House-breaking Jelony. 1 Edw. 6 c.12. s. 10. Eng. Nearly allied to the crime of burglary, is that of when a capital house-breaking; in respect to which the 1 Edw. 6. c. 12. Eng. enacts, that every person attainted or convicted of breaking any house by day or 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 shall upon arraignment confess the same, or will not answer directly, or stand wilfully or of malice mute, shall not be admitted to the benefit of clergy. There is no statute in Ireland containing any clause similar to this of c.21.s. 4&5.Ir. the 1 Edw. 6. supra. But the 15 & 16 Geo. 3. c. 21. Ir. House breaking contains clauses relative to house-breaking, which have been already stated, ante p. 629-630. 15 & 16 Geo. 3. &c. hors punish ed in Ireland. $1. against. E. & l. I. CHAP. XIV. Of Offences against Private Property. As to S to the crime of larceny considered with relation Servants embez- to the persons by whom it may be committed; the 33 zling the goods Hen. 6. c. 1. E. & I. after reciting that divers servants, of their masters after their death shortly after their masters' death, violently and riotously how proceeded have taken and spoiled the goods which were of their 33 Hen. 6. c. 1. said masters at the time of their death, and the same distributed amongst them; 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 baron 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 fences shall be s. 2. Lces of K. B. as to such s. 3. 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 such writ be returned at the day contained in the writ, and the writ be executed, and proclamation thereupon made as aforesaid, When such of then if such person who ought to appear by reason of deemed felony. 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 him to prison, until such offender in the said bench do Power of jusanswer to the executors in their actions for such riot and spoliation, and until such actions be determined; offenders. so that the said actions be pursued with effect, and without delay. And by s. 3. if such person be enlarged out of prison, he shall find sufficient persons to be bound by such offenders recognizance in the said bench, to keep such days as he how let to bail. or 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 £400. 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. 21 Hen 8.c. 7, Eng. further enacts, that all servants, to whom caskets, s. 1. Eng. jewels, money, goods or chattels, by their masters or srvants embermistresses shall be delivered to keep, if they withdrawing their mausters goods, in them from their said masters, &c. and go away with their care, to the them, or any part thereof, to the intent to steal the gutty of felony. same, and defraud their masters, &c. 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 part thereof, or convert the same to their own use, with like purpose to steal it; shall, if such caskets, &c. be of the value of 40s. 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, But by s. 2. this act shall not extend to any apprentice, nor to any person within the value of 40s. Proviso as to persons within the age of 18 the age of 18 years, going away with his masters or misapprentices, and tresses goods or jewels, or converting the same to his own use, during the time of his apprenticeship, or being. within said age of 18, but such person shall be in like 33 Hen. 8. c.5 case as before the making of this act. The 23 Hen 8. c. 5. Ir is the corresponding statute in Ireland. And the years. Ir. s. 19. Ir. 2 Geo. 1. c. 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 Benefit of clergy of the offences in said statute, or shall stand mute, or taken away from servants ember- challenge peremptorily above 20, he shall suffer death aling. without benefit of clergy. Eng. Clerks, &c emWith respect to persons acting rather in the capacity bezzling money, bills, notes, &c. of clerks, the 39 Geo. 3. c. 85. Eng. declares and enacts, to be transported that if any servant or clerk, or any person employed for 19 Geo.3. c.85. the purpose in the capacity of a servant or clerk to any person or body corporate, shall, 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, such offender shall be deemed to have 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 or 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 29 Geo.2.c. 16. the 39 Geo. 3. c. 85. Eng. supra, is the 29 Geo. 2. s. 3. ir. c. 16. Ir. which enacts, that if any cashier or clerk of &c. embezzling any banker, merchant, or officer entrusted with the receipt or custody of public money, shall, without the con Clerks of bankers money to the value of £50. guilty capitally. sent. These words omitted in the act. Vide 2 East P. C. p. 575. sent of such banker, &c. embezzle or take away money, cash, notes, or securities for money, to the value of £50. belonging to such banker, &c.; with intent to defraud such banker, &e. such cashier or clerk shall be guilty of felony without benefit of clergy: And every person who shall receive such money, &c. from such cashier, &c. knowing them to be so taken, &c. shall be likewise guilty of felony without benefit of clergy. It is s. 12. Eng. ly capitally. one of the provisions of the 15 Geo. 2. c. 13. Eng. that 15 Geo. 2.c.13. if any officer or servant of the bank of England, being entrusted with any note, bill, dividend-warrant, bond, Clerks of the bank of Englund deed, or security, money, or other effects belonging to embezzling said company, or having any bill, &c. of any other notes, &c. guilperson 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. c. 46. Eng. (which are acts for making certain annuities created by the parliament of Ireland transferrable, and s. 6. Eng. the 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 35 Geo. 3. c.66. s. 6. Eng. acts. And the 24 Geo. 2. c. 11. Eng. provides in like 24 Geo. 2.c.11. manner in respect to the South Sea annuities, and the s. 3. Eng. officers and servants of the South Sea company. And c. 16. s. 16. Ir. the 21 & 22 Geo. 3. c. 16. Ir. contains a clause in re- 21 & 22 Geo.3. spect to the officers and servants of the bank of Ireland, precisely similar to that of the 15 Geo. 2. c. 13. Eng. supra. of letters, or se officers of the By the 7 Geo. 3. c. 50. Eng. (as amended by the Embezzlement 42 Geo. 3. c. 81. s. 11. G. B.) if any deputy, clerk, curities, or any agent, letter-carrier, post-boy or rider, or other officer or part thereof, by person employed in receiving, stamping, sorting, charg- post office, a capital felony. ing, carrying, conveying, or delivering letters or 7 Geo. 3. c. 50. packets, or in any other business relating to the post- Eng. office, 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 c. 81. s. 1. G.B. 8. 2. G. B. 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, *By 42 Geo. 3. 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.3. 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 Accessaries pun- the post-office, or not, shall counsel, command, hire, ishable as princi- persuade, procure, aid, or abet, any such deputy, &c. to commit any of the offences 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 have 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 s. 19. Eng. shall be amenable to justice or not. The 5 Gea. 3. pals. 5 Geo. 3, c. 25. |