the two former cases (m). But no factor or agent shall be liable to prosecution for consigning, depositing, transferring or delivering such goods or documents, provided the same shall not be made a security for more than the amount justly owing to him at the time from his principal, together with the amount of any bill drawn by or on account of the principal and accepted by the factor or agent (n). In addition to all of which provisions, it is also enacted that a person offending in any of the cases following (0), shall be guilty of a misdemeanor, and punishable by penal servitude for seven years, or by imprisonment to the extent of two, with or without hard labour and solitary confinement, as for the misdemeanors already mentioned:1. Any trustee of property for some other person, or for some public or charitable purpose, who shall, (with intent to defraud,) convert or appropriate the same, to the use or benefit of any one other than such person, or for any purpose other than that of the trust, or who shall otherwise dispose of such property (p). 2. Any director, mem (m) 24 & 25 Vict. c. 96, s. 78. This is framed on the 5 & 6 Vict. c. 39, s. 6, now repealed by 24 & 25 Vict. c. 95. (n) 24 & 25 Vict. c. 96, s. 78. (0) The provisions here following are framed on the 20 & 21 Vict. c. 54, repealed by 24 & 25 Vict. c. 95. (p) 24 & 25 Vict. c. 96, s. 80. A "trustee" is, for the purposes of this Act, a trustee on some express trust created by some deed, will, or instrument in writing; and the term includes the heir or personal representative of such trustee, and any other person upon or to whom the duty of such trust shall have devolved or come; and also an executor or administrator, official manager, assignee, liquidator, or ber, or public officer of any body corporate or public company, who shall fraudulently take or apply for his own use or benefit, or for any use or purpose other than the use or purpose of such body or company, any part of the property thereof (). 3. Any director, public officer, or manager of such body or company, who shall, as such, receive or possess himself of any of the property thereof (otherwise than in payment of a just debt or demand), and who shall, with intent to defraud, omit to enter the same in the books and accounts(): or who shall make, circulate or publish, or concur in making, circulating or publishing, any written statement or account, which he shall know to be false in some material particular, with intent to deceive or defraud any member, shareholder or creditor of such body or company; or with intent to induce any person to become a shareholder or partner therein, or to entrust or advance money or property to such body or company, or to enter into some security for the benefit thereof (s). And 4. Any director, manager, public officer, or member of such body or company, who shall, with intent to defraud, destroy, alter, mutilate or falsify any of its books, papers, writings, or valuable securities; or who shall, with such intent, make or concur in the making of a false entry, or material omission, in any book of account or other document (†). There is, moreover, a provision that no criminal proceeding in respect of the above misdemeanors, shall affect any remedy, at law or in equity, which a person aggrieved by them might otherwise have had (u); or affect any agreement or security given by a trustee, having for its object the restoration or repayment of trust property mis-appropriated (x). (9) 24 & 25 Vict. c. 96, s. 81. (2) Sect. 86. But, on the other hand, no conviction shall be received in evidence against the offender, either at law or in equity. (x) Sect. 85. As to larcenies committed by one of several partners on the partnership property, see 31 & 32 Vict. c. 116, s. 1; as to the misappropriation of municipal funds, see 39 & 40 Vict. c. 20, s. 3; as to embezzlement of property of trades unions, see 34 & 35 Vict. 5. Larcenies, &c. in relation to the Post office. By 7 Will. IV. & 1 Vict. c. 36, every person employed under the Post office, who shall, contrary to his duty, open or procure or suffer to be opened, or wilfully detain or delay, or procure or suffer to be detained or delayed, a post letter, shall be guilty of a misdemeanor; and may be punished by fine or imprisonment, or both, as to the court shall seem meet (a). By other provisions, every person so employed, who shall steal, or for any purpose embezzle, secrete or destroy a post letter, shall be guilty of felony, and he is punishable with penal servitude for not more than seven nor less than five years, or with imprisonment (with or without hard labour and solitary confinement) for not more than two years (b) and if the letter contain any chattel, money, or valuable security, then the term of penal servitude may be for life (c). Again, every person so employed, who shall steal, or, for any purpose, embezzle, secrete or destroy, or wilfully detain or delay in the course of conveyance or delivery by post, any printed votes or proceedings in parliament, or any printed newspaper or other printed paper sent by the post without covers, or in covers open at the sides, shall be guilty of a misdemeanor punishable by fine or imprisonment, or both, as to the court shall seem meet (d). These provisions relate only to offences by persons employed in the Post office: but by other enactments, any person who shall steal out of a post letter any chattel or money or valuable security; or shall steal a post letter-bag; or a post letter from a post letter-bag, or from a post office or officer of the post, or a mail; or shall c. 31, s. 62, and 39 & 40 Vict. c. 22, 8. 