valuable se are entrusted of 50 Geo. 3, c. 59, it is enacted, sect. 1, that if any person em- Persons in the public ployed (m) in the public service of his Majesty, and entrusted, service emby virtue of such employment (n), with the receipt, custody, bezzling any management or control of any chattel, money or valuable money or security, shall embezzle the same (o), or any part thereof, or in curities with any manner fraudulently apply or dispose of the same, or any which they part thereof, to his own use or benefit, or for any purpose what- to be deemed soever, except for the public service, every such offender shall guilty of be deemed to have stolen the same, and shall, in England and felony, &c. Ireland, be deemed guilty of felony, and, in Scotland, of a high crime and offence, and, on being thereof convicted in due form of law, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned, with or without hard labour, as to the court shall seem meet for any term not exceeding three years (p). under the luable secu Sect. 2. That every tally, order or other security whatsoever, Sect. 2. entitling or evidencing the title of any person or body corporate What to be to any share or interest in any public stock or fund, whether of included the United Kingdom, or of Great Britain, or of Ireland, or of words "vaany foreign state, or to any share or interest in any fund of any rities." body corporate, company or society, or to any deposit in any savings bank, and every debenture, deed, bond, bill, note, warrant, order or other security whatsoever for money, or for payment of money, whether of this kingdom or of any foreign state, and every warrant or order for the delivery or transfer of any goods or valuable thing shall, throughout this act, be deemed for every purpose to be included under, and denoted by, the words "valuable security ;" and that if any person so employed and entrusted as aforesaid shall embezzle or fraudulently apply or dispose of any such valuable security as aforesaid, he shall be (m) Acting in the employment is sufficient without proof of formal appointment, R. v. Borrett, 6 C. & P. 124; R. v. Townsend, Carr. & M. 178. (n) In R. v. Townsend, Carr. & M. 178, it was held that a post office letter-carrier, who was in the daily habit of calling at the lodge of G. Infirmary, and there receiving letters with a penny on each to prepay the postage, and taking them to the General Post Office, having embezzled some of the pence thus received, might be convicted under this act; as there was evidence to go to the jury that the pence were received by him by virtue of his employment as a lettercarrier. (0) It was held to be sufficient in an indictment under this act, to state that a clerk embezzled money received by him whilst such (p) See now 20 & 21 Vict. c. Property to be de cnbed as the King's. Venue. R. v. Moah. deemed to have stolen the same within the intent and meaning of this act, and shall be punishable thereby in the same manner as if he had stolen any chattel of like value with the share, interest or deposit to which such security may relate, or with the money due on such security, or secured thereby, and remaining unsatisfied, or with the value of the goods or other valuable thing mentioned in such security. Sect. 3 is similar to sect. 48 of 7 & 8 Geo. 4, c. 29, ante, p. 313. By sect. 4. That in every such case of embezzlement, or fraudulent application or disposition as aforesaid, of any chattel, money or valuable security, it shall be lawful, in the order of committal, by the justice of the peace before whom the offender shall be charged, and in the indictment to be preferred against such offender, to lay the property of any such chattel, money or valuable security as aforesaid in the King's Majesty. And by sect. 5. That every offender against this act may be dealt with, indicted, tried and punished either in the county or place in which he shall be apprehended, or in the county or place where he shall have committed the offence. The following important case (q) may be mentioned here. M., an officer of inland revenue, received certain taxes in respect of which he was allowed to retain in his hands a balance of about 300l. to meet contingent expenses. It was his duty to render accounts to certain inspectors, and these accounts, when rendered, showed a much larger balance in his hands than he was allowed to retain. At last the General Surveyor of Inland Revenue examined M.'s accounts, and produced to him a statement extracted from them, showing a balance in his hands of upwards of 5,0007., which he admitted. The surveyor then asked him if he was prepared to pay over that balance, or any part of it, and he said no. The surveyor then reminded him that there was a balance of excise duties alone of about 3007. standing against him from the previous Monday. M. then took out 2557. in