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to he forzcarded by the post, and receive any money there, tcith fcr the postage thereof, shall burn or othemise dt. stray, any letter or packet by him so received; or if he shall advance the rate of postage upon any letter or packet sent by the post, and shall secrete and not duly account for the money by him received for such advanced postage, he shall be deemed guilty of felony, s. 3.

Pretended Privileged PtACEs.]—Formerly, one of tic greatest obstructions to pubHc justice, both of the civil and criminal kind, was the multitude of pretended privileged places, ■where indigent persons assembled together to shelter thcmselres from justice, especially id London and Southwark, under the pretext of their having been ancient palaces of the crown or the like: all of which sanctuaries for iniquity are now demolished, and the opposing the execution of any process therein is made felony and transportation by the stats; 8 & 9 Witt. 3. c. 27. 9 Geo. 1. c. 28. 11 Geo. 1. c. 22. 4 Black. Com. 129.

T.nib'.'zling Records.]—By 8 lien. 6. c. 12. If any record, writ, return,

record*, panel, process, or warrant of attorney, in the chancery, ex

chequer, the one bench or the other, or in the treasury, be willingly stolen, withdrawn or avoided, by any clerk or other person, because whereof any judgment shall be reversed, such stealer, &c. their procurators, counsellors, and abettors, thereof indicted and convict by confession, or by inquest of lawful 'men (whereof the one half shall be of the men of the same courts) shall be judged felons; and the judges of the said courts, of the one bench or of the other, have power to hear and determine such defaults, s. 3.

In the Chancery.'] This statute extends only to the courts expressly named: and to the court of chancery, so far only as it proceeds according to the course of the common law.. 3 lint. 71. 1 Hale's Hist. 646.

By any clerk.'] It extends not to such offences by the judge* of any court; for it beginning with expressly naming clerks, which are inferior to diem, it shall uot be intended to include them*. 3 Inst. 72.

• But it seems that at common law, the embezzling, defacing, or altering any record without due authority, was a ureal, lor which even a judge hiniself was punishable by fine and imprisonment; lor m the reign of Ed. 1. Uengham, a judge, was fined 000 marks for razing * fine of 13j. id. set on a poor man, and making it 6s. 3d. and it is p-"Ueulurly provided by « Hie. 2. c. i, thai "Judges us well a» clerks art «

Because whereof any judgment >hall be reversed."] Not only such an alteration, whereby a judgment is actually reversed, but also such whereby it is rcTcrsible, is within this act; f«*t these words import no more than if it were said, whereby any judgment shall be annulled, or lose its force or effect. 1 llaisk, c. 43. *. 5.

Their procurators, counsellors, and abettor*."] The making (hose who are accessary before the fact principal felon's, doe* not mean any way to favour those who are accessary after, but to leave them to the general construction of the law. 1 ilazsk. c. 45. s. 7.

Thereof indicted and convict.] If the offence be committed partly in one county, and partly in another, but not so * to amount to a complete offence within the statute in either; the party cannot be indicted for a felony, because the counties can. not join in an indictment, and that which is done in one cannot be found in another; but he may be iudicted for a misprision in either county. 1 Hank. c. 45. s. 6.

And the judges of the said courts of the one bench or the other.] These judges have herein an exclusive jurisdiction*, audit the committed in the county where the benches sit, they need no other commission; but if it be done in another county they must have a special commission. 1 liuxek. c. 45. *. 8.'

Rocues."| — If any incorrigible rogue shall break or escape from the house of correction, or shall offend again in like manner, he shall be transported for seven years. 17 Geo. 2. c. 5. i. 9. See title Vagrants.

Rye Harbour.]—By 18 Geo. 3. r. 32, If anyperson shall DamagingRy» wilfully break, t.row down, damage or destroy, any dams, >""'QUUfsluices, or other works erected, or to be erected for the security of the harbour ot Rye., such person shall be guilty of felony; and the court shall have power to punish as other felons are to be punished, or may if they thiuk lit, award sentence us in, cases of petit larceny.

