Embezzling records.

to be forwarded by the post, and receive any money there. with for the postage thereof, shall burn or otherwise destroy, 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 PLACES.]-Formerly, one of the greatest obstructions to public justice, both of the civil and criminal kind, was the multitude of pretended privileged places, where indigent persons assembled together to shelter themselves from justice, especially in 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 Will. 3. c. 27. 9 Geo. 1. c. 28. 11 Geo. 1. c. 22. 4 Black. Com. 129.

RECORDS.]-BY 8 Hen. 6. c. 12. If any record, writ, return, panel, process, or warrant of attorney, in the chancery, exchequer, the one bench or the other, or in the treasury, be willingly stolen, withdrawn or avoided, by any clerk or other person, because whereof any judgment shall be reversed, such stealer, &c. their procurators, counsellors, and abettors,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 Inst. 71. 1 Hale's Hist. 646.

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

But it seems that at common law, the embezzling, defacing, or al tering any record without due authority, was a great offence, for which even a judge himself was punishable by fine and imprisonment; for m the reign of Ed. 1. Hengham, a judge, was fined 800 marks for razing a fine of 13s. 4d. set on a poor man, and making it 6s. 8d. and it is par ticularly provided by 8 Ric. 2. c. 4, that "Judges as well as clerks are to

Because whereof any judgment shall be reversed.] Not only such an alteration, whereby a judgment is actually reversed, but also such whereby it is reversible, is within this act; for these words import no more than if it were said, whereby any judgment shall be annulled, or lose its force or effect. 1 lack.

c. 45. s. 5.

Their procurators, counsellors, and abettors.] The making those who are accessary before the fact principal felons, does not mean any way to favour those who are accessary after, but to leave them to the general construction of the law. 1 Hawk.

c. 45. s. 7.

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

c. 45. s. 8.

ROGUES.--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. s. 9. See title VAGRANTS.

harbour.

RYE HARBOUR.]-By 18 Geo. 3. c. 32, If any person shall Damaging Ryo wilfully break, throw down, damage or destroy, any dams, sluices, or other works erected, or to be erected for the securi ty of the harbour of 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 think it, award sentence as in cases of petit larceny.

"

"

pay a fine to the king, and make satisfaction to the party for falsly entering pleas or razing rolls, or changing verdicts to the disherson of any one"-they are also highly punishable at common law, for offences of the like nature, as for inserting a bill of indictment not found by the jury, among those which were found, and such like. 3 Inst. 72. 1 Hate, 646. 1 Hawk. c. 45 s. 4.

And if the offence be committed in London, they shall have a commission, in which the mayor shall be omitted, for the charters of the city which require that he shall be a principal in every commission, extend not to such causes which are specially limited to particular judges. 1 Hawk, c. 43. §. 8.

Breach of trust by servants.

SEAMEN.]-By 33 Geo. 3. c. 67, (made perpetual by 41 Geo. 3. sess. 2. c. 47. s. 4.) If any seamen, keelmen, casters, ship. carpenters, or other persons riotously assembled together to the number of three, shall forcibly hinder the loading or unIcading or sailing of any ship, keel, or other vessel, or shall board the same for that purpose, or shall forcibly prevent others from working, or assault them with an intent to hinder them: every such offender (having been before convicted of a like of. fence under this act as for a misdemeanor) shall, being thereof again convicted upon an indictment, be adjudged guilty of fe. Jony, and transported for not more than fourteen nor less than seven 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.

But if he shall destroy or damage the same (otherwise than by fire) he shall be guilty of felony and transported for not excceding fourteen years nor less than seven. s. 6.

But the offenders are to be prosecuted within twelve calendar months. s. S.

SEDITION.]--Persons who shall by writing, printing, preach. ing, or other speaking, invite the people to hatred, or con. tempt of his majesty, or 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 years, and if they return before the expiration of the term they are to suffer death, without benefit of clergy.

SERVANTS. By 21 Hen. 8. c. 7, made perpetual by 5 Eliz. c. 10, If a servant (being of the age of eighteen years, and not apprentice), shall have a casket, jewel, or money, or goods 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, to 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, embezzle the same, or any part 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 40s. s. 1, 2.

