penal servitude for life, if that punishment be adopted; but he may here, also, at the discretion of the court, be punished by imprisonment merely, to the extent and in the manner already particularized (j).

In connexion with robbery may be here mentioned, the provisions which have been framed to meet the crime of extorting money and other valuables, by threats of various kinds. And, first, the same punishment as last mentioned (with the addition of whipping, if the court see fit, and the offender be a male under sixteen,) is awarded to the felonious crime of sending, delivering or uttering, or directly or indirectly causing to be received, knowing its contents, any letter or writing demanding of any person, with menaces and without any reasonable or probable cause, any property, chattel, money, valuable security or other valuable thing (k). And penal servitude to the extent of three years, or imprisonment as before, but not whipping, is awarded to the felonious crime of demanding with menaces or by force any property, chattel, money, valuable security or valuable thing of any person with intent to steal the same (7).

Moreover penal servitude for life or three years, or imprisonment-with or without hard labour, solitary confinement and whipping, if a male under sixteen,-is awarded to whomsoever shall commit the felonious crime of sending, delivering or uttering, or directly or indirectly causing to be received, knowing the contents, any letter or writing, accusing or threatening to accuse (m) any other person of any crime punishable by law with death or penal

(j) 24 & 25 Vict. c. 96, s. 43. The provision previously in force (7 Will. 4 & 1 Vict. c. 87, ss. 2, 3, now repealed by 24 & 25 Vict. c. 95), made robbery accompanied with wounding, &c., a capital felony.

(k) 24 & 25 Vict. c. 46, s. 44. This and the following provision are in substitution of 7 & 8 Geo. 4, c. 29,

s. 8, and 7 Will. 4 & 1 Vict. c. 87, ss. 7, 12, repealed by 24 & 25 Vict. c. 95.

(1) 24 & 25 Vict. c. 96, s. 45.

(m) See also 6 & 7 Vict. c. 96, s. 3, as to the offence of threatening to publish or offering to abstain from publishing a libel with intent to extort money, &c.

servitude for not less than seven years,―or of an assault, or attempt or endeavour to commit any rape or infamous crime, with a view or intent thereby to extort or gain any such property or thing from any person (n); and to whomsoever shall accuse or threaten to accuse either the person to whom such accusation or threat shall be made, or any other person, of any of the above crimes, with the view or intent of such extortion or gain, either from the person accused or threatened, or from any other person (o);-or who, with intent to defraud or injure any other person, shall, by any unlawful violence, restraint or threat to the person of another, or by accusing or threatening to accuse him of any treason, felony or infamous crime, compel or induce any person to execute, make, accept, indorse, alter or destroy any valuable security, or to affix his name or the name of any other person or company, firm or co-partnership, or the seal of any corporation or society, to any paper or parchment, in order that the same may be converted into a valuable security. The addition of whipping to the rest of the sentence has not however been authorized with regard to this last-mentioned felony (p).

4. Larceny or embezzlement by clerks, servants, &c. (q). Special provision against larcenies by servants was made by the statutes 33 Hen. VI. c. 1, and 21 Hen. VIII. c. 7; but both of these were repealed by 7 & 8 Geo. IV. c. 27. By the enactments now in force on the subject, it is provided, that whosoever, being a clerk or servant, or person employed for the purpose, or in the capacity of a clerk or servant, shall steal any chattel, money, or valuable security, belonging to or in the possession or power of his 2, repealed by 24 & 25 Vict. c.

(n) 24 & 25 Vict. c. 96, s. 46. This section (which is in substitution for the repealed 7 & 8 Geo. 4, c. 29, s. 8) defines "the infamous crimes" to which it refers. See also as to the menaces or threats used, 24 & 25 Vict. c. 96, s. 49.

(o) 24 & 25 Vict. c. 96, s. 47, framed on 10 & 11 Vict. c. 66, s.

95.

(p) 24 & 25 Vict. c. 96, s. 48. (9) In certain cases, larceny by clerks and servants may be disposed of summarily by justices at petty sessions, or before a metropolitan or stipendiary magistrate. (Vide post, Chapter on Summary Convictions.)

master, shall be guilty of felony and liable to penal servitude for a term not exceeding fourteen years, nor less than three years; or may be imprisoned (with or without hard labour or solitary confinement) for a term not exceeding two years; and if a male, under the age of sixteen, be whipped, if the court think fit, in addition to the imprisonment (p). And if larceny be committed by one employed in the public service of her Majesty, or by a constable or other person employed in the police, of any chattel, money, or valuable security, belonging to or in the possession or power of her Majesty, or intrusted to or received by the thief in virtue of his employment,-the same punishments as last mentioned (with the exception of whipping) may be awarded (g). In addition to which, there are separate provisions against embezzlement; a crime distinguished from larceny (properly so called), as being committed in respect of property which is not, at the time, in the actual or legal possession of the owner (r). As to this it is enacted, that whosoever, being a clerk or servant, shall fraudulently embezzle any chattel, money, or valuable security, which shall be delivered to or received, or taken into possession by him, for or in the name or on the account of his master, or any part thereof, shall be deemed to have feloniously stolen the same and punished accordingly (s): and that the same penalties shall attach, if the offender be one employed in the service of her Majesty or in the police, and entrusted by virtue thereof with the receipt, custody, management, or control of what has been embezzled (t). And where the act of embezzlement has been committed by any officer or servant of the Bank of England or (p) 24 & 25 Vict. c. 96, s. 67. This is in the place of 7 & 8 Geo. 4, c. 29, s. 46, repealed by 24 & 25 Vict. c. 95.

