secution for consigning, depositing, transferring or delivering such goods or documents, in case the same shall not be made a security for more than the amount then justly owing to such agent from his principal, together with the amount of any bill drawn by bill drawn by or on account of such principal and accepted by such factor or agent (d). In addition to all of which provisions, it is also enacted that any person offending in any of the cases following (e), shall be guilty of a misdemeanor, and punishable as for the misdemeanors already mentioned:-1. Any person, who, being a trustee of any property for some other person, or public or charitable purpose, shall, (with intent to defraud,) convert, or appropriate the same, to the use or benefit of any person other than such other person, or for any other purpose, or otherwise dispose of such property (f). 2. Any person, who, being a director, member, or public officer of any body corporate or public company, shall fraudulently so take or apply any of the property of such body corporate or public company (g). 3. Any person, who, being a director, public officer, or manager of such body or company, shall, as such, receive or possess himself of any of (d) 24 & 25 Vict. c. 96, s. 78. (e) The provisions here following are framed on the 20 & 21 Vict. c. 54, repealed by 24 & 25 Vict. c. 95. (f) 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 and administrator, official manager, assignee, liquidator, or other like officer acting under any Act relating to joint stock companies, bankruptcy or insolvency. (24 & 25 Vict. c. 96, s. 1.) It is to be noticed that a pro- the property of such body or company, otherwise than in payment of a just debt or demand; and shall with intent to defraud, omit to make, or to cause or direct to be made, a full and true entry thereof in the books and accounts (h): or 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 any 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 any money or property to such body or company, or to enter into any security for the benefit thereof (i). And 4. Any person, who, being a director, manager, public officer, or member of any such body or company, shall, with intent to defraud, destroy, alter, mutilate or falsify any book, paper, writing, or valuable security, belonging to the body or company; or make or concur in the making of any false entry, or material omission, in any book of account or other document (j). There is, moreover, a provision that no proceeding, conviction or judgment for any of the above misdemeanors shall prevent, lessen or impeach any remedy, at law or in equity, which any person aggrieved by any of them might otherwise have had (k); or affect or prejudice any agreement or security given by any trustee, having for its object the restoration or repayment of any trust property misappropriated (1). 5. Larcenies in relation to the Post office. By 7 Will. IV. & 1 Vict. c. 36, s. 25, 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 punished by fine or im (h) 24 & 25 Vict. c. 96, s. 82. (k) Sect. 86. But no conviction shall be received in evidence against the offender, at law or in equity. (Ibid.) (1) 24 & 25 Vict. c. 96, s. 85. prisonment, or both, as to the court shall seem meet. 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 or less than three years, or with imprisonment (with or without hard labour and solitary confinement) for not more than two years(m): and if the letter contain any chattel, money, or valuable security, then the term of penal servitude may be for life(n). 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(o). These provisions relate only to offences by persons employed in the department of the Post office: but by other enactments, every 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 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 last before specified (p). And every receiver of a post letter, post letterbag, chattel, money or valuable security feloniously stolen (m) 7 Will. 4 & 1 Vict. c. 36, s. 26; 9 & 10 Vict. c. 24, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. (n) 7 Will. 4 & 1 Vict. c. 36, ss. 25, 41, 42; 9 & 10 Vict. c. 24, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. As to this provision, 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 C. C. R. 226; R. v. Shepherd, ibid. 606. (0) 7 Will. 4 & 1 Vict. c. 26. (p) 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. Stealing letters sent by the post was felony without benefit of clergy, by 7 Geo. 3, c. 50, repealed by 7 Will. 4 & 1 Vict. c. 32. under the Post office Acts, knowing the same to have been so stolen, shall be guilty of felony; and he may be sentenced in the same way (q). And every person who shall steal or unlawfully take away a post letter-bag sent by a Post office packet, or a letter out of any such bag; or 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 (r). And every person who shall fraudulently retain, or wilfully secrete, or keep, or detain, or, being required by an officer of the Post office, neglect or refuse to deliver up a post letter, which ought to have been delivered to any other person; or shall neglect or refuse to deliver up a post letter-bag, or post letter which shall have been sent and lost;-shall be guilty of a misdemeanor, and be punishable with fine and imprisonment (s). 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 (t). This offence was, at common law, a misdemeanor only (u); but was afterwards made felony by (g) 7 Will. 4 & 1 Vict. c. 36, ss. 30, 41, 42; 9 & 10 Vict. c. 24, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. (r) 7 Will. 4 & 1 Vict. c. 36, ss. 29, 41, 42; 9 & 10 Vict. c. 24, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. See R. v. Jones, 2 Car. & K. 236. (s) 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: he is liable, at the discretion of the court, to penal servitude for not more than seven or less than three years, or imprison ment for any term not exceeding three years. (11 & 12 Vict. c. 88, s. 4; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3.) See also 11 & 12 Vict. c. 88, s. 5, providing that in all indictments for offences against the Post office it shall be sufficient to allege an intent to defraud "Her Majesty's Postmaster-General," &c. (t) 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. (u) In the time of Blackstone receivers of stolen property might be indicted as accessories after the fact several statutes now repealed (x). It is, however, now provided by 24 & 25 Vict. c. 96, s. 91, that whosoever 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 be guilty of felony (y); and may be indicted and convicted either as an accessory after the fact, or for a substantive felony, and 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 receiver is liable at the discretion of the court to penal servitude for a term not exceeding fourteen years nor less than three 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 imprisonment awarded (z). If, however, the thing received was such that its stealing, taking, obtaining, converting or disposal is made a misdemeanor by that Act, then its reception is a misdemeanor and punishable with penal servitude to the extent of seven years, or by imprisonment as in the case of the felonious offence (a). And where the stealing or taking of any property whatever is punishable by the same Act, by way of summary conviction, either for every offence, or for the first and second offences only, or for the first offence only,—the 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 occuleret; pari pœnæ singulos obnoxios." And he cites Stiern. de 66 Jure Goth. 1. 3, c. 5. (x) By 7 & 8 Geo. 4, c. 27. (y) 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, ibid. 177.) (x) 24 & 25 Vict. c. 96, s. 91. (a) Ibid. s. 95. |