c. 25. Eng, enacts (s. 19.) that if any deputy, clerk, Clerks, &c. agent, letter-carrier, or other servant appointed, au- secreting postage guilty of thorized, and entrusted to take in letters or packets, felony. and receive the postage thereof, shall embezzle or apply to his own use, any money by him received with such letters, &c. for the postage thereof; or shall burn or otherwise destroy any letter, &c. so taken in or received, or who by virtue of his office shall advance the rates upon lette s or packets sent by the post, and shail not duly account for the money by him received for such advanced postage, he shall be guilty of felony. And

guilty of felony.

the 7 Geo. 3. c. 50. Eng. also enacts (s. 3.) that if any 7 Geo 3. c. 50. deputy, clerk, agent, letter-carrier, officer, or other s. 3. Eng. person employed in any business relating to the post- Clerks, &c. office, shall take or receive into his hands or possession, burning letters, &c. or receiving any letter or packet to be forwarded by the post, and advanced rates of postage, and receive any money therewith for the postage thereof, secreting it, or shall burn or otherwise destroy any letters, &c. by him so taken in, &c; or if any such deputy, &c. 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, such offender shall be guilty of felony. And the 23 & 24 Geo. 3. c. 17. s. 39. Ir. also enacts, that if any 23 & 24 Gen.3. deputy, clerk, agent, letter-carrier, post-boy, rider, or other officer employed in any business relating to the Similar provipost-office, shall embezzle or apply to his use, any money by him received with any letter or packet to be forwarded by the post; or shall burn or destroy any letter, &c. so received by him, to be forwarded by post; or if any such deputy, &c. 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 guilty of felony, and suffer death as a felon. And the 38 Geo. 3. 8 Geo. 3.c.47. c. 47. Ir. (which amends the 23 & 24 Geo. 3. c. 17. 28 *. 3. Ir. Geo. 3. c. 13. and 36 Geo. 3. c. 7.) also enacts, (s. 3.) that if

c. 17. s. 39. ir.

sion.

Embezzlement

letters, &c.

any officer or other person, in any wise acting by virtue of and securities by of this act, or any other act passed or to be passed in officers of postoffice in Ireland this kingdom relative to the post-office, or any deputy, a cupital felony. clerk, agent, letter-carrier, post-boy or rider, or other officer

officer or person employed in receiving, stamping, sorting, charging, carrying, conveying, or delivering letters or packets, or in any other business relating to the postoffice, shall wilfully secrete, embezzle, or destroy, or wilfully permit or suffer any person to secrete, &c. or if any person shall without the consent of such clerk, &c. wilfully secrete, &c. any letter, packet, bag, or mail of letters, which shall have been sent by the post, or with which any such deputy, &c. shall be entrusted, or which shall have couie to his hands or possession, or which shall contain any bank-note, bank-post-bill, bill of exchange, treasury or exchequer bill, debenture, or acquittance, South Sea, East India, or city of Dublin, bond, dividend warrant of the bank of Ireland or England, South Sea, East India, or other company, society, or corporation; navy, or victualling, or transport bill, ordnance debenture, seamen's ticket; Irish or British state-lottery ticket, or share of any such ticket; bank, treasury, or other receipt for payment of any public loan; note of assignment of stock in the Irish or British funds; letter of attorney for receiving annuities or dividends, or for selling stock in the funds of Ireland or Great Britain, or belonging to any company, society, or corporation; goldsmith or banker's letter of credit, or note for or relating to the payment of money; or bond or warrant of attorney, draft, bill, or promissory note, or other security or paper, voucher or thing, for the payment of money, or whereby or whereon any money may be had, received, or recovered, which shall contain any part of said several vouchers, securities, &c. or any of them; or shall steal or feloniously take out of any letter or packet that shall come to his hands or possession, or which shall have been sent by the post, any of the vouchers, securities, &c. above mentioned, or any part of any other security, paper, matter or thing for the payment of money, whether money can be had, &c. thereby or thereon, or not; or if any person shall be aiding or assisting in the committing of any of same Accessaries also offences; or if any person shall receive any such letter, guilty capitally. packet, bag, or mail of letters, so secreted or embez

zled

3. 4.

Accessaries shall

zled, or any of the vouchers, securities, &c. aforesaid, contained in such letters, &c. or any part of them, or of any of them, knowing the same to have been wilfully secreted or embezzled as aforesaid; or if any person shall receive any of the vouchers, securities, &c. or any part of them, or any thing which shall have been felomously taken out of any letter, packet, &c. knowing the same to have been stolen or feloniously taken as aforesaid; every such offender shall be guilty of felony without benefit of clergy. And by s. 4. every person so receiving any such letter, packet, bag, or mail of letters, so wilfully and feloniously secreted and embezzled as be tried, &c. as aforesaid, or any thing therein contained, or which shall principals. have been feloniously taken thereout, knowing the same to have been secreted, &c. shall be deemed a principal felon, and triable for such offence, and shall suffer death without benefit of clergy, although the person who shall have actually secreted such letter, &c. or who shall have feloniously taken any thing thereout, shall not have been previously convicted, tried, or apprehended. By 8. 3. on every trial for any offence against this act, or the 23 & 24 Geo. 3. c. 17. 28 Geo. 3. c. 13. or 36 Geo. 3. In prosecutions c. 7. where evidence of any bank-note, bank-post-bill, for embezzlepromissory note, bill of exchange, or other voucher or notes, &c what security herein-before-mentioned, or any part of them, or of any of them, or any other security, paper, or thing, or any part of them, or of any of them, for the payment of money, or whereby or whereon any money may be had, received, or recovered, shall be necessary; it shall not be necessary to produce the person by whom such bank-note, &c. shall have been signed, but it shall be sufficient to give such other legal evidence of the making and execution of such bank-note, &c. as the nature of the case will admit of, either by the similitude of the hand-writing of the person subscribing such banknote, &c. or by such other means as should be legal evidence in civil actions, for the mere proving of the making and execution of such bank-note, &c. And by the 28 Geo. 3. c. 13. s. 1. Ir. on any prosecution or trial to be had for any offence against the 23 & 24 s. 1. k. .Geo. 3.