(g) 24 & 25 Vict. c. 96, s. 69. See Reg. v. Moah, 25 L. J., M. C.

66.

(r) See R. v. Gill, 1 Dearsley's C. C. R. 289. As to the indictment

for embezzlement, see 24 & 25 Vict. c. 96, s. 71.

(s) 24 & 25 Vict. c. 96, s. 68. The punishment is particularized sup. p. 213. A verdict for embezzle. ment may be had on an indictment, charging larceny, and vice versâ. (24 & 25 Vict. c. 96, s. 72.)

(t) Sect. 70.

Ireland, in respect of any security, money or effects lodged at the Bank, or with him as its officer or servant, the term of penal servitude may be for life (u). With respect to fraudulent appropriation by agents and others, not amounting in legal contemplation to larceny or felonious embezzlement, but still proper to be repressed by highly penal enactments, other provisions are made. Thus it is enacted, that if any person, having been entrusted, (either solely, or jointly with any other person,) as a banker, merchant, broker, attorney, or other agent, with any money or security, with any direction in writing to apply the same, or the proceeds of such security, as specified in such direction-shall, in violation of good faith and contrary to such direction, in any wise convert the same to the use or benefit of any person other than the person by whom he was entrusted, he shall be guilty of a misdemeanor; and may be sentenced to penal servitude for a term not exceeding seven years, or less than three years, or to imprisonment not exceeding two years with or without hard labour and solitary confinement (x). Again, if any chattel or valuable security, or any power of attorney for the sale or transfer of any share or interest in any stock or fund,-shall be entrusted to any banker, merchant, broker, attorney or other agent, either for safe custody or for any special purpose;---and he shall, in violation of good faith, and contrary to such purpose, sell, negotiate, transfer, pledge, or in any manner convert the same to the use or benefit of any person other than him by whom he was entrusted;-every such offender shall incur the same penalties, as are imposed in the case last before mentioned (y). It is provided, however, that these enactments relative to agents shall not affect any trustee or mortgagee in respect of any act done by him in relation to the property comprised in the trust or mortgage: nor shall it restrain any banker, merchant, broker, attorney or other agent, from receiving money due upon any valuable (u) 24 & 25 Vict. c. 96, s. 73. (y) Ibid. (x) Sect. 75.

security, in such manner as he might otherwise have lawfully done: nor from disposing of any securities or effects in his possession, upon which he shall have any lien, claim, or demand, entitling him by law to dispose thereof,—unless such disposal shall extend to more than shall be requisite for satisfying such lien, claim or demand (z). It is also enacted, that whosoever, being a banker, merchant, broker, attorney, or agent, and being entrusted either solely or jointly with any other person, with the property (a) of any other person for safe custody;-or with any power of attorney for the sale or transfer of any property, — shall fraudulently in any manner convert or appropriate the same to the use or benefit of any person other than the person by whom he was entrusted, shall be guilty of a misdemeanor; and be punishable in the manner and to the extent as in the misdemeanor last before mentioned (b). And that whosoever being a factor or agent entrusted for any purpose with the possession of any goods, or of any documents of title to goods, shall without the authority of his principal, for the use or benefit of any person other than such principal, and in violation of good faith, make any consignment, deposit, transfer or delivery of any such goods or documents so entrusted, by way of a pledge or security for any money or valuable security borrowed by such factor or agent, or shall accept advances on the faith of an agreement to pledge such goods or documents, ―he shall incur the same penalties as in the two former cases (c). But no factor or agent shall be liable to pro

(z) 24 & 25 Vict. c. 96, s. 75. This section is framed on 7 & 8 Geo. 4, c. 29, ss. 49, 50, repealed by 24 & 25 Vict. c. 95.

(a) The term "property" in the interpretation of 24 & 25 Vict. c. 96, includes every description of real and personal property, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or

giving a right to recover or receive any money or goods. (24 & 25 Vict. c. 96, s. 1.)

(b) Sects. 76, 77. Provisions to the same effect were contained in the Fraudulent Trustees Act (20 & 21 Vict. c. 54), now repealed by 24 & 25 Vict. c. 95.

(c) Sect. 78. This is framed on the 5 & 6 Vict. c. 39, s. 6, now repealed by 24 & 25 Vict. c. 95.