bankruptcy, either in the way of his trade or otherwise, but either has it still, or has transferred it to some person in trust for him, or the like. It is quite clear, I think, that no accidental omission to state this property in his balance sheet or examination, is within the meaning of the statute.

3. Indictment for not delivering up his Effects, upon his

examination.

[Same as the last form to the asterisk*, and then thus:] And that the said Joseph Styles then and there upon the said examination feloniously did not deliver up to the said commissioners, or to any of them, or to any person on their behalf, certain part of his personal estate, to wit, one gold watch, of the value of twenty pounds, and one diamond ring, of the value of which were then and there in the possession, custody, and power of the said Joseph Styles, (neither of which and no part thereof being the necessary wearing apparel of the said Joseph Styles, his wife, or children); against the form of the statute in such case made and provided, and against the peace of our lord the king, his crown and dignity.

The evidence is similar to that in the last case.

4. Indictment for concealing or embezzling his Effects.

BERKSHIRE, to wit: The jurors for our lord the king upon their oath present, that heretofore and before the committing of the offence hereinafter mentioned, to wit, on the third day of November, in the fifth year of the reign of our sovereign lord William the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, at the parish of in the county aforesaid, a fiat in bankruptcy was issued against Joseph Styles, late of the parish aforesaid, in the county aforesaid, grocer, and the said Joseph Styles was thereupon then and there declared bankrupt; and the said Joseph Styles, so being declared bankrupt as aforesaid, afterwards, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, feloniously did remove, conceal, and embezzle a certain part of his personal estate to the value of ten pounds and upwards, that is to say, one gold watch, of the value of twenty pounds, one diamond ring, of the value of

[so enumerating the articles embezzled, adding the value after each,] with intent thereby then and there to defraud the creditors of him the said Joseph Styles; against the form of the statute in such case made and provided, and against the peace of our lord the king, his crown and dignity.

Evidence.

To maintain this indictment, the prosecutor must prove: 1. The fiat and adjudication, as in the three former cases. 2. The concealment or embezzlement, as stated in the indictment, and that the articles concealed or embezzled were part of the bankrupt's estate. Where the indictment, after specifying several articles without stating the value, added," and one hundred other articles of household furniture, and a certain debt due from one John Taylor to the said prisoner, to the value of twenty pounds and upwards," and the prisoner was convicted, the judges held the conviction to be wrong; the indictment was good only as respected the articles specified, and as an entire value was given to the whole, it did not therefore appear that the specified articles were of the value required by the statute. Rex v. Forsyth, R. & R. 274. For this reason, it is always prudent in such an indictment to insert the value immediately after each article of the goods, &c. stated to have been embezzled. In a case where it appeared that the prisoner, upon his examination before the commissioners, stated that a book marked A. then produced and delivered up by him, contained a full and true disclosure and discovery of his estate and effects, and that book was not produced at the trial, the judges held that he could not be convicted. Rex v. Evani, R. & M. 70. If the indictment be for concealment only, it seems that it must be shewn that the prisoner has passed his last examination where the prisoner was indicted for concealing and removing two books, and it appeared that he had not passed his last examination, but that the same had been adjourned sine die, Park, J. held that he could not be convicted, for that until he passed his last examination he had a locus penitenti; he held also that the prosecutor could not give parol evidence of any thing the prisoner said on his examination before the commissioners. R. v. Walters, 5 Car. & P. 138.

3. The intent, as stated in the indictment. If it be proved that the bankrupt knowingly and wilfully concealed or embezzled the property, the jury may readily infer from that his intent thereby to defraud his creditors.

6 GEO. IV. c. 19.

An Act for the Amendment of the Law as to the
Offence of sending threatening Letters.

REPEALED by stat. 7 & 8 Geo. 4. c. 27. s. 1.

6 GEO. IV. c. 25.

An Act for defining the Rights of Capital Con-
victs who receive pardon, and of Convicts after
having been punished for Clergyable Felonies;
for placing Clerks in Orders on the same Footing
with other Persons, as to Felonies; and for li-
miting the Effect of the Benefit of Clergy.
[20th May, 1825.]

WHEREAS it is expedient that the civil rights of
persons having been convicted of capital felonies,
who receive his majesty's most gracious pardon,
and of persons having been convicted of felonies
within the benefit of clergy, who have undergone
the punishment to which they were adjudged,
should be more clearly ascertained than is at pre-
sent the case: be it therefore enacted by the
king's most excellent majesty, by and with the
advice and consent of the lords spiritual and tem-
poral, and commons, in this present parliament
assembled, and by the authority of the same, That In case of
in all cases in which his late majesty, or the king's under the
majesty that now is, his heirs or successors, hath sign manual,
been or shall be pleased to extend his or their ditional the
prisoner's dis-
royal mercy to any offender convicted of any fe- charge, if con-

pardons

if uncon

ditional the

of the con

dition, shall

have the effect of a pardon under

performance lony whereby the offender was, is, or shall be excluded from the benefit of clergy, and by warrant under his or their royal sign manual, counterthe great seal. signed by one of his or their principal secretaries of state, hath granted or shall grant to such offender, either a free pardon, or a pardon upon condition of transportation, imprisonment, or any other punishment, the discharge of such offender out of custody, in case of a free pardon, and the performance of the condition in case of a conditional pardon, shall have the effect of a pardon under the great seal for such offender, as to the felony whereof he or she was so convicted. (1)

4 Hen. 7. c. 13.

21 Jac. 1. c. 6.

3 W. & M. c. 9.

II. And whereas by an act passed in the fourth year of the reign of King Henry the Seventh, intituled "An act to take away the benefit of clergy from certain persons," it is enacted, that every person not within orders, being convicted, and being admitted to the benefit of his clergy, shall be marked in the manner therein mentioned upon the brawn of the left thumb, before he be delivered to the ordinary: and whereas by four several acts, passed in the twenty-first year of the reign of King James the First, the third year, the fourth and fifth years, and the sixth and seventh years of the reign of King William and Queen Mary; the first intituled "An act concerning women convicted of small felonies;" the second intituled "An act to take away clergy

(1) By stat. 7 & 8 Geo. 4. c. 28. s. 13, the like provision is made as to pardons, under the sign manual, of persons convicted of any felony punishable with death or otherwise.

c. 14.

c. 11.

from some offenders, and to bring others to punishment;" the third intituled "An act for re- 4 & 5W. & M. viving, continuing, and explaining several laws. 24. therein mentioned, which are expired, and near expiring ;" and the fourth intituled "An act for 6 & 7W. & M. continuing several laws therein mentioned;" the like benefit is conferred on women as men enjoyed by the benefit of clergy: and whereas by 4 Geo. 1. an act passed in the fourth year of the reign of the late King George the First, intituled "An act for the further preventing robbery, burglary, and other felonies; and for the more effectual transportation of felons, and unlawful exporters of wool; and for declaring the law upon some points relating to pirates;" transportation for seven years was substituted for burning in the hand, in case of certain larcenies, within the benefit of clergy; and by a provision contained in 19 Geo. 3. an act passed in the nineteenth year of the reign of his late majesty King George the Third, intituled "An act to explain and amend the laws relating to the transportation, imprisonment, and other punishment of certain offenders," (which provision has been made perpetual by an act passed in the thirty-ninth year of the same reign,) the court before which any offender is convicted of any felony within the benefit of clergy, is authorized, if it shall think fit, instead of such burning or marking, to impose upon such offender a moderate pecuniary fine, or to order such offender to be whipped in the manner therein mentioned; and by the said provision it is expressly enacted, that the punishments so thereby sub

c. 74.