s. 5.

ments of bank

of such notes,

shall be evidence

28 Gep. 3.c.13.

In prosecutions Geo. 3. c. 17. Ir. or against this or any other act relating of officers of the to the post-office, it shall not be necessary for any person

post-office not

necessary to

prove that they duly became

such.

The establish

ment of the post office, &c. not necessary to be proved.

Statutes re

straining pelly

prosecuting on behalf of the king, to prove that the oath required by the 23 & 24 Geo. 3. c. 17. Ir. to be taken by the officers of the post-office was taken, but it shall be presumed in every such prosecution, &c. that such officers respectively were appointed to their several employments, and took the said oath, and performed all the requisites appointed by the 23 & 24 Geo. 3.c. 17. and this and every other act relating to the post-office, upon proof being first made that the person ebarged with any offence against the said acts, or any of them, acted in the station, employment, or business, relating to the post-office, which shall be charged or set forth in the indictment. And by s. 2. in every criminal prosecution and trial for any offence against any act relating to the post-office, the establishment of the post-office shall not be questioned, but it shall be taken as proved that one general letter-office and post-office has been, aud at the time of the offence committed, was duly established for the purposes in said act mentioned, and that a sufficient person has been duly appointed, by letters patent under the great seal, post-master general, and that a secretary, treasurer, receiver-general, and accountantgeneral; and a resident surveyor of the general postoffice, and also a controller of the sorting oflice, have been, respectively, duly appointed by letters patent, &c. and that all subordinate officers, deputies, servants, and agents, required by the 23 & 24 Geo. 3. c. 17. have been duly appointed, and that regular posts and inferior post-offices have been established for the purposes in this act, and that it shall not be necessary in any such prosecution, &c. to prove the letters patent of the said master, or of any the other officers aforesaid, or any deputation or appointment made by the master of said office to any of the subordinate officers, &c.

The various statutes relating to the particular embezzlementsin branches of trade and manufacture, contain provisions for restraining petty embezzlements by the workmen or persons employed therein: Thus the 13 & 14 Car. 2. c. 15. Eng. 20 Car. 2. c. 6. Eng. 8 & 9 W. 3. c. 36.

various branches of trade and manufacture.

Eng.

Eng. respect the silk manufacture. The 7 Jac. 1. c. 7. Eng. and 14 Geo. 3. c. 25. Eng. relate to embezzlements by clothiers or workmen in the woollen manufac ture. The 1 Ann. st. 2. c. 18. Eng. and 13 Geo. 2. c. 8. Eng. respect as well the woollen manufacture, as the linen, fustian, cotton, or iron manufactures. The 13 Geo. 2. c. 8. Eng. also respects the leathern manufacture. The 22 Geo. 2. c. 27. Eng. and 17 Geo. 3. c. 56. Eng. extend to the woollen, linen, fustian, cotton, iron, leather, fur, hemp, flax, mohair, and silk manufactures; and extends also to the manufacture of hats. And the 27 Geo. 2. c. 7. Eng. provides against embezzlements by the workmen employed in the manufactures of clocks and watches. And in Ireland petty embezzlements of yarn and wool by spinners and other persons employed by combers or yarn-makers, are restrained by the 7 Geo. 2. c. 9. Ir. And the 31 Geo. 2. c. 10. Ir. provides against embezzlements by persons employed in the manufacture of hats, and in the fustian, cotton, ironi, fur, woollen, mohair, and silk manufactures of this kingdom. The 3 Geo. 3. c. 34. Ir. contains a clause respecting embezzlements by persons entrusted with linen or hempen yarn cloth. And the 1 Geo. 2. c. 24. Ir. relates to petty embezzlements by the servants of tradesmen, artificers, husbandmen, and dealers in iron works, mines, and other works.

furniture.

any 3 w. & M. c.9.

s.

. 5. Eng.

9 W. 3. c. 7. s. 5. Ir.

With respect to embezzlements by lodgers, the 3 W. Felony in lodg & M. c. 9. Eng. enacts, that if any person shall take ers to embezzle away, with an intent to steal, embezzle, or purloin chattel, bedding, or furniture, which by contract or agreement he is to use, or which shall be let to him to use, in or with such lodging, such taking, embezzling, or purloining, shall be adjudged to be larceny and felony. The 9 W. 3. c. 7. Ir. contains a clause precisely similar. Next as to larceny considered with relation to the things of which it may be committed, and first as to things adhering to the freehold: By the 43 Eliz. c. 7. Eng. every person who shall [cut or unlawfully take away any corn or grain growing, or rob any orchard or garden, or] break or cut any hedge, pales, rails, or fence, or dig, pull up, or take up any fruit tree in any orchard, garden,

Punishment for

taking away robbing orchards,

corn growing.

43 Eliz. C. T s. 1. Eng.