"pay a fine to the fcintf, and make satisfaction to the party fur fairly "entering pleas or razing rolls, or changing verdicts to the disherison of "any one"—they aro also highly punishable at common !a*.v, for otlences of the like nature, as tor inserting a bill of indictment nit found by the jury, among ihose which were found, and such like. 3 Inst. 72. 1 Hate, 646. 1 Moii-i. r. 45 J. 4.

* And if the offence he committed in London, they shall have a commission, in which the mayor ahull be omitted, tor the charters of the oty •thieli require that he shall he u principal in every commission, extend not to such causes which are specially limited to particular judges. 1 Iltixci. f. »o. ». 8.

Seamfn.]By 33 Geo. 3. c. 07, (made perpetual by 41 Geo. 3. sess. 2. c. 47. f. 4.) If any seamen, kcermen, casters, ship. carpenters, or other persons riotously assembled together (o the number of three, shall forcibly hinder the loading or int. loading or sailing of any ship, keel, or other vessel, or shall hoard the same for that purpose, or shall forcibly prevent other; from working, or assault them with an intent to hinder them: crery such offender {having been before convicted of a like of. fence under this act as for a misdemeanor) shall, being thereof ngairt convicted upon an indictment, be adjudged guilty of fe. lony, and transported lor not wore than fourteen nor less tliifl sewn years, s. 3.

And if any such persons shall burn or set fire to any ship, keel, or vessel," he shall be guilty of felony without clergy, s. 4.

I l$nt if he shall destroy or damage the same (otherwise than by fire) he shall be guilty of felony and transported for not exceeding fourteen years nor less than seven, s. 6.

But the offenders arc to be prosecuted within twelve calendar mouths, s. S.

Sidition.]—Persons who shall by writing, printing, preath. ing, or other speaking, invite the people to hatred, or con. tempt of Lis majesty, cr the government or constitution of the realm, being convicted thereof a second time, may be punished as for a high misdemeanor, or banished or transported for seven jrais, and if they return before the expiration of the term tier are to sutler death, without benefit of clergy.

B"«&of '">« Sfrvaxts.]— By 21 Hen. 8. c. 7, made perpetual by 5 Elii. "** c. 10, If a servant (bring of the age of eighteen years, and net

apprentice), shall have a casket, jewel, or money, or good* or chattels of the. master, delivered to him by the master to keep, and such servant withdraw himself from the master, and go away with such casket, jewel, money, goods, or chattels, ro the intent to steal the same, and defraud the master thereof, contrary to the trust and confidence in him -put, by his master; or else being in the service of his said master, without assent or commandment of his master, embi-z/,Ie the same, or an) pure thereof, or otherwise convert the same to his own use, with like purpose to steal it, he shall be guilty of felony, if it be of the value of 40.<. .«. 1, 2.

If a servant."] It has been holder., that this extends only

to such as were sen ants to the owner of the goods, buitt

id the time when they weie delivered, and also at the time when

they were stolen, 1 llzk, 067, 608. 1 Harck. c. 33. *. 12.

_^ . Acasket} jeuelt or monej/t or goods or chultelt.] Under these vonfa, it cannot extend to llic taking away of an obligation, or any of her bare rho'e in action. Dyer, 5.

Delivered to him by the mri«trr.~\ \ servant who receives his meter's goods fro:n his master's wife, or another servant to keep for the master, is as much guilty as If he had recoivsd then from the master's own lianas, became such a delivery is >

looked upon as a delivery by tlio master. 1 Hale, GG3. 1 Ilaxk. c.33. s. 13.

To kcep.~\ From these words, it has been holden to be strictly confined to such goods as arc delivered to keep, and therefore lliat a servant who receives liis master's routs, and runs away fi;h (hern; or being intrusted to sell goods, or to receive money !?:!? on a bond, sells the goods, or receives the money and defarts therewith, is not within the statute, because ho had not the money of the delivery of his mister. 3 Ins. 105. Dallun, c. 102 \ Hale's Hist. 60S.

But a servant may be guilty of felony at common law, if ho 'ake the goods of his master Moniousl;, even though they be goods under his charge*, as a shepherd, butler, or like person, aid for this he may be indicted at this day as a felon at common lav, an:l of fh's felony at common law an apprentice or servant ontler t!i<? age of eighteen years may be guilty, and indicted at common law. I Hale's Hist. 067.

