21 & 22 Geo. 3, c. 16,(a) s. 16. That if any officer or servant of the said company, being intrusted with any note, bill, dividend warrant, bond, deed, or any security, money, or other effects, belonging to the said governor and company, or having any bill, dividend warrant, bond, deed, or any security or effects of any other person or persons lodged or deposited with the said company, or with him as an officer or servant of the said company, shall secrete, embezzle, or run away with any such note, bill, dividend warrant, bond, deed, security, money, or effects, or any part of them; every officer or servant so offending, and being thereof convicted in due form of law, shall be deemed guilty of felony, and shall suffer death as a felon without benefit of clergy.

ing the same to have been stolen." Held by the judges of Ireland, that a prisoner was properly convicted under this act of having received Bank of Ireland notes. C. C. R. June, 1809, er. MSS. Mayne, J.

So also are

So also, promissory notes are "goods" within that statute. Held by seven judges to two. C. C. R. Tr. 1810, er MSS. promissory Mayne, J.

Rex v.

The prisoner was indicted at the Spring Assizes of Derry for feloniously receiving and having a pig, knowing the same to have been stolen. The evidence was, that the pig, having been stolen in the county of Donegal, was there given to the prisoner, who killed it in that county, and brought the carcase into the county of Derry. Sproule, for the prisoner, insisted that the indictment was not sustained by the evidence, and cited Rex v. Halloway, 1 Carr. & P. 128. Although that case has been overruled by the subsequent one of Rex v. Pickering, Ry. & Moo. C. C. R., 242, both may be distinguished from the present, since the animals there charged to have been stolen and received were called by the same name, alive and dead; but here it was not a pig, but a carcase of pork, which the prisoner had in his possession in Derry. The jury found him guilty, but JOHNSON, J. reserved the point for the consideration of the judges, who held that the conviction was proper.

(a) Entitled "An act for establishing a bank by the name of The Governor and Company of the Bank of Ireland.'

D

notes.

The charge of feloniously having a pig in the county of A. is supported by evidence of a pig stolen and killed in the county of B. and the carinto the county of A.

case carried

Agents embezzling mo

ney entrusted

to them, and

special pur

9 Geo. 4, c. 55, s. 40. And for the punishment of embezzlement committed by clerks and servants, be it enacted, that if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant, shall, by virtue of such em. ployment, receive or take into his possession any chattel, money, or valuable security, for or in the name or on the account of his master or employer, and shall fraudulently embezzle the same or any part thereof, every such offender shall be deemed to have feloniously stolen the same from his master or employer, al though such chattel, money, or security was not received into the possession of such master or employer, 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 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 imprisonment.

41. And for preventing the difficulties which have been experienced in the prosecution of such offenders, be it enacted, that it shall be lawful to charge in the indictment, and to proceed against the offender, for any number of distinct acts of em bezzlement, not exceeding three, which may have been committed by him against the same master or employer, 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 to be of money, without specifying any particular coin or valuable security, and such allegation, so far as regards the description of the property, shall be sustained, if the offender shall be proved to have embezzled to 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 valu. able 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 shall be returned to the party delivering the same, and although such part shall have been returned accordingly.

42. And for the punishment of embezzlements committed by agents entrusted with property, be it enacted, that if any money, or security for the payment of money, shall be entrusted to any directed to be banker, merchant, broker, attorney, or other agent, with any diapplied to any rection in writing to apply such money, or any part thereof, or the proceeds or any part of the proceeds of such security, for any purpose specified in such direction, and he shall, in violation of good faith, and contrary to the purpose so specified, in anywise convert to his own use of benefit such money, security, or proceeds, or any part thereof respectively, every such offender

poses, misde

meanor, punishable by transportation, &c.

9 G. 4, c. 55.

ment for agents embez

zling or couverting any goods or vavaluable security enthem for safe custody, or cial purpose.

trusted to

shall be guilty of a misdemeanor, and 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 suffer such other punishment by fine or imprisonment, or by both, as the court shall award; and if Like punish any chattel or valuable security, or any power of attorney for the sale or transfer of any share or interest in any public stock or fund, whether of the United Kingdom, or of any part thereof, or of any foreign state, or in any fund of any body corporate, company, or society, shall be entrusted to any banker, merchant, broker, attorney, or other agent, for safe custody, or for any spe cial purpose, without any authority to sell, negotiate, transfer, or pledge, and he shall, in violation of good faith, and contrary to the object or purpose for which such chattel, security, or power of attorney shall have been entrusted to him, sell, negotiate, transfer, pledge, or in any manner convert to his own use or benefit such chattel or security, or the proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of attorney shall relate, or any part thereof; every such offender shall be guilty of a misdemeanor, and 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.

for any spe

trustees or mortgagees;

nor bankers, &c., receiving securities;

money due on

43. Provided always, and be it enacted, that nothing herein- Not to affect before contained relating to agents shall affect any trustee in or under any instrument whatever, or any mortgagee of any property, real or personal, in respect of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trustee or mortgagee; nor shall restrain any banker, merchant, broker, attorney, or other agent, from receiving any money which shall be or become actually due and pay able upon or by virtue of any valuable security, according to the tenor and effect thereof, in such manner as he might have done if this act had not been passed; nor from selling, transferring, or disposing or otherwise disposing of any securities or effects in his pos- of securities session, upon which he shall have any lien, claim, or demand, they have a entitling him by law so to do, unless such sale, transfer, or other lien. disposal shall be wilfully and fraudulently extended to a greater number or part of such securities or effects than shall be requisite for satisfying such lien, claim, or demand.

