only, or whether they make it essential that the letter should come to his hands in the course of his duty. I am inclined to think that they relate merely to time, because the words, 'in consequence of such employment,' are used in another part of the section."(k)

Under the 52 Geo. 3, c. 143, s. 3, which provided for the stealing mail bags, &c., from " any carriage or from the possession of any person employed to convey letters,' in a case where a mail rider had fixed the mail portmanteau on the saddle of his horse, containing four bags of letters, and had slung the bridle of his horse on a staple at the stable-door of the post-office about thirty yards from the door of the house, and then went into the house to put on his great-coat, and stayed about two minutes, and in the interval the robbery took place; it was held to be a stealing from the possession of the mail rider.(7)

By the 17 & 18 Vict. c. 83, s. 27, any unstamped document may be received in evidence in criminal cases, and it is therefore unnecessary to retain the old cases on the admissibility of unstamped documents.

By the 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 in England and Ireland be guilty of felony, and in Scotland of a high crime and offence, and shall at the discretion of the court either be transported beyond the seas for the term of seven years(m) or be imprisoned for any term not exceeding three years."(n)

Upon an indictment for any offence mentioned in this chapter the prisoner may, under the 14 & 15 Vict. c. 100, s. 9, be convicted of an attempt to committ that offence, and may thereupon be punished in the same manner as if he had been convicted on an indictment for such attempt.(0)

*CHAPTER THE TWENTY-FOURTH.

[*516

OF LARCENY AND EMBEZZLEMENT OF NAVAL AND MILITARY STORES.

THE 4 Geo. 4, c. 53, enacts, "That every person who shall be lawfully convicted of stealing or embezzling His Majesty's ammunition, sails, cordage, or naval or military stores, (a) or of procuring, counselling, aiding or abetting any such offender, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, (b) or to be imprisoned only, or to be imprisoned and kept to hard labor in the common gaol or house of correction for any term not exceeding seven years." (c)

The 9 Geo. 3, c. 30, s. 5, enabled the treasurer, comptroller, surveyor, clerk of the acts, or any commissioner of the navy for the time being, from time to time in all places whatsoever, to exercise the office of a justice of the peace in causing any person who shall be charged with stealing or embezzling of any naval stores, the

(k) Rex v. Salisbury, 5 C. & P. 155 (24 E. C. L. R.), and MSS. C. S. G. The new Act omits the distinction contained in the 52 Geo. 3, c. 143.

(1) Rex v. Robinson, 2 Stark. N. P. C. 485 (3 E. C. L. R.), Wood, B.

(m) Penal servitude for any term not exceeding seven, and not less than three years, by the 20 & 21 Vict. c. 3, ante, vol. 1, p. 4.

(n) By sec. 5, in any indictment, &c., for any felony or misdemeanor committed or attempted to be committed in respect of anything relating to the post-office, it shall be sufficient in every place to name "Her Majesty's Postmaster-General," without any further description.

(0) Ante, vol. 1, p. 1.

(a) The 25 & 26 Vict. c. 64, s. 4, repeals the whole of this Act "as to Her Majesty's naval and victualling stores," but the repeal does not extend to Scotland or Ireland; and all the other provisions except those set out in the text had previously been repealed by the 7 & 8 Geo. 4, c. 27. There is a bill pending to repeal the 25 & 26 Vict. c. 64.

(b) Penal servitude for life, or for any term not less than three years, by the 20 & 21 Vict. c. 3, ante, vol. 1. p. 4.

(c) No provision is made by the 4 Geo. 4, for the punishment of accessories after the fact; they are therefore punishable under the 24 & 25 Vict. c. 94. See vol. i. p. 69.

516 OF LARCENY OF CLOTH, &C., IN PROCESS OF MANUFACTURE. [BOOK IV. property of His Majesty, to be apprehended, committed, and prosecuted for the same; and it requires all constables and other officers to execute and obey all warrants of such persons; but it seems doubtful whether this Act be still in force. Provision is made by the annual Mutiny Acts for the punishment of persons embezzling military and naval stores, by the proceedings of a court martial, but as alterations are made in these provisions from time to time, it is not advisable to introduce them in this place.

*517]

*CHAPTER THE TWENTY-FIFTH.

OF LARCENY OF CLOTH AND OTHER ARTICLES IN A PROCESS OF MANUFACTURE.

