the consideration received by that misconduct. It must be shown, therefore, that A., was the factor or agent, as described in the respective counts of the indictment; that B. entrusted him with the property there mentioned ; and, that instead of selling it, he pledged and received money, &c. upon the credit of such property, or intended so to receive money. It must also appear that he acted without authority from his principal. Upon the part of the prisoner, it may be shown, that he had a lien to the extent of the sum or other security borrowed upon the goods, and this will be a sufficient excuse. So again, he may show, that he has previously to the indictment, disclosed the act which he did, on oath, by virtue of some compulsory process in a court of law or equity, in an action by the party aggrieved, or before commissioners of bankrupt during some examination, or in some deposition.
3 Geo. 4, c. 114, as to false pretences, repealed by 7 & 8.
LARCENY Act. 7 & 8 G.4,c.29.
7 & 8 Geo. 4, c. 29. Obtaining mo- Sect. LIII. And whereas a failure of justice frequently
arises, from the subtle distinction between larceny and fraud; false pretences, for remedy thereof be it enacted, That if any person shall by a misdemeanor.
ney, &c. by
any false pretence obtain from any other person any chattel, False pretences. money or valuable security, with intent to cheat or defraud any person of the same, every such offender shall be guilty of 7 & 86.4, c. 29. a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment, by fine or imprisonment, or by both, as the court shall award : Provided always, that if upon the trial of any person No acquittal on indicted for such misdemeanor it shall be proved that he ob- the ground that
the case proved tained the property in question in any such manner as to amount in law to larceny, he shall not by reason thereof be larceny. entitled to be acquitted of such misdemeanor; and no such indictment shall be removable by certiorari; and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for larceny upon the same facts.
Note.-See Russ. & Ry. 81. 127. 190. 461. 504.
Indictment for obtaining Money or Goods under False
Pretences. Wiltshire,] The jurors for our lord the King upon their oath to wit. Spresent, that A. late of the parish of in the
· labourer, on, &c. with force and arms at the parish aforesaid, in the county aforesaid, did unlawfully, knowingly, designedly and falsely pretend to one B. that [here set out the false pretence. False pretences are so numerous, and vary so much, that it is hardly safe to adopt any given precedent.] by which said false [pretence] or pretences the said A. did then and there, to wit, on, &c, at, &c. knowingly and designedly obtain from the said B. a large sum of money, to wit (or goods, if such were the case] of the money of the said B, with intent then and there to defraud the said B. of the same, whereas in truth and in fact [here the false pretence or pretences must be negatived]; to the great damage of the said B., against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity *.
Set out the pretences in other counts, so as to be quite accurate,
Eridence. You must give evidence of the false pretence or pretences, 7 & 8 G.4, c. 29. as laid in the counts of the indictment, but this is not suffi
cient, for it must appear that the prisoner obtained the money
1. The false pretence.
3. The falsity of it.
CRIMINAL JUSTICE Act. 7 & 8G.4,c.28.
7 & 8 Geo. 4, c. 28. What felonies Sect. VII. And be it enacted, That no person convicted only shall be
of felony shall suffer death, unless it be for some felony which capital.
was excluded from the benefit of clergy before or on the first day of the present session of parliament, or which hath been or shall be made punishable with death by some statute
passed after that day. Felonies not Sect. VIII. And be it enacted, That every person convicted capital punish- of any felony, not punishable with death, shall be punished ** able under the Acts, if any, re
in the manner prescribed by the statute or statutes specially lating thereto; relating to such felony; and that every person convicted of otherwise un
any felony, for which no punishment hath been or hereafter der this Act.
may be specially provided, shall be deemed to be punishable under this Act, and shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice or thrice publicly or privately whipped (if the court shall so think fit) in addition
to such imprisonment. The court may
Sect. IX. And, with regard to the place and mode of imorder hard la- prisonment for all offences punishable under this Act, be it bour or solitary enacted, That where any person shall be convicted of any
offence punishable under this Act, for which imprisonment
Felony. may be awarded, it shall be lawful for the court to sentence
7 & 8G.4,c. 28. the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction, and confinement as also to direct that the offender shall be kept in solitary part of the sen
tence of impriconfinement for the whole or any portion or portions of such
Malicious INJURIES Act.
7 & 8 G.4, c.30. Sect. XXVII. And be it enacted, That where any person The court may, shall be convicted of any indictable offence punishable under for all offences this Act, for which imprisonment may be awarded, it shall be within this Act, lawful for the court to sentence the offender to be imprisoned, order hard la
bour or solitary or to be imprisoned and kept to hard labour, in the common
confinement. gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet.
Note.-The benefit of clergy being abolished, these sections point out the felonies which are now capital, and those which are mere simple felonies.
CRIMINAL JUSTICE Act.
7&8G. 4, c.61. Sect. VII. And whereas divers statutes, taking away the benefit of clergy, or creating felonies without benefit of clergy, have omitted to take away the benefit of clergy under certain eircumstances consequent upon the indictment of the offender: And whereas a partial remedy for such defects was supplied by an Act passed in the third year of the reign of King William and Queen Mary, intituled, “ An Act to take away 3 W. & M. c. clergy from some offenders, and to bring other to punishment,” s. 2. whereby it was enacted, that if any person should be in. dicted of any offence for which, by virtue of any former statute, such person was excluded from the benefit of clergy,