larceny. Where it appeared that the prisoner had purloined his master's property to a very considerable amount, but it was not shown that he had ever taken to the amount of 40s. at any one particular time, upon an indictment under the 12 Anne, c. 7, the court held that the property stolen must not only be in the whole of such a value as the law requires to constitute a capital offence, but that it must be stolen to that amount at one and the same time; that a number of distinct petty larcenies could not be combined so as to constitute grand larceny, nor could any distinct number of grand larcenies be added together, so as to constitute a capital offence. R. v. Petrie, 1 Leach, 295. And the same was ruled by Ashhurst, J., in a *subsequent case. R. v. Farley, 2 East, P. C. 740. But it may vary the consideration, if the property of several [*455 sons lying together in one bundle or chest, or even in one house, be stolen together, at one time; for there the value of all may be put together, so as to make it grand larceny, or to bring it within a statute which aggravates the punishment, for it is one entire felony. 2 East, P. C. 470. And where, under the statute of Anne, the property was stolen at one time to the value of 408., and a part of it only, not amounting to 408., was found upon the prisoner, the court left it to the jury to say whether the prisoner had not stolen the remainder of the property, which the jury accordingly found. R. v. Hamilton, 1 Leach, 348; 2 Russ. Cri. 67, 5th ed. per Where the prisoner, who was in prosecutor's service, stole a quantity of lace in several pieces, which were not separately worth 57., and brought them all out of his master's house at one time, Bolland, B., held that the offence was made out, although it was suggested that the prisoner might have stolen the lace a piece at a time. R. v. Jones, 4 C. & P. 217, 19 E. C. L. The learned baron mentioned a case tried before Garrow, B., where it appeared that the articles, which were separately under the value of 5l., were in fact stolen at different times, but were carried out of the house all at once, and the latter learned judge held, after much consideration, that as the articles were brought out of the house all together, the offence (which was then capital) was committed. See a similar case as to injuries to trees, post, tit. "Trees and other vegetable productions.” Offences at Parliamentary elections.1 By the Ballot Act, 1872 (35 & 36 Vict. c. 33) it is enacted (s. 3) with respect to Parliamentary elections, that "Every person who (1) "Forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the returning officer any nomination paper knowing the same to be forged; or (2) "Forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper; or (3) "Without due authority supplies any ballot paper to any per son; or (4) "Fraudulently puts into any ballot-box any paper other than the ballot paper which he is authorized by law to put in; or or (5) Fraudulently takes out of the polling station any ballot paper; (6) "Without due authority destroys, takes, opens, or otherwise interferes with any ballot-box or packet of ballot papers then in use for the purposes of the election, shall be guilty of a misdemeanor, and be liable, if he is a returning officer or an officer or clerk in attendance at a polling station, to imprisonment for any term not exceeding two years, with or without hard labor, and if he is any other person, to imprisonment for any term not exceeding six months with or without hard labor. Any attempt to commit any offence specified in this section shall be punishable in the manner in which the offence itself is punishable. In any indictment or other prosecution for an offence in relation to the nomination papers, ballot-boxes, ballot papers and marking instruments at an election, the property in such papers, boxes, and instruments may be stated to be in the returning officer at such election, as well as the property in the counterfoils." There does not appear to be any provision whatever in this act which provides for the payment of the expenses of the prosecution with respect to the above offences. At the trial of an indictment charging the prisoner with having fraudulently placed papers purporting to be, but to his knowledge 1On a trial for carrying arms near an election poll, where the defence was that he had been appointed a special police officer, and therefore had a right to carry arms, it was held that a period of five months since the appointment was made, raised a presumption that the emergency had ceased, and with it the authority and immunities of a peace officer. Shell v. State, 4 Tex. App. 171. not being, ballot papers in the ballot-box, the counterfoils, voting papers, and marked register, produced under order duly made by authority of the statute, may be given in evidence, and the face of the voting papers may be inspected so as to show how the votes *appeared to have been given. R. v. Beardsall, 1 Q. B. D. 452; 45 L. J., M. C. 157. [*457 By the Corrupt Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), offences at elections have been more clearly defined and extended, and stringent regulations affecting the conduct of elections have been passed. Many of these offences are punishable upon summary conviction, and are not within the scope of this work. Most of the offences punishable upon indictment, such as Corrupt Practices, etc., etc., will