PARTICULAR provisions have been enacted by several statutes for punishing the embezzlement of articles in a course of manufacture, which, as they relate to petty offenders (principally workmen employed in particular manufactories), and subject them to the summary jurisdiction of justices of the peace, do not come within the scope of this treatise.(a)

By the 24 & 25 Vict. c. 96, s. 62, "whosoever shall steal, to the value of ten shillings, any woollen, linen, hempen, or cotton yarn, or any goods or article of silk, woollen, linen, cotton, alpaca, or mohair, or of any one or more of those materials mixed with each other, or mixed with any other material, whilst laid, placed, or exposed, during any stage, process, or progress of manufacture, in any building, field, or other place, shall be guilty of felony, 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 years,- -or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(b)

By the 24 & 25 Vict. c. 96, s. 98, principals in the second degree and accessories before the fact are punishable in the same manner as principals in the first degree; and accessories after the fact (except receivers of stolen property) are liable to be imprisoned for any term not exceeding two years.(c)

Some questions may possibly arise upon the words "laid, placed, or exposed during any stage, process, or progress of manufacture in any building, field, or other places." Where the prisoner was indicted upon the 18 Geo. 2, c. 27, for stealing yarn out of a bleaching-ground, the evidence was that the yarn had been spread upon the ground, but was afterwards taken up and thrown into heaps in order to be carried into the house, in which state some of it was stolen by the pri soner; Thompson, B., held that the case did not come within the statute, as there was no occasion to leave the yarn upon the ground in the state in which it was taken by the prisoner. (d) So in another case upon that statute, where the indictment was for stealing calico placed to be printed and dried in a certain building, it was held that, in order to support the capital charge, it was necessary to

*518] prove that the building from which the calico was stolen was made use of either for drying or printing calico.(e) But it should be observed, that this repealed statute mentioned particularly a building, &c., made use of by any calico printer, &c., for printing, whitening, bowking, bleaching, or drying.

It has been decided upon the 7 & 8 Geo. 4, c. 30, s. 3, that goods remain in a

(a) The greater part of them will be found in 5 Burn's Just. tit. Servants. (6) This clause is framed on the 7 & 8 Geo. 4, c. 29, s. 16, and the 9 Geo. 4, c. 55, s. 16 (I.), with the additions in italics. As to hard labor, &c., see ante, p. 67. The Act does

not extend to Scotland.

(c) Ante, p. 67. As to the proceedings against accessories, see vol. 1, p. 67, et seq. (d) Hugill's case, cor. Thompson, B., at York, 4 Blac. Com. 240, note (8), ed. 1800. (e) Rex v. Dixon, R. & R. 53.

"stage," "process," or "progress of manufacture," though the texture be complete, if they be not yet brought into a condition fit for sale. (f)

Upon the trial for any offence mentioned in this chapter the jury may, under the 14 & 15 Vict. c. 100, s. 9, convict the prisoner of an attempt to commit the same, and thereupon he may be punished in the same manner as if he had been convicted on an indictment for such attempt.(g)

*CHAPTER THE TWENTY-SIXTH.

OF LARCENY BY TENANTS AND LODGERS.

[*519

Ir was long doubted whether, as a lodger had a special property in the goods which were let with his lodgings, the stealing of them was felony :(a) and it was at length decided by a majority of the judges that it was not. (b) In consequence of this decision, the 3 Wm. & M. c. 9, s. 5, was passed; but several points of nicety and difficulty arose upon the construction of this statute, and upon the statement of the contract in the indictment, and it was repealed by the 7 & 8 Geo. 4, c. 27, and the 7 & 8 Geo. 4, c. 29, s. 45, substituted a more simple enactment; but that statute is now repealed.

By the 24 & 25 Vict. c. 96, s. 74, "whosoever shall steal any chattel or fixture let to be used by him or her in or with any house or lodging, whether the contract shall have been entered into by him or her, or by her husband, or by any person on behalf of him or her or her husband, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, 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, and in case the value of such chattel or fixture shall exceed the sum of five pounds, shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three 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; and in every case of stealing any chattel in this section mentioned it shall be lawful to prefer an indictment in the common form as for larceny, and in every case of stealing any fixture in this section mentioned to prefer an indictment in the same form as if the offender were not a tenant or lodger, and in either case to lay the property in the owner or person letting to hire."(c)

By the 24 & 25 Vict. c. 96, s. 98, principals in the second degree and accessories before the fact are punishable in the same manner as principals in the first degree, and accessories after the fact *(except receivers) are liable to be imprisoned for any term not exceeeding two years.(d)

[*520

There may be a conviction of an attempt to commit any offence mentioned in this chapter upon the trial for that offence, and the prisoner may thereupon be punished accordingly.(e)

(f) Rex v. Woodhead, 1 M. & Rob. 549, Coleridge, J. See this case, post.

