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House brenitirtg Nearly allied to the crime of burglary, is that of lh^l)atapital house-breaking; in respect to which the 1 Edw. 6. c. 12. l Edw.fi ci2. Eng. enacts, that every person attainted or convicted of s. 10. Eng. breaking any house by day or by night, any person being then in the same house, and thereby put in fear or dread, or being indicted or appealed of such offence, and thereupon found guilty by verdict, or who sliall upon arraignment confess the same, or will not answer directly, or stand wilfully or of malice mute, sliall not be admitted to the benefit of clergy. There is no statute in Ireland containing any clause similar to this of 15Scl6 0w>.3. . _ , _ . „ _ ,
c.2i» 4Si5.tr. the 1 Lchv. 6. supra. Bui the 15 & 16 Geo. 3. c. 21. lr.
House breaking contains clauses relative to house-breaking, which have
kr. flow punish. °
edin,Ireland, been already stated, ante p. 629-630.
«r . • I. xYS to the crime of larceny considered with relation j. . to the persons by whom it may be committed; the 33
*ling the goods Hen. 6. c. 1. E. & I. after reciting that divers servants,
of their masters . . .
after their denth shortly after their masters death, violently and riotously mgainsT"" uave taken and spoiled the goods which were of their 33 Hen. 6.c. l. said masters at the time of their death, and the same distributed amongst theiu; enacts, that after full information made to the chancellor by the executors (or 2 of them) of such person, of such riot, taking, and spoliation, it shall be lawful for the chancellor, by the advice of the chief justices of K. B. and C. B. and chief barou of Exc. (or 2 of them) to make out writs to such sheriffs as seem necessary, to make open proclamation in such cities or places, (2 market days within 12 days after the delivery of such writs) as to the chancellor, by the advice aforesaid, shall seem reasonable, that the said offenders
fenders shall appear before the king in his bench, at such a day as by the said writ shall be limited, so that the said last proclamation be made by 15 days before the day of appearance; and if any sncii writ be returned at tlie day contained in the writ, and the writ be executed, and proclamation tlvereupon made as aforesaid, urke<nuch of.
.1 •* t i i , i ,. ftncei iliall ht
tuen if such person who ought to appear by reason or deemcUfrioity.
said proclamation, make default at the day specified in
said writ, and do not appear, he shall be attainted of
felony. And by s. 2. if such person appear at the day,
then the justices of K. B. shall have power to commit
liiiu to prison, until such offender in the said bench do Power of jus.
, • i ■ • r 1 IcetofK. B.
answer to ihe executors in tlieir actions tor such not „ m,uc/, anil spoliation, and until such actions be determined ; °tf">dt"' so that the said actions be pursued with effect, and without delay. And by s. 3. if such person be enlarged out «-3. of prison, he shall find sufficient persons to be bound by . , _ recognizance in the said bench, to keep such days as he*uu,ir<«<4a/7. w they shall have by the same court; and if the keepers of the prison whereunto any such person be committed, shall let him go at large without the order of the justices, such keeper shall forfeit £iOQ. to the said executors; and no protection shall be allowed in any action to be brought upon the ordinance. And the 21 Hen. 8. c. 7. ii H«i 8.c, 7» Eng. further enacts, that all servants, to whom caskets,s- '*L""8jewels, money, goods or chattels, by tiieir masters or s■rmnis embnmistresses shall be delivered to. keep, if they withdraw ^J^T"" them from their said masters. Ate. and <jo away with i*«'w«-, toth* tliem, or any part thereof, to the intent to steal the g«<//yvjji-tony. same, and defraud their masters, &p. thereof, contrary to the trust and confidence in them put by their masters, &c. or being in the service of their said masters, &c. without their assent or command, embezzle said caskets, &c. or any pr.rt thereof, or convert the same to their own use, with like purpose to steal it; shall, if such castets, &c. be of the value of 40$. be guilty of felony, (which this statute recites to have been doubted) and punished as other felons are for felonies committed by the course of the common law. Bqt by s 2. this act shall it a not extend to any apprentice, nor to any person with.n
Proviso aito tne a£^°f 18 years, going away with his masters or mi»appreniir.es, a*d tresses goods or jewels, or converting; the same to his
pcrtoni within b J » e
thcage of 18 own use, during the time ot his apprenticeship, or being within said age of 18, hut such person shall be in like
ssHen. 8.c.5 case as before the making ot this act. The 23 Hen 8. c. 5. Ir is the corresponding statute in Ireland. And the
2Geo. i.e. 17. 2 Geo. 1 .c 17. Ir. recites the 33 Hen. 8. c.5. Ir. and further enacts (s. 19.) that if any person be found guilty of any
fTf ycl''M of the offences in said statute, or shall stand mute, or
setmnu rmic»- challenge peremptorily above 20, he shall suffer death "'*' without benefit of clergy.
