requisite. Possession extends to those things under our control, or under the control of our servants, and even further. Property is the right to that possession with an ability to exercise that right. In larceny the owner is deprived of his property in the thing taken. Embezzlement then is the fraudulent misapplication by clerk or servant of any chattel, &c., received by him for his master-and, in the words of the section "he shall be deemed to have stolen the same." It is clearly settled that a prisoner, by making an admission in his accounts that he has received the money, does not thereby necessarily free himself from the charge of embezzlement, if there be other circumstances from which the jury may infer that the money was fraudulently appropriated. R. V. Lister, Dears, & B. C. C. 118, Roscoe, 421. Employment.-Where a servant who was not authorized to receive money was standing near a desk in his master's counting-house, and a person who owed money to the master paid it to the servant, who appropriated it, this was held to be no embezzlement, R. V. Hawker, 7 C. & P. 281. It is not however necessary that the servant should have been acting in the ordinary course of his employment when he received the money, provided that he was employed by his master to do so on that particular occasion. R. V. Smith, Russ. & Ry. 516. So although it may not have been part of the servant's duty to receive money in the capacity in which he was originally hired, yet if he has been in the habit of receiving money for his master, he is within the statute. R. V. Barker, Dow. & Ry., N. P. C. 19. For further readings and decisions see Roscoe and Archibald. R *Forcible Entry.-There seems now to be no doubt that a party may be guilty of a forcible entry, by violently and with force entering into that to which he has a legal title. Newton v. Harland, 1 M. & G. 644, 1 Russ. by Grea. 305, see Roscoe. Offence. Statute. Punishment. Extortion-continued. The unlawful taking of money or Common Law. Misdemeanor; fine and Every confinement of the person is an Common Law. Misdemeanor; fine and * In taking depositions for "False Pretences," it is important to give as nearly as possible the words used, which constitute the offence. But it is not always necessary that the false pretence should be in words; there may be a sufficient false pretence within the meaning of the Act, to be implied from the acts and conduct of the party, without any verbal representation of a false or fraudulent nature.-(Archbold, False Pretences, page 305.) In the proviso at the end of the above section, it will be seen that the attempt to obtain the property, with intent to defraud, is sufficient for the purposes of the indictment. |