bank notes, and a cheque for 25l. 8s. 4d., and a money order for 14s., and said that was all the money he had in the world. The surveyor then asked him what he had done with the rest, and he said he had spent it in an unfortunate speculation. He was indicted for embezzlement under 2 Will. 4, c. 4, s. 1, and convicted, as it was held by all the judges before whom the case was argued, that there was evidence of the receipt of a particular sum of 3007., and a misapplication of part of it. And Cresswell, J., after stating his opinion to that effect, added: "I by no means say that the conviction is not sustainable as to the 5,000l. It is a question of law of great importance, and the authorities are somewhat conflicting. In R. v. Grove (r), under circumstances somewhat similar, the conviction was sustained by a majority of eight judges to seven; but in a subsequent case that decision was not followed, and was said to have proceeded upon some special facts. In R. v. Lambert (s), however, which cannot be distinguished from this case, my brother Erle held that evidence of a general deficiency (q) R. v. Moah, Dears. C. C. 626; S. C. 25 L. J., M. C. 66. (r) Supra, p. 310. (s) Supra, p. 312. was sufficient to sustain the indictment. As at present advised, I should say that the prisoner being shown by his own accounts to have a balance in hand of 5,000l. due to the Crown, and he making no attempt to explain it on the ground of error or loss of the money, merely says that he has expended it for his own purposes, he may upon that evidence be convicted of embezzling the money, and that having been once indicted for embezzling the whole amount, and either convicted or acquitted, he never could be indicted again for embezzling any part of it. I merely throw this out as showing my grounds for saying that I am by no means satisfied that this indictment is not sustainable as to the whole amount of the prisoner's deficiency." EMBEZZLEMENT, &c., BY OFFICERS AND SER- breaking By stat. 15 Geo. 2, c. 13, s. 12, it is enacted, that if any 15 Geo. 2, officer or servant of the said company, being entrusted with (1) c. 13, s. 12. any note, bill, dividend warrant, bond, deed or any security, Servants money or other effects (u) belonging to the said company, or their trust to having any bill, dividend warrant, bond, deed or any security the company. or effects of any other person or persons lodged or deposited with the said company, or with him as an officer or servant of the said company, shall secrete, imbezil, or run away with any such note, bill, dividend warrant, bond, deed, security, money or effects, or any part of them, every officer or servant so offending, and being thereof convicted in due form of law, shall be deemed guilty of felony, and shall suffer [death as a felon, without benefit of clergy]. Provisions similar to the above are also contained in 35 Geo. 3, 35 Geo. 3, c. 66, s. 6 (whereby certain Irish Annuities were transferred to c. 66. the Bank of England), and 37 Geo. 3, c. 46, s. 6 (whereby 37 Geo. 3, certain other annuities were also transferred to the Bank of England). c. 46. The punishment of death, however, for these offences was Punishment. abolished by 4 & 5 Vict. c. 56, by sect. 1 of which act it is 4 & 5 Vict. enacted, that persons convicted of offences against the act 15 c. 56. Geo. 2, c. 13, s. 12, shall be liable, at the discretion of the Transportacourt, to be transported beyond the seas for the term of the tion or imprisonment; natural life of such person, or for any term not less than seven years, or to be imprisoned for any time not exceeding three years" (x). And by sect. 4, it is also enacted, "That in awarding the with or withpunishment of imprisonment for any offence punishable under out hard (1) A person cannot be convicted under this act who merely has access to notes, &c., but is not entrusted with them, Bakewell's Case, Russ. & Ry. 35; and see Phillips v. Huth, 6 M. & W. 572; Hatfield v. Phillips, 14 M. & W. 665. (u) In R. v. Aslett, 1 Bos. & P., N. R. 1, it was held, that Exchequer bills, signed by a (r) See now 20 & 21 Vict. c. labour and solitary this act, it shall be lawful for the court to direct such punishconfinement. ment to be with or without hard labour in the common gaol or Trial of offences. Clerks of the warrants for a greater or less sum than what is really due, felony. house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, whether the same be with or without hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the court in its discretion shall seem meet." By sect. 6, such offences are not triable before any justices of the peace at any general or quarter sessions of the peace. And by stat. 11 Geo. 4 & 1 Will. 4, c. 66, s. 9, it is enacted fully making that if any clerk, officer or servant of or other person employed out dividend or entrusted by the