If a servant.] It has been holder, that this extends only to such as were servants to the owner of the goods, both at the time when they were delivered, and also at the time when they were stolen. 1 Hale, 667, 668. 1 Hawk. c. 33. s. 12. A casket, jewel, or money, or goods or chuttels.] Under these

words, it cannot extend to the taking away of an obligation, or any other bure chose in action. Dyer, 5.

Delivered to him by the master.] A servant who receives his master's goods from his master's wife, or another servant to keep for the master, is as much guilty as if he had received them from the master's own hands, becanse such a delivery is looked upon as a delivery by the master. 1 Hale, 668. 1 Hack.

c. 33. s. 13.

To keep.] From these words, it has been holden to be strictly confined to such goods as are delivered to keep, and therefore that a servant who receives his master's reats, and runs away with them; or being intrusted to sell goods, or to receive money due on a bond, sells the goods, or receives the money and departs therewith, is not within the statute, because he had not the money of the delivery of his master. 3 Ins. 105. Dalton, c. 102. 1 Hale's Hist. 668.

But a servant may be guilty of felony at common law, if he take the goods of his master felonious, even though they be gools under his charge, as a shepherd, butler, or like person, and for this he may be indicted at this day as a felon at common law, and of this felony at common law an apprentice or servant under the age of eighteen years may be guilty, and indicted at common law. 1 Hale's Hist. 667.

And therefore, though the above statute of 21 Hen. 8, ex. empt an apprentice or servant under the age of eighteen years, from the pain of felony enacted de novo by this statute, name ly, where goods are delivered to him, yet it leaves him in the same condition, as to any felony at common law, as if he were not excepted; and therefore if a butler or shepherd under the aze of eighteen years, or an apprentice, take away goods fe loniously without actual delivery, though they are under the value of 40s. he is indictable of felony at common law. 1 Hale's Hist. 668.

To the intent to steal the same.] Therefore it includes not the wasting or consuming of goods, howsoever wilful it may be. 1 Hack c. 31. s 14.

Or otherwise convert the same to his own use.] Therefore if the master deliver to the servant 201. in silver to change it into gold at the goldsmith's, or leather to make shoes, and he run away with the gold or shoes, it is felony. Cromp. Jus. 35. b. 1 Hale's Hist. 668.

Or if a servant make a suit of cloaths of cloth, or a pair of shoes of leather, delivered to him by the master, and then run away with them, he is within the statute, because the property is no way altere!. 1 Hawk. c. 93. s. 15.

Shall be guilty of felony Taat is, within clergy; but by

*It may not be improper in this place, to take notice of another stature,

Using stamps a second time.

12 Ann. stat. 1. c. 7. "whosoever shall feloniously steal to the "value of forty shillings or more, being in any dwelling house, 66 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. "tices 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, shail 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 adviser, procurer, aider, or abettor, shall be lia ble to be transported for not exceeding fourteen years, at the discretion of the court.

STAMPS.-By 12 Gco. 3. c. 48, If any person shall engross, or cause to be engrossed, either the whole or part of any writ, mandate, bond, affidavit, or other writing, in respect whereof any duty is payable on the whole, or part of any piece of vel Jum, parchment, or paper, whereon there shall have been be fore written any other matter, before the same shall have been again stamped; or shall erase or scrape out the name 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 into disuse: by which said statute, it is enacted, (after reciting that divers household servants had, after the death of their masters, violently and riotously taken and speiled the goods of their masters, and the same distributed among themselves), that after information thereof made to the chancellor by the executors of any such person, or two of them; the chancellor by the advice of the two chief justices, and chief baron, or two of them, may make out wriɛs to such sheriffs as be necessary, commanding them to make proclamation for the offenders to appear in the King's Bench, at such a day i whereupon, if they make default, they shall be attainted of felony; but if they appear they shall be committed or bailed, till they have answered the executors in such actions which they will declare against them for the riot, taking, and spoiling aforesaid. In effect therefore, though if the party də not appear he shall answer for the offence as felony; yet if he appear, he may be sued as for a trespass, and although executors are named, the statute extends to one executor if there be but one.

1 Hale, 515,