belonging to that vessel. The offence of the defendant in Seaman. leaving B. behind, must then be shown.* SECURITIES, PUBLIC OR PRIVATE. Tallies, Orders, Debentures, Deeds, Bonds, Bills, Notes, The 2 Geo. 2, c. 25, s. 3, repealed by 7 & Geo. 4, c. 27. LARCENY ACT. 7 & 8 Geo. 4, c. 29. Securities, Public or Private. 7 & 8 G. 4, c. 29. or warrants for Sect. V. And be it enacted, That if any person shall steal Stealing public any tally, order or other security whatsoever, entitling or evi- or private securities for money, dencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of this king- goods, shall be dom, or of Great Britain or of Ireland, or of any foreign state, felony, and or in any fund of any body corporate, company, or society, punishable, according to the or to any deposit in any savings bank, or shall steal any decircumstances, benture, deed, bond, bill, note, warrant, order, or other secu- like stealing rity whatsoever for money or for payment of money, whether goods. of this kingdom or of any foreign state, or shall steal any warrant or order for the delivery or transfer of any goods or valuable thing, every such offender shall be deemed guilty of felony, of the same nature and in the same degree, and punishable in the same manner, as if he had stolen any chattel of like value with the share, interest or deposit to which the security so stolen may relate, or with the money due on the security so stolen or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing mentioned in the warrant or order; and each of the several docu. Rule of interpretation. * The offence of refusing to bring home such men as may be in a condition to undertake the homeward-bound voyage (which is the third offence mentioned in the statute, may be set forth in the same manner, and proved by similar evidence. Securities, Pub- ments hereinbefore enumerated shall throughout this Act be lic or Private. deemed for every purpose to be included under and denoted by the words "valuable security." 7 & 8 G.4,c.29. Note-See Leach, C. C. 1. Rex v. Hassell; 2 Leach, 774, Phipoe's Case; East, P. C. 601, Rex v. Cravan; S. C. Russ. & Ry. 14; Id. 602, Rex v. Milnes; Russ. & Ry. 181, Rex v. Clark; Id. 488, Rex v. Chard. Indictment for Larceny of Public and Private Securities. Hertfordshire, The jurors for our lord the King, upon their to wit. Joath present, that A. late of the parish of in the county of labourer, on, &c., with force and arms, at the parish aforesaid, in the county aforesaid, a certain [tally] [describe the security stolen] and one bill of exchange* for the payment of money, to wit, for the payment of pounds and shillings of lawful money, and of the value of [the same] of the goods and chattels, monies and property of one B. then and there found and being, the said sum of money payable and secured by the said bill of exchange, being then and there wholly unpaid and unsatisfied to the said B. the proprietor thereof, feloniously did steal, take and carry away, 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. Evidence. The prosecutor must prove a larceny of the security in question by the prisoner in the ordinary way, and care must be taken that the instrument produced in evidence may correspond with that set out in the indictment. SENTENCE OF DEATH. See DEATH. * A promissory note is described in the same manner. SERVANTS, CLERKS, &c.; LARCENIES AND EMBEZZLEMENT BY. The 33 Hen. 6, c. 1; 21 Hen. 8, c. 7; 5 Eliz. c. 10; 39 Geo. 3, c. 85; 3 Geo. 4, c. 38, repealed by 7 & 8 Geo. 4, c. 27. LARCENY ACT. 7 & 8 Geo. 4, c. 29. Servants, Clerks, &c.; Larcenies. and Embezzlement by. 7 & 8 G. 4, c. 29. their masters. Sect. XLVI. And, for the punishment of depredations com- Clerks and sermitted by clerks and servants in cases not punishable capitally, vants stealing be it enacted, That if any clerk or servant shall steal any chat- property of tel, money or valuable security belonging to or in the possession or power of his master, every such offender, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned for any term not exceeding three 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 imprison ment. on their master's account, and Sect. XLVII. And, for the punishment of embezzlements Clerks or sercommitted by clerks and servants, be it declared and enacted, vants receiving That if any clerk or servant, or any person employed for the any money, &c. purpose, or in the capacity of a clerk or servant, shall, by virtue of such employment, receive or take into his possession embezzling it, any chattel, money or valuable security, for or in the name or shall be deemed on the account of his master, and