governor and company of the Bank of England, or the governor and company of merchants commonly called the South Sea Company, shall knowingly make out or deliver any dividend warrant for a greater or less amount than the person or persons on whose behalf such dividend warrant shall be made out is or are entitled to, with intent to defraud any person whatsoever, every such offender shall be guilty of felony; and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years, nor less than one year (y). EMBEZZLEMENT, &c., BY OFFICERS AND SER- The stat. 21 & 22 Geo. 3, c. 16, s. 16, relating to the Bank of Ireland, contains a provision similar to that in the 15 Geo. 2, c. 13, s. 12, relating to the Bank of England, supra, p. 319. And the stat. 5 & 6 Vict. c. 28, ss. 4, 19, contains provisions regulating the punishment of such offences, exactly similar to those contained in the 4 & 5 Vict. c. 56, ss. 1, 4, and 20 & 21 Vict. c. 3, supra, p. 319. EMBEZZLEMENT, &c., BY OFFICERS AND SER. The stat. 24 Geo. 2, c. 11, s. 3, contains a provision similar to that in the 15 Geo. 2, c. 13, s. 12, relating to the Bank of England, supra, p. 319. The punishment of these offences is now regulated by the stat. 4 & 5 Vict. c. 56, ss. 1, 4; and 20 & 21 Vict. c. 3, supra, p. 319. And see supra, 11 Geo. 4 & 1 Will. 4, c. 66, s. 9, as to making out false dividend warrants. OFFENCES BY OFFICERS AND SERVANTS EM- By the stat. 7 Will. 4 & 1 Vict. c. 36, which consolidated the law relating to the post-office, it is enacted, sect. 25, "That every person employed by or under the post-office who shall, contrary to his duty, open or procure or suffer to be opened a (y) See now 20 & 21 Vict. c. 3. meanor. post letter, or shall wilfully detain or delay or procure or suffer post letters to be detained or delayed a post letter, shall in England and a misdeIreland be guilty of a misdemeanor, and in Scotland of a crime and offence, and, being convicted thereof, shall suffer such punishment by fine or imprisonment or by both as to the court shall seem meet. Provided always, that nothing herein con- Proviso. tained shall extend to the opening or detaining or delaying of a post letter returned for want of a true direction; or of a post letter returned by reason that the person to whom the same shall be directed is dead or cannot be found, or shall have refused the same, or shall have refused or neglected to pay the postage thereof, nor to the opening or detaining or delaying of a post letter in obedience to an express warrant in writing under the hand (in Great Britain) of one of the principal secretaries of state; and in Ireland under the hand and seal of the Lord Lieutenant of Ireland." of any letter Sect. 26. "That every person employed under the Post Office Sect. 26. who shall steal or shall for any purpose whatever embezzle, Embezzlesecrete (z) or destroy a post letter shall in England and Ireland ment, &c., be guilty of felony, and in Scotland of a high crime and offence, or packet, and shall, at the discretion of the court, either be transported felony. beyond the seas for the term of seven years (a), or be imprisoned for any term not exceeding three years; and if any such post letter so stolen or embezzled, secreted or destroyed shall contain therein any chattel or money whatsoever, or any valuable security, every such offender shall be transported beyond the seas for life." votes or pro or other By sect. 32. For the protection of printed votes and pro- Sect. 32. ceedings in Parliament, and printed newspapers sent by the Stealing, &c., post, it is enacted, that every person employed in the Post any printed Office who shall steal, or shall, for any purpose, embezzle, ceedings in secrete (b) or destroy, or shall wilfully detain or delay, in Parliament, course of conveyance or delivery thereof by the post, any newspapers printed votes or proceedings in Parliament, or any printed printed newspaper, or any other printed paper whatever sent by the paper, mispost without covers, or in covers open at the sides, shall, in England and Ireland, be guilty of a misdemeanor and in Scotland of a crime and offence, and, being convicted thereof, shall suffer such punishment by fine or imprisonment, or by both, as to the court shall seem meet. demeanor. Since the passing of this Act of Parliament, which contains Embezzling no provision for the punishment of embezzlement of monies re- postage of (z) In an indictment for secreting a letter, it is not necessary to state the purpose for which the letter was secreted, R. v. Wynn, 2 C. & K. 859. In that case a person employed in the post office committed a mistake in the sorting of two letters containing money, and to avoid a supposed penalty attached to such a mistake he threw the let ters unopened and the money (a) See now 20 & 21 Vict. c. 3. (b) See R. v. Wynn, 2 C. & K. 859, supra, note (≈). letters. |