5; of friendly societies, 38 & 39 Vict. c. 60, s. 16; and of industrial societies, 39 & 40 Vict. c. 45, s. 12. (a) 7 Will. 4 & 1 Vict. c. 36, s. 35. (b) Sect. 26; and see 9 & 10 Vict. c. 24, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3; 27 & 28 Vict. c. 47. (c) 7 Will. 4 & 1 Vict. c. 36, 8s. 25, 41, 42; and see 3 & 4 Vict. c. 96; 9 & 10 Vict. c. 24, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. As to these provisions, see R. v. Rathbone, 1 Car. & M. 220; R. v. Mence, ib. 234; R. v. Young, 2 Car. & K. 466; R. v. Glasse, 2 Cox's Cr. C. 236; R. v. Reason, 1 Dearsley's Cr. C. R. 226; and R. v. Shepherd, ib. 606. 32. (d) 7 Will. 4 & 1 Vict. c. 36, s. stop a mail with intent to rob or search the same; shall be guilty of felony: and he may be sentenced to the same punishments as for the felony last before mentioned (e). And any person who shall steal or unlawfully take away a post letter-bag sent by a post office packet, or a letter out of such bag; or who shall unlawfully open any such bag;-shall be guilty of felony: and he may be sentenced to the same punishments, except that, if by way of penal servitude, the term must not exceed fourteen years (ƒ). And any person who shall fraudulently retain, or wilfully secrete, or keep, or detain; or, on being required so to do by some officer of the Post office, shall neglect or refuse to deliver up a post letter which ought to have been delivered to some other person; or who shall neglect or refuse to deliver up a post letter-bag, or post letter which shall have been sent and lost, and which shall have come into his possession;-shall be guilty of a misdemeanor, and be punishable with fine and imprisonment (g). Having now considered the several kinds of larcenies, whether simple or with aggravation, we must refer, under the same head, to that offence so closely connected with larceny itself, of receiving stolen property knowing the same to have been stolen (h). This offence was, at common law, (e) 7 Will. 4 & 1 Vict. c. 36, ss. 27, 28, 41, 42; 9 & 10 Vict. c. 24, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. As to this offence, see R. v. Harley, 1 Car. & Kir. 89. (ƒ) 7 Will. 4 & 1 Vict. c. 36, ss. 29, 41, 42; and see 9 & 10 Vict. c. 24, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3; R. v. Jones, 2 Car. & K. 236. (g) 7 Will. 4 & 1 Vict. c. 36, s. 31. By 11 & 12 Vict. c. 88, s. 4, every officer of the Post office who shall grant or issue any money order with a fraudulent intent, shall be guilty of felony: and he is liable at the discretion of the court, to penal servitude for not more than seven nor less than five years, or imprisonment for any term not exceeding three years. (11 & 12 Vict. c. 88, s. 4; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3; 27 & 28 Vict. c. 47.) As to postal orders, see 43 & 44 Vict. c. 33, ss. 3, 4. (h) As to the indictment for this offence, see 24 & 25 Vict. c. 96, s. 92, making it lawful, in an indictment for stealing, to add a count for receiving the same property, knowing it to have been stolen. may a misdemeanor only; but was afterwards made felony by several statutes not in force at the present day (i). It is, however, now provided by 24 & 25 Vict. c. 96, s. 91, that whoever shall receive any chattel, money, or valuable security, or other property whatever (knowing the same to have been feloniously stolen, taken, extorted, obtained, embezzled, or disposed of), the stealing, taking, extorting, obtaining, embezzling or otherwise disposing whereof shall amount to felony, either by common law or by virtue of that Act, shall himself be guilty of felony (); and he be indicted and convicted either as an accessory after the fact, or for a substantive felony, and that whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice; and, however convicted, such guilty receiver is liable at the discretion of the court to penal servitude for a term not exceeding fourteen years nor less than five years, or to imprisonment, (with or without hard labour and solitary confinement,) for a term not exceeding two years; and, if a male under the age of sixteen, he may also be whipped, if the court think fit, in addition to any other imprisonment awarded (7). If, however, the thing received was such that its stealing, taking, obtaining, converting or disposal is made a misdemeanor by the 24 & 25 Vict. c. 96, then its guilty reception is also a misdemeanor only, and is punishable with penal servitude to the extent of seven years, or by imprisonment, as in the case (i) In the time of Blackstone receivers of stolen property might be indicted as accessories after the fact and transported for fourteen years. He remarks (vol. iv. p. 38), that in France such receivers were punished with death; and that, according to the Gothic constitution, there were three sorts of thieves, "unum qui consilium daret, alterum qui contrectaret, tertium qui receptaret et occu leret; pari pænæ singulos obnoxios." -And he cites Stiern. de Jure Goth. 1. 3, c. 5. (k) It is immaterial that the intention with which he receives them, is for concealment and not for profit. (R. v. Richardson, 6 Car. & P. 335; R. v. Davis, ib. 177.) (7) 24 & 25 Vict. c. 96, s. 91. See 27 & 28 Vict. c. 47. |