44. That if any factor or agent, entrusted for the purpose of sale with any goods or merchandize, or entrusted with any bill of lading, warehouse keeper's or wharfinger's certificate, or any bought and sold note, or any warrant or order for delivery of goods or merchandize, shall, for his own benefit, and in violation of good faith, deposit or pledge any such goods or merchandize, or any of the said documents, as a security for any money or negotiable instrument borrowed or received by such factor or agent at or before the time of making such deposit or pledge, or intended to be thereafter borrowed or received, every such offender shall be

on which

Factors pledging for their goods, or do cuments relating to goods entrusted to them for the purpose of sale,

own use any

misdemeanor, punishable by tion, &c.

transporta

Not to extend to cases where the pledge does not exceed the amount of the lien.

G. 4, c. 55. guilty of a misdemeanor, and 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 suffer such other punishment by fine or imprisonment, or by both, as the court shall, award; but no such factor or agent shall be liable to any prosecution for depositing or pledging any such goods or merchandize, or any of the said documents, in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which, at the time of such deposit or pledge, was justly due and owing, or bona fide supposed by such factor or agent to be due and owing to such factor or agent from his principal, together with the amount of any bill or bills of exchange drawn by or on account of such principal, and accepted by such factor or agent, and of any other engagement made by such factor or agent on account of his principal, and to the payment of which such factor or agent is legally liable.

45. Provided always, and be it enacted, that nothing in this act contained, nor any proceeding, conviction, or judgment to be had or taken thereupon against any banker, merchant, broker, factor, attorney, or other agent, or any such clerk or servant, or person employed in the capacity of clerk or servant, as aforesaid, shall prevent, lessen, or impeach any remedy at law or in equity, which any party aggrieved by any such offence might or would have had if this act had not been made; but nevertheless, the conviction of any such offender shall not be received in evidence in any action at law or suit in equity against him; and no banker, merchant, broker, factor, attorney, or other agent as aforesaid, or clerk or servant, or person employed in the capacity of clerk or servant, shall be liable to be convicted of any offence of embezzlement against this act, in respect of any act done by him, by any evidence disclosed by him in consequence of any compulsory process of any court of law or equity, in any action, suit, or proceeding, which shall have been bona fide instituted by any party aggrieved, or by any evidence disclosed by such person in any examination or deposition before any commissioners of bankrupt.

[Accessaries, p. 9. Admiralty offences, p. 14. Pardon, p. 12. Removing goods to another part of the United Kingdom, p. 14. Restitution, p. 9. "Valuable security," its meaning, p. 2.]cns,

Obtaining money, &c.,

by false pretences, a mis

demeanor.

SECTION 6.

Cheats and Frauds.

9 Geo. 4, c. 55, s. 46. And whereas a failure of justice fre quently arises from the subtle distinction between larceny and fraud; for remedy thereof, be it enacted, that if any person shall

by

false pretence(a) obtain from any other person any 9 G. 4, c. 55. chattel, money, or valuable security, with intent to cheat or defraud any person of the same; every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be of a m liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment, by fine or imprisonment, or by both, as the court shall award provided always, that if upon the trial of any person indicted for such misdemeanor it shall be proved that he obtarned the property in question in any such manner as to amount in law to larceny, he shall by reason thereof be entitled to be acquitted of such misdemeanor; and no such indictment shall be removable by certiorari; and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for lafceny upon the same facts.

"not" in 9 G.

546 Will. 4, c. 34, s. 1. [Recites the proviso in 9 Geo. 4, c. Omission of 55, s. 46, and the omission of the word" not," at between the the word words" shall" and "by."] Be it, &c., that the said hereinbefore 4, c. 55, s. 46, recited proviso of the said act of parliament shall be deemed, supplied. construed, and taken to have such and the same effect, to all intents and purposes whatsoever, as if the said word "not" had been originally inserted between the words "shall" and "by."

dumb, and presenting a

forged letter

to obtain money, is

punishable

under this

act.

(a) Rex v. Blackwood. Indictment for obtaining money under Pretending to false pretences. The prisoner, pretending to be deaf and dumb, be deaf and presented a letter to the prosecutor, purporting to have been written by Doctor Orpen, of Dublin, alleging the bearer's pri. vation of faculties, and recommending him as a fit subject for charitable relief. He also produced a list of persons, several of whom had sums annexed to their names: these, he informed the prosecutor, were the persons to whom he had obtained letters from Doctor Orpen, and those to whose names no sum was annexed had not as yet been solicited. Upon these representations, a sum of money was given to the prisoner. It appeared that he was neither deaf nor dumb, and that the letter produced was a forgery. The case was tried at Mallow Sessions, April 1830, before the assistant barrister (Martley, K.C.); when the prisoner was found guilty, and sentenced to be transported. A memorial was afterwards presented to the lord lieutenant on his Indictment behalf; but upon inquiry into the facts, and after calling for the for obtaining report of the learned assistant barrister, it was deemed proper that the sentence should be carried into execution.

On evidence that a promissory note was obtained under a false pretence, and afterwards, and before the day in the indictment, was converted into cash by the defendant, it was held to be the same as if money had been originally received by the deception used. Rex v. Shee, Middlesex Sess. 1800. Mac Nally, Law of Ev. 641.

false pre

money under

tences, is sup. ported by evidence of a

promissory note obtained wards converted into cash.

and after