be found treated of, ante, tit. "Bribery," and the sections relating to legal proceedings under the act are there set out. The offence of personation at elections will be found treated of, post, tit. "False Personation." By s. 41, sub-s. 4, If any person makes any agreement or terms, or enters into any undertaking in relation to the withdrawal of an election petition, and such agreement, terms, or undertaking is or are for the withdrawal of the election petition in consideration of any payment, or in consideration that the seat shall at any time be vacated, or in consideration of the withdrawal of any other election petition, or is or are, whether lawful or unlawful, not mentioned in the aforesaid affidavits (see the former part of the section), he shall be guilty of a misdemeanor, and shall be liable, on conviction or indictment, to imprisonment for a term not exceeding twelve months, and to a fine not exceeding 2001. Offences at municipal elections. By 45 & 46 Vict. c. 50, s. 74, (1) If any person forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the town clerk any forged nomination paper, knowing it to be forged, he shall be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding six months, with or without hard labor. (2) An attempt to commit any such offence shall be punishable as the offence is punishable. Bribery at elections. See ante, tit. "Bribery." Personation at elections. See post, tit. "False Personation." False declarations at elections. See post, tit, "False Declarations." *458] *EMBEZZLEMENT, PAGE Embezzlement by clerks or servants 458 by persons in the queen's service or by the police Venue in embezzlement by persons in the queen's service or by the police 459 459 Form of warrant of commitment and indictment in the same cases. 459 459 Where part of the property is to be returned turn out to be larceny, and vice versa. Description of property in the indictment. Person indicted for embezzlement not to be acquitted if the offence Summary jurisdiction Embezzlement by officers of the banks of England or Ireland of property of a trade union of property by partners by officers of savings banks Embezzling warehoused goods Embezzlement of naval and military stores of post letters 460 460 460 460 461 461 461 461 461 461 461 woollen, mohair, silk, and other manufactures 461 Falsification of accounts Particularity with which the crime must be laid and proved 475 Particulars of the embezzlement 478 Proof of the thing embezzled 478 Proof of embezzlement by officers, etc., of the banks of England and 478 s. 68, Embezzlement by clerks or servants. By the 24 & 25 Vict. c. 96, "whosoever being a clerk or servant, or being employed for the *459] *purpose or in the capacity of a clerk or servant, shall fraudulently embezzle any chattel, money, or valuable security, which shall be delivered to or received or taken into possession by him for or in the name or on the account of his master or employer, or any part thereof, shall be deemed to have feloniously stolen the same L from his master or employer, although such chattel, money, and security, was not received into the possession of such master or employer otherwise than by the actual possession of his clerk, servant, or other person so employed, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three [now five] years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping." Embezzlement by persons in the queen's service, or by the police. By s. 70, "whosoever being employed in the public service of her Majesty, or being a constable or other person employed in the police of any county, city, borough, district, or place whatsoever, and in trusted by virtue of such employment with the receipt, custody, management, or control of any chattel, money, or valuable security, shall embezzle any chattel, money, or valuable security, which shall be intrusted to, or received, or taken into possession by him by virtue of his employment, or any part thereof, or in any manner fraudulently apply or dispose of the same, or any part thereof, to his own use or benefit, or for any purpose whatsoever, except for the public service, shall be deemed to have feloniously stolen the same from her Majesty, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three [now five] years, or to be imprisoned for any term not exceeding two years." Venue in embezzlement by persons in the queen's service, or by the police. By the same section every offender against this provision may be dealt with, indicted, tried, and punished, either in the county or place in which he shall be apprehended, or be in custody, or in which he shall have committed the offence." Form of warrant of commitment and indictment in the same cases. By the same section, in every case of embezzlement under this section "it shall be lawful in the warrant of commitment 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 in her Majesty. Distinct acts of embezzlement may be charged in the same indictment. By s. 71, " for preventing difficulties in the prosecution of offenders in any case of embezzlement, or fraudulent application or disposition hereinbefore mentioned, it shall be lawful to charge in the indictment and proceed against the offender for any number of distinct acts of embezzlement, or of fraudulent application or disposition, not exceeding three, which may have been committed by him against her Majesty, or against the same master or em |