Clerk, bfe em- With respect to persons acting; rather in the capacity
tuis, >m/et, tec. of clerks, the 39 Geo.«3. c. 85. Eng. declares and enacts, innspori tjjat ^ an^ servant or clerk, or any person employed for jw*0 c tue purpose in the capacity of a servant or clerk to any person or body corporate, shall, by virtue of such eniployment, 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, such offender shall be deemed to Iwve feloniously stolen the same from his master, &c. for whose use, or in whose name, or on whose account the same was delivered to, or taken into the possession of such servant, &c. although such money, &c. was no otherwise received into the possession [*of such master o^ employer, than by the actual possession] of his servant, &c. ; and such offender, his adviser, procurer, aider, or abettor, shall be liable to be transported to such parts beyond the seas, as his majesty by the advice of his privy council shall appoint, for any term not exceeding 14 years, which the court shall adjudge. Analogous to 2?fifo.2.c. 16. the 39 Geo. 3. c. 85. Eng. supra, is the 29 Geo. 2. *■ * r' c. 16. Ir. which enacts, that if any cashier or clerk of
&«. mbextUng any banker, merchant, or officer entrusted with the re7r°t7r'l',o.Va' ceip* or custody of public money, shall, without the consent of such banker, Sue. embezzle or take away money, cash, notes, or securities for money, to the value of £50. belonging to such bunker, &c.; with intent to defraud such banker, &c. such cashier or clerk shall be guilty of felony without benefit of clergy: And every person who shall receive such motiey, &c. from such. cashier, &c. knowing them to he so taken, &c. shall be likewise guilty of felony without benefit of clergy. It is one of the provisions of the 15 Geo. 2. c. 13. Eng. that is Geo. s.cis.
gmliu tapitally, sent
* These words omitti J in the act. Viilc 2 East P. C. p. 575.
s. 12. Eng.
if any officer or servant of the bank of England, being entrusted with any note, bill, dividend-warrant, bond, c!"^ofthe
. bantof England
deed, or security, money, or other effects belonging to embevUmg said company, or having any bill, &t\ of any other '^Z'ptiaiiyT' person lodged or deposited with said company, or with him as an officer or servant of said company, shall secrete, embezzle, or run away with such note, &c. or any part of them, he shall be guilty of felony without benefit of
clergy. The 35 Geo. 3. c. 66. Eng. and 37 Geo. 3. 35Geo.3.c*&
. . s. 6. Eng.
c. 46. Eng. (which are acts for making certain annuities 37G<0 3C^
created by the parliament of Ireland transferable, and s- 6- ^s
die dividends payable at the bank of England) contain
similar provisions with respect to officers or servants of
the bank entrusted with notes, &c. in pursuance of these
acts. And the 24 Geo. 2. c. 11. Eng. provides in like 84Geo.2.0.J1
manner in respect to the South Sea annuities, and the s'
officers and servants of the South Sea company. And
tke 21 & 22 Geo. 3. e. 16. Ir. contains a clause in re- 21 &S2G«>.3.
c 16. s. 16. U
spect to the officers and servants of the bank of Ireland, precisely similar to that of the 15 Geo. 2. c. 13. Eng. supra. By the 7 Geo. 3. c. 50. Enff. 'as amended by the F.mbazUmmi
'««?.*i 11 of letters, or ,e.
+2 Geo. 3. c. 81. s. 11. G. B.) if any deputy, clerk, curiiia, «•<my agent, letter-carrier, post-boy or rider, or other officer or ^'J^f^e 3 person employed in receiving, stamping, sorting, charg- pott office, a axing, carrying, conveying, or delivering letters or7Geo3c50_ packets, or in any other business relating to the post- Ensoffice, shall secrete, embezzle, or destroy any letter, packet, bag, or mail of letters, which he may be entrusted with, or which shall have come to his hands or possession, containing any bank-note, bank-post bill, bill of exchange, exchequer bill, South Sea or East
India bond, dividend warrant of the bank, South Sea, East India, or other company, society, or corporation, navy or victualling or transport bill, ordnance debenture, seaman's ticket, state lottery ticket or certificate, bank receipt for payment on any loan, note of assignment of stock in the funds, letter of attorney for receiving annuities or dividends, or for selling stock in the funds, or belonging to any company, society, or corporation, American provincial bill of credit, gold-smith's or banker's letter of credit, or note for or relating to the payment of money, or other bond or warrant, draft, *bt4*o«i. x bill, or promissory note for the payment of money, [*or *" •*• • • • containing any part of any such security or instrument;] ,or shall steal or take out of any letter Or packet that shall come to his hands or possession any such note, &c. [*or any part of any such security or instrument;] every such offender shall be guilty of felony without benefit of 42 Geo.f.c.81. clergy. And by the 42 Geo. 3. c. 81. s. 2. G. B. if any person, whether employed in any business relating to Accrssarietpun- the post-office, or not, shall counsel, command, hire, »«/". "*"*""persuade, procure, aid, or abet, any such deputy, &c. to commit any of the oifences aforesaid; or shall, with a fraudulent intention, buy or receive the whole or any part of any such security or instrument, which at the time of buying or receiving thereof he shall know to Jiave been contained in such letter, &c. so by any deputy, &c. secreted or embezzled, or stolen or taken out of any letter or packet, that shall come to his hand or possession, or which he at the time of buying or receiving thereof, shall know to have been contained in, and stolen, or unlawfully taken out of any letter or packet stolen and taken by any person from out of any mail or bag of letters sent by the post, or from out of any post-office, or house or place for the receipt or delivery of letters or packets sent by the post; such offender shall be guilty of felony without benefit of clergy, and may be tried, convicted, and attainted, as well before as after the trial or conviction of the principal felon, and whether
the principal felon shall have been apprehended, or 5 Oo. 3, c. 25. t ,. , , , . . .„. _
*. is. &.g. shall be amenable to justice or not. The 5 Geo. 3.