(g) Ante, vol. 1, p. 1.

(a) Raven's alias Aston's case, Kel. 24, 81; 1 Hawk. P. C. c. 43, s. 2. (b) Meere's case, Show. 50.

The ground of this decision was that the lodger, and not the landlord, has the possession during the time for which the lodgings are let, and therefore the landlord cannot maintain trespass for taking the goods: Rex v. Belstead, MS., Bayley, J, and R. & R. 411.

(c) This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 45; 9 Geo. 4, c. 55, s. 38 (I.); and 12 & 13 Vict. c. 11, s. 2. As to hard labor, &c., see ante, p. 67. The Act does not extend to Scotland

(d) See the section, ante, p. 67; and as to the proceedings against accessories, see vol. 1, p. 67, et seq.

(e) See the 14 & 15 Vict. c. 100, s. 9, ante, vol. 1, p. 1.

*521]

*CHAPTER THE TWENTY-SEVENTH.

OF EMBEZZLEMENT AND FRAUDS BY BANKRUPTS.

THE 24 & 25 Vict. c. 134. " An Act to amend the law relating to bankruptcy and insolvency in England," (a) by sec. 69, enacts that "all debtors, whether traders or not, shall be subject to the provisions of this Act."

By sec. 221, "any bankrupt who shall do any of the acts or things following, with intent to defraud or defeat the rights of his creditors, shall be guilty of a misdemeanor, and shall be liable, at the discretion of the court before which he shall be convicted, to punishment by imprisonment for not more than three years, or to any greater punishment attached to the offence by any existing statute:

"1. If he shall not upon the day limited for his surrender, and before three of the clock of such day, or at the hour and upon the day allowed him for finishing his examination, after notice thereof in writing, to be served upon him personally or left at his usual or last known place of abode or business, and after the notice herein directed in the London Gazette, surrender himself to the court (having no lawful impediment allowed by the court), and sign or subscribe such surrender, and submit to be examined before such court from time to time:

2. If he shall not upon his examination fully and truly discover, to the best of his knowledge and belief, all his property, real and personal, inclusive of his rights and credits, and how and to whom, and for what consideration, and when he disposed of, assigned, or transferred any part thereof, except such part as has been really and bona fide before sold or disposed of in the way of his trade or business, if any, or laid out in the ordinary expense of his family, or shall not deliver up to the court, or dispose of as the court directs of all such part thereof as is in his pos session, custody, or power, except the necessary wearing apparel of himself, his wife and children; and deliver up to the court all books, papers, and writings in his possession, custody, or power relating to his property or affairs:

"3. If he shall, after adjudication, or within sixty days prior to adjudication, with intent to defraud his creditors, remove, conceal, or embezzle any part of his property to the value of ten pounds or upwards:

6.

4. If, in case of any person having to his knowledge or belief proved a false debt under his bankruptcy, he shall fail to disclose the same to his assignees within one month after coming to the knowledge or belief thereof:

*522]

*5. If he shall, with intent to defraud, wilfully and fraudulently omit from his schedule any effects or property whatsoever :

6. If he shall, after the filing of the petition for adjudication, with intent to conceal the state of his affairs, or to defeat the object of the law of bankruptcy, conceal, prevent or withhold the production of any book, deed, paper, or writing relating to his property, dealings, or affairs:

7. If he shall, after the filing of the petition for adjudication, or within three months next before adjudication, with intent to conceal the state of his affairs, or to defeat the objects of the law of bankruptcy, part with, conceal, destroy, alter, mutilate, or falsify, or cause to be concealed, destroyed, altered, mutilated, or falsified, any book, paper, writing, or security, or document relating to his property, trade dealings, or affairs, or make or be privy to the making of any false or fraudu lent entry or statement in or omission from any book, paper, document, or writing relating thereto :

