Collectors

&c. of reve. nue, giving false statements of

money entrusted to them.

Embezzle

ment by pub. lic officers, felony.

SECTION 7.

Embezzlement of Public Money and Stores.

50 Geo. 3, c. 59, s. 1.-Whereas it is most expedient that due provision should be made more effectually to prevent the embezzlement of money or securities for money belonging to the publick by any collector, receiver, or other officer entrusted with the receipt, custody, or management thereof; be it &c. (a) 2. That if any such officer, collector, or receiver, so entrusted with the receipt, custody, or management of any part of the publick revenues, shall knowingly furnish false statements or returns of the sums of money collected by him or entrusted to his care, or of the balances of money in his hands or under his control; such officer, collector, or receiver so offending, and being thereof convicted, shall be adjudged guilty of a misdemeanor, and shall be adjudged to suffer the punishment of fine and imprisonment, at the discretion of the court, and be rendered for ever incapable of holding or enjoying any office under the crown.

2 Will. 4, c. 4, s. 1. [Recites the act 50 Geo. 3, c. 59, s. 1,] and whereas it is expedient that further provision should be made with regard to embezzlements by persons employed in the public service of his majesty be it therefore &c., that so much of the said act as is hereinbefore recited shall be and the same is hereby repealed, except as to any offences against the same committed before the passing of this act, which offences shall be dealt with and punished as if this act had not been passed; and that from and after the passing of this act, if any person employed in the public service of his majesty, and entrusted by virtue of such employment with the receipt, custody, management, or control of any chattel, money, or valu able security, shall embezzle the same or any part thereof, or in any manner fraudulently apply or dispose of the same or any part thereof to his own use or benefit, or for any purpose whatsoever except for the public service; every such offender shall be deemed to have stolen the same, and shall in England and Ireland be deemed guilty of felony, and in Scotland, of a high crime and offence; and on being thereof convicted in due form of law shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen

(a) This section enacted that if any person, to whom money should be issued for public service, should embezzle or misapply it, he should be adjudged guilty of a transportable misdemeanor. It has been repealed by the 2 Will. 4, c. 4.

years nor less than seven years, or to be imprisoned with or 2 W. 4, c. 4. without hard labour, as to the court shall seem meet, for any term

not exceeding three years.

its meaning.

2. That every tally, order, or other security whatsoever en- " Valuable titling or evidencing the title of any person or body corporate security," to any share or interest in any public stock or fund, whether of the united kingdom, or of Great Britain, or of Ireland, or of any foreign state, or to any share or interest in any fund of any body corporate, company, or society, or to any deposit in any savings bank, and every debenture, deed, bond, bill, note, warrant, order, or other security whatsoever for money, or for payment of money, whether of this kingdom or of any foreign state, and every warrant or order for the delivery or transfer of any goods or valuable thing, shall throughout this act be deemed for every purpose to be included under, and denoted by the words "valuable security :" and that if any person so employed and entrusted as aforesaid, shall embezzle or fraudulently apply or dispose of any such valuable security as aforesaid, he shall be deemed to have stolen the same within the intent and meaning of this act, and shall be punishable thereby in the same manner as if he had stolen any chattel of like value with the share, interest, or deposit to which such security may relate, or with the money due on such security, or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing mentioned in such security.

and amount

3. That it shall be lawful to charge in the indictment to be Form of the preferred against any offender under this act, and to proceed indictment, against him for any number of distinct acts of embezzlement, of proof. or of fraudulent application or disposition as aforesaid, not exceeding three, which may have been committed by him within the space of six calendar months from the first to the last of such acts; and in every such indictment, where the offence shall relate to any money or any valuable security, it shall be sufficient to allege the embezzlement or fraudulent application or disposition to be of money, without specifying any particular coin or valuable security; and such allegation, so far as it regards the description of the property, shall be sustained, if the offender shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved, or if he shall be proved to have embezzled any piece of coin, or any valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, and although such part shall have been returned accordingly.