And therefore, though the above statute of 21 Hon. 8, ex. empt an apprentice or servant under the age of eighteen years , frora the pain of felony enacted tit woo by this statute, nameC ly, vhere gootts are delivered to him, yet it leaves him in the H-r\r condition, as to any felony at common law, as if he Wcm nut excepted; and therefore if a butler or shepherd under t'ie K- of eighteen year?, or an apprentice, take away goods feloniously without actual delivery, though they aro under the Tilueof 40f. he is indictable of felony at common law. 1 Hale's //<•/. G08.

To the intent to steal the ritirr.~\ Therefore it inrl ides not the waiting or consuming of goods, howsoever wilful ilmny be. 1 fftofr c.3!.ill.

Or otherwise convert the ^amc to his az;nuse.~\ Therefore ff the master deliver to the servant 2()/. in silver to change it into told at the goldsmith's, or leather to make shoes, and he rim away with the gold or shoes, it is felony. Cromp. Jus. 35. b. 1 Utile's Hist. COS.

Or if a servant make a suit of cloatlis of cloth, or a pair of of leather, delivered to him by the master, and then run away with thorn, he is within the statute, because the property is nil way altered. 1 lltnck: c. "it. s. I .r>.

Shall be guillif of Jelonij'.'^ Ti;,u is, within clergy; but by

* I: any not uc improper \:\ lliit plate, to li.Ve notice ul another jla'utS,

12 Ann. slat. 1. c. 7. "■whosoever shall feloniously steal to the ** Taliie of forty shillings or more, being in any dwelling house, "or out-house thereto belonging, -although such house be not "broken, and although any person be or be not in such "house, or shall assist or aid therein, shall be debarred from "benefit of clergy; but this act shall not extend to appren. "tiecs under the age of fifteen years, who shall rob their "masters." s. 1,2.

And by 39 Geo. 3. c. 85, If any servant or clerk, or any person employed for the purpose, in the capacity of a servant or clerk to any person whomsoever, or to any body corporate or politic, snail by virtue of such employment receive or take into his possession any money, goods, bond, bill, note, banker's draft, or other valuable security, or effects, for or in the name or on the account of his master or employer, and shall fraudulently embezzle, secrete, or make away with the same, or any part thereof, every such offender shall be deemed to have feloniously stolen the same from his master or employer, and every such offender, his advisor, procurer, aider, or abettor, shall be liable to be transported for not exceeding fourteen years, at the discretion of the court.

Using stamps a Stamps.]—By 12 Geo. 3. c. 48, If any person shall engross, »ecoiid time. or fause (0 be engrossed, either the whole or part of any writ, mandate, bond, atlidavit, or other writing, in respect whereof any duty is payable on the whole, or part of any piece of vellum, parchment, or paper, whereon there shall have been before written any other matter, before the same shall have been again stamped; or shall erase or scrape out the nam* of any person, or any sum, date, or other thing; or cut, tear, or get off any stamp from any piece of vellum, parchment, paper, playing cards, outside paper of any parcel or pack of playing

viz. 33 Hen. 6 c. 1, concerning embezzlements by servants, on the decease of their masters, although such statute seems to have fallen iulo disuse: by which said statute, it is enacted, (after reciting that divers h.niKhoid servants had, after the death of their masters, violently and riotously ttlen and spoiled the goods of their masters, and the same distributed am»"g themselves), that after information there..f made to the chancellor by the executors of any such perstli, or two of them; the chancellor by the advice of the two cl.icf justices, and chief baron, or two of them, may nuke out writs to such shiritt's as be necessary, commanding them to make proclamation fi.r the offenders to appear in the King's Bench, at such a day i ■whereupon, if they make default, iheij shall le attainted of felony; hut it they appcaribev shall be'committed or bulled, till they have answered toe executors in such actions which they will declare against them for the not, taking,, and spoiling aforesaid. In effect therefore, though if the parly it not appear he shall answer for the offence as felony; yet if he appear, « may be sued us for a tres/mss, and although executors are naiwd. the statute extends to one executor if there b» but one. 1 H'k, »li'

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