shall fraudulently embezzle to have feloniously stolen it. the same, or any part thereof, every such offender shall be deemed to have feloniously stolen the same from his master, although such chattel, money or security was not received into the possession of such master otherwise than by the actual possession of his clerk, servant or other person so employed; and every such offender, being convicted thereof, shall be liable, at the discretion of the court, to any of the punishments which the court may award as hereinbefore last-mentioned. Servants, Clerks, &c.; Larcenies and Embezzlement by. 7 & 8 G. 4, c. 29. Sect. XLVIII. And, for preventing the difficulties that have been experienced in the prosecution of the last-mentioned offenders, be it enacted, That it shall be lawful to charge in the indictment and proceed against the offender for any number of distinct acts of embezzlement not exceeding three, Distinct acts of which may have been committed by him against the same embezzlement master, within the space of six calendar months from the first may be charged to the last of such acts; and in every such indictment, exin the same in- cept where the offence shall relate to any chattel, it shall be dictment. sufficient to allege the embezzlement to be of money, without As to allegation specifying any particular coin or valuable security; and such and proof of the allegation, so far as regards the description of the property, property embezzled. 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 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 such part shall have been returned accordingly. Note.-See Russ. & Ry. 23. 56. 63. 89. 125. 145. 160. 198. 221. 267. 299. 303. 319. 335. 349. 402. 463.516. The new statute enables the prosecutor to charge three distinct acts of embezzlement by the same individual, provided they have been committed against the same master within six calendar months from the first to the last. Indictment against a Clerk or Servant for robbing his Master. Hertfordshire, The jurors for our lord the King upon their to wit. Joath present, that A. late of the parish of in the county of labourer, heretofore, to wit, on, &c. at the parish aforesaid, in the county aforesaid, was clerk [servant] to one B. and that the said A. being such clerk as aforesaid, afterwards, to wit, on the same day and year aforesaid, and whilst he was such clerk [servant] as aforesaid, divers, to wit, [nine bank notes] for the payment of divers sums of money, Servants, Clerks, &c.; Larcenies and Embezzlement by. amounting in the whole to a certain sum of money, to wit, the sum of ninety pounds of lawful money of Great Britain, and of the value of nine pounds of like lawful money*, of the goods, chattels, monies and property of the said B. his said master, then and there being found +, feloniously did steal, take and carry away, against the form of the statute in that case made 7&8 G. 4, c. 29. and provided, and against the peace of our said lord the King, his crown and dignity. Second Count: Common larceny. Here, as upon ordinary occasions, it becomes necessary to prove a larceny of the goods lost, together with the ownership or possession of them as alleged in the indictment; and it must further appear that the prisoner was the clerk or servant of B. as the case may be. But although the proof fail as to his being in the service of B. he may still be convicted under the second count. Indictment against a Clerk or Servant for Embezzlement. Hertfordshire, The jurors for our Lord the King upon their to wit. Joath present, that A. late of the parish of in the county of labourer, heretofore, to wit, on, &c. at the parish aforesaid, in the county aforesaid, was clerk to one B. [servant to one B.] [employed in the capacity of a clerk or servant to one B.] and that the said A. being such clerk [&c.] as aforesaid, afterwards, to wit, on the same day and year aforesaid, did, by virtue of his said employment as such clerk as aforesaid, and whilst he was employed as such clerk as aforesaid, receive and take into his possession for, in the name, and on the account of his said master, divers, to wit, nine bank notes [&c. see last precedent, and describe the property em See Stark. Crim. Pl. p. 455, note (m). + The statute has these words, " or in the possession or power of his master," which is deserving of attention, if the master have merely a possession of the goods. The indictment would then state the notes to be in the "possession and power of the said B." The county where the embezzlement was committed, or if that be not known, the county where the prisoner ought to have accounted for it. |