4. That in every such case of embezzlement or fraudulent Property to application or disposition as aforesaid of any chattel, money, or be laid in his majesty. valuable security, it shall be lawful, in the order of committal by the justice of the peace before whom the offender shall be

2 W. 4, c. 4. charged, and in the indictment to be preferred against such offender, to lay the property of any such chattel, money, or valuable security as aforesaid in the king's majesty.

Venue of offences.

So much of the recited

acts, as re

lates to the naval, ord.

nance, and victualling stores, extended to Ireland.

5. That every offender against this act may be dealt with, indicted, tried, and punished either in the county or place in which he shall be apprehended, or in the county or place where he shall have committed the offence.

52 Geo. 3, c. 12, s. 1. [Recites the English acts, 22 Car. 2, c. 5, (a); 9 & 10 Will. 3, c. 41; 9 Geo. 1, c. 8; 17 Geo. 2, c. 40, & 39 & 40. Geo. 3, c. 89.] And whereas it is expedient that the several recited acts of parliament, so far as the same severally relate to his majesty's naval, ordnance, and victualling stores, therein respectively mentioned, should be extended to, and be in such and the same force in Ireland, as the same respectively now are in England; be it therefore, &c. that, from and after the passing of this act, all and every the said recited acts of parliament, so far as the same severally relate to his majesty's naval, ordnance, and victualling stores, therein respectively mentioned, and every clause, matter and thing therein respectively contained relating to his majesty's naval, ordnance, and victualling stores, shall extend to and be of such and the same force in Ireland, so far as the same are or may be capable of being applied to Ireland, as the same respectively now are in England, as fully and effectually, to all intents and purposes, as if the said several recited acts of parliament, and the several clauses, matters, and things therein respectively contained relating to his majesty's naval, ordnance, and victualling stores, and as the same respectively now are in force in England, were herein and hereby repeated and re-enacted for that part of the united kingdom called Ireland; and that all and every persons and person who shall commit in Ireland any offence or offences against all or any of the said recited acts of parliament, so far as the same severally relate to his majesty's naval, ordnance, or victualling stores, and shall be thereof lawfully convicted, shall be subject and liable to such and the same pains, penalties, forfeitures, and disabilities as such persons and person would, by the said several recited acts of parliament, or any of them, have been subject and liable to, in case such offence or offences had been committed within that part of the united kingdom called England.

Justices 2. That all and every persons and person who shall be ac(with naval cused in Ireland of any offence or misdemeanor against the storekeeper's consent) may said recited act of the thirty-ninth and fortieth years of the reign convict sum- of his present majesty, for which, when committed in England,

(a) So much of this act of the 52 Geo. 3, as relates to the above act of the 22 Car. 2, is repealed by the act 9 Geo. 4, c. 53, save as to offences committed, and punishments awarded before or upon the 31st of August,

a summary mode of trial and conviction is by the said act estab- 52 G. 3, c. 12. lished, may be tried in the same summary manner before any justice of the peace for any county, division, city, town corpo- 39 & 40 Geo. marily under rate, liberty, or place in Ireland, within which any such offence 3, as in Engor misdemeanor shall be committed, provided that no such land. summary proceeding shall be had before any such justice of the peace, without consent in writing of his majesty's naval storekeeper for the time being, at any port in Ireland.

made with

for his use.