"8. If, within the like time, he shall, knowing that he is at the time unable to meet his engagements, fraudulently and with intent to diminish the sum to be divided amongst the general body of his creditors, have made away with, mortgaged, encumbered, or charged any part of his property, of what kind soever, or if after adjudication he shall conceal from the court or his assignee any debt due to or from him:

"9. If, being a trader, he shall, under his bankruptcy, or at any meeting of his (a) By sec. 231, the Act is confined to England.

creditors within three months next preceding the filing of the petition for adjudicacation, have attempted to account for any of his property by fictitious losses or expenses:

"10. If, being a trader, he shall, within three months next before the filing of the petition for adjudication, under the false color and pretence of carrying on business and dealing in the ordinary course of trade, have obtained on credit from any person any goods or chattels with intent to defraud:

11. If, being a trader, he shall, with intent to defraud his creditors, within three months next before the filing of the petition for adjudication, pawn, pledge, or dispose of, otherwise than by bona fide transactions in the ordinary way of his trade, any of his goods or chattels which have been obtained on credit and remain unpaid for."(b)

*Sec. 225, "In any indictment or information for any misdemeanor under [*523 this Act it shall be sufficient to set forth the substance of the offence charged, without alleging or setting forth any debt, act of bankruptcy, petition, or adjudication, or any summons, warrant, order, rule, or proceeding of or in any court acting under this Act."

Sec. 159. "In granting orders of discharge the following rules shall be observed:

"1. If on the hearing of any application for an order of discharge the assignees or any creditor shall allege, and if with or without such allegation the court shall be of opinion, that there is ground for charging the bankrupt with acts or conduct amounting to a misdemeanor under this Act, the court shall, if the bankrupt consent thereto, direct a clear statement in writing of the charge to be delivered to the bankrupt, and shall appoint a day for trying the bankrupt. on such charge, and, if the bankrupt require it, shall summon a jury for such purpose, and may direct the creditor's assignee, or the official assignee, or any of the creditors of the bankrupt, to act as prosecutor on such trial: Provided always, that in every case of accusation against a bankrupt of acts amounting to a misdemeanor, it shall be competent. to the court to direct that the bankrupt be indicted and prosecuted in one of the ordinary courts of criminal justice; and in all other cases the order of discharge shall take effect immediately from its date, subject to the appeal herein provided:

2. If on such trial by a jury or by the commissioner alone the bankrupt shall be convicted of any offence by this Act made a misdemeanor, the commissioner shall, in addition to the punishment awarded for the offence, have power to direct that the order of discharge be either wholly refused or suspended during such time and upon such conditions as he shall think fit:

"3. If the bankrupt shall not be accused of acts amounting to misdemeanor, or if he shall have been accused and acquitted, but in either case there shall be made, or shall appear to the court to exist, objection to the granting of an immediate discharge, the court shall proceed to consider the conduct of the bankrupt before and

(b) By sec. 222, if it shall appear to any court under the Act that the bankrupt has been guilty of any of the offences in the preceding section set forth, the court may exercise the same jurisdiction for summoning, apprehending, committing, remanding, bailing, and otherwise proceeding in respect of such bankrupt as are exercised by justices of the peace in respect of persons charged with indictable offences; and the provisions of 11 & 12 Vict. c. 42, are extended to proceedings in such cases.

By sec. 223, the court may direct the creditors' assignee, or if there be none the official assignee, or any creditor to act as prosecutor, and may give him a certificate of the court having so directed, and on the production of the certificate, the costs of the prosecution shall be allowed by the court before which any person shall be prosecuted or tried in pursuance of such direction, unless that court shall specially otherwise direct; and the costs so allowed are to be ordered to be paid and borne in the same manner as the costs in prosecutions for felonies; and any expenses incurred by the prosecutor otherwise than those so defrayed in accordance with the next following clause, shall be paid out of the chief registrar's account. See In re Ballard, 9 Law T. R. 399, where an order was made to pay extra costs out of the estate in the hands of the trade assignee, by Goulburn, Com. Sec. 224. The court may direct the assignees to lay the papers before the AttorneyGeneral (or the Solicitor-General during a vacancy in the office of Attorney-General) for his direction thereon, either while the bankruptcy is pending before the court, or when it has been brought to a conclusion."

VOL. II.-26