9 & 10 Will. 3, c. 41, s. 1, Eng.-Whereas, notwithstanding divers good laws made and enacted for the preventing of the stealing and imbezlement of his majesty's stores of war and naval stores, those frauds, thefts, and imbezlements are frequently practised, and the conviction of such offenders is rendered difficult and impracticable, by reason it rarely happens that direct proof can be made of such offender's immediate taking, imbezling, or carrying away any of his majesty's said stores of war and naval stores, out of or from his majesty's storehouses, docks, yards, ships, ordnance, or other places for keeping and preserving the same, but only that such goods are marked with the king's mark, and found in the custody and possession of the said person accused for stealing or imbezling the same, to the great encouragement of such wicked offenders, and to his majesty's and the kingdom's great damage; for preventing such imbezlements for the future, and for the more effectual execution of the laws and statutes already in force against such imbezlements and thefts; be it therefore enacted No warlike &c., that from and after the 24th day of June, (1698,) it shall stores to be not be lawful to or for any person or persons whatsoever, other the king's than persons authorized by contracting with his majesty's princi- mark, except pal officers or commissioners of the navy, ordnance, or victualling office, for his majesty's use, to mark any stores of war or naval stores whatsoever, with the marks usually used to and marked upon his majesty's said warlike and naval or ordnance stores; that is to say, any cordage of three inches and upwards, wrought with a white thread laid the contrary way, or any smaller cordage, to wit, from three inches downwards, with a twine in lieu of a white thread, laid to the contrary way as 'aforesaid, or any canvass wrought or unwrought, with a blue streak in the middle, or any other stores with the broad arrow, by stamp, brand, or otherwise, upon pain that every such person or persons, who shall make such goods so marked as aforesaid, not being a contractor with his majesty's principal officers or commissioners of the navy, ordnance, or victuallers, for his majesty's use, or employed by such contractor for that purpose as aforesaid, shall for every such offence forfeit such goods, and the sum of two hundred pounds together with costs of suit; one moiety whereof shall be to his majesty, and the other moiety to the informer, to be recovered by action of debt, bill, plaint, or information in any of his majesty's courts of record at Westminster, wherein no essoin, privilege, protection, wager of law,

9 & 10 W. 3 injunction, or order of restraint, nor more than one imparlance shall be allowed.

c. 41.

session.

2. That such person or persons, in whose custody, possession, Unlawfully having or keeping, such goods or stores marked as aforesaid shall be stores in pos. found, not being employed as aforesaid, and such person or persons who shall conceal such goods or stores marked as aforesaid, being indicted and convicted of such concealment, or of the having such goods found in his custody, possession, or keeping, shall forfeit such goods and the sum of two hundred pounds, together with the costs of prosecution, one moiety to his majesty, and the other moiety to the informer, to be recovered as aforesaid, and shall also suffer imprisonment until payment and performance of the said forfeiture, unless such person shall, upon his trial, produce a certificate under the hand of three or more of his majesty's principal officers or commissioners of the navy, ordnance, or victuallers, expressing then umbers, quantities, or weights of such goods, as he or she shall then be indicted for, and the occasion and reason of such goods coming to his or her hands or possession.

Stores may be bought

4. Provided also, and be it further &c. that the said prinand sold, if a cipal officers or commissioners of the navy, ordnance, or victualcertificate be ling office for the time being, may sell and dispose of any of the given of such stores aforesaid, so marked as aforesaid, as they did or might

sale.

Not to prevent the lending of stores to ves

sels in distress.

have done before the making of this act; and that such person or persons as heretofore have or shall hereafter buy any such stores, or other stores so marked as aforesaid, of the said principal officers or commanders, or by their order, may keep and enjoy the same, without incurring the penalty of this act or any law to the contrary whatsoever, upon producing a certificate or certificates under the hand and seal of three or more of the said principal officers or commissioners of the navy, ordnance, or victualling office, that they bought such goods from them the said principal officers or commissioners, or from such person or persons as did buy the said stores from the said principal officers or commissioners at any time before such stores were found in their custody; in which certificate or certificates the quantities of such stores shall be expressed, and the time when and where bought of the said commissioners, who, or any three or more of them for the time being, are hereby empowered and directed from time to time to give to such person or persons who shall desire the same, and have bought and shall hereafter buy any of the aforesaid stores, within thirty days after the sale and delivery of the said stores so sold or to be sold as aforesaid.

8. Provided always, and be it further enacted by the authority aforesaid, that nothing in this act contained shall be construed to hinder any the principal officers and commissioners of the navy, or any chief commander of any of his majesty's ships at sea, to lend any of his majesty's stores to any merchant ship or vessel in distress or otherwise, as might lawfully be done before the making of this act, in case such goods so lent be restored