tended to embezzle the money. Rex v. Williams, 7 C. & P. 338Coleridge. the trial, if necessary. Such particular ought at least to state the persons from whom money is alleged to have been received. Rex v. Hodgson, 3 C. & P. 422-steward of another, proof of that cirVaughan; S. P., Rex v. Bootyman, 5 C. & P. 300-Littledale. But the court of Queen's Bench has no jurisdiction to make an order upon a prosecutor to deliver the particulars. The application should be made to the judge at the assizes. Reg. v. Haslam, 1 Jur., N. S. 1139-B. C.-Crompton. 5. Evidence. It was the duty of a banking clerk to receive money, and to pay it either into a box or a till, of each of which he kept the key, and to make entries of his receipts in a book; the balance of each evening being the first item with which he debited himself in the book the next morning. On the morning of the day in question, he had thus debited himself with 1,7627.; and on being called on in the evening by his employer to produce his money, he threw himself on his employer's mercy, and said he was about 9001. short. Upon an indictment for embezzling:-Held, that this was evidence upon which the jury might convict, although no evidence was given of the persons from whom the money was received, or of the coin of which it consisted. Rex v. Grove, 7 C. & P. 635; 1 M. C. C. 447. If a person receives money as cumstance is sufficient evidence of his being a steward, to support an indictment for embezzling such money. Rex v. Beacall, I C. & P. 312; and Rex v. Wellings, 1 C. & P. 454, 457-Park. In a portmanteau not proved to belong to a prisoner on trial was found a paper folded like a letter, and containing in the inside what purported to be an inventory of goods pawned at different times. The inventory was not in his handwriting; but on the outside of the paper his name, and the word private, both in his handwriting, were indorsed :-Held, that the contents of the paper were not admissible against him. Reg. v. Hare, 3 Cox, C. C. 247. A., a brewer, sent his drayman B. out with porter, with authority to sell it at fixed prices only. B. sold some of it to C., at an under price, and did not receive the money at the time; A. heard of this, and, unknown to B., told C. to pay B. the amount, which C. did, and B., when asked for it by A., denied the receipt of the money:-Held, to be sufficient evidence of embez zlement. Reg. v. Aston, 2 C. & K. 413-Patteson. A person indicted as servant to guardians of the poor of a parish: It is not enough to prove that a-Held, that the admission by him clerk has received a sum of money and not entered it in his book, unless there is also evidence that he has denied the receipt of it, or the like. Rex v. Jones, 7 C. & P. 833 -Bolland. A., a servant of B., was sent to receive rent due to B.; A. received it, and immediately went off with it to Ireland-Held, that A.'s thus leaving her place and going off to Ireland, was evidence from which the jury might infer that A. in contained in the condition of his bond for the performance of his duties as treasurer, coupled with an act of parliament specifying those duties, was sufficient evidence of the nature of his appointment, viz., that he was to receive money for the guardians, and account to them for his receipts. Reg. v. Welch, 1 Den. C. C. 199; 2 C. & K. 296. Where there has been a written agreement between master and servant, in which the nature of the service is defined, on an indictment | assist the jury in determining what for embezzlement against the latter, value was to be attached to the parol evidence of the service is in- suggestion:-Held, that such eviadmissible, unless notice has been dence was admissible. Reg. v. given to produce the agreement. Richardson, 8 Cox, C. C. 448; 2 Reg v. Clapton, 3 Cox, C. C. 126-F. & F. 343-Williams. Patteson. A clerk to a savings bank was O. was indicted for embezzle- convicted on an indictment chargment, and for the purpose of prov- ing him with embezzlement, the ing his identity as the person re- property being laid in A. In order ceiving certain things from S. & to prove that A. was a trustee of Co. for the prosecutor, an entry in the bank, he was called, and stated a book of S. & Co. was read in evi- that since the commission of the dence. The account was kept in offence he had been acting as a four columns, in the first of which trustee, but that before that date were entered the dates; in the sec- he had attended only one meeting, ond the name of the person on having on that occasion been rewhose behalf the money was re-quested to do so lest there should ceived; in the third the signature be a deficiency of trustees; but he of the person receiving; and in the fourth the amount of the particular payment made by S. & Co.:-Held, that the entry, as explained by the evidence, amounted to a receipt; and that even for the purpose of proving identity, the whole entry could not be read without a stamp, and that therefore the conviction was wrong. Reg. v. Overton, Dears. C. C. 308; 6 Cox, C. C. 277; 18 Jur. 134; 23 L. J., M. C. 29. But by 17 & 18 Vict. c. 83, s. 27, every instrument liable to stamp duty shall be admitted in evi"dence in any criminal proceeding, although it may not have the "stamp required by law impressed thereon, or affixed thereto." was also a manager of the bank, and it did not appear that any act was done by him at that meeting which he might not have done as a manager :-Held, that this was insufficient evidence of acting to support the inference of the legal appointment of A. as a trustee, and that the conviction was wrong. Reg. v. Essex, Dears. & B. C. Č. 369; 4 Jur., N. S. 15; 7 Cox, C. C. 384. XIV. EMBEZZLEMENT AND FRAUDS 1. Agents and Bankers, 139. 3. Directors, Members and Officers of 4. Disclosure of Circumstances, 144. 5. Jurisdiction of Quarter Sessions, 144. 6. By Traders-See BANKRUPTCY. An indictment charged the prisoner with having embezzled three sums of twenty-one pounds, the monies of his employers, he being a clerk or servant. Evidence was given of the embezzlement of these sums, and it was then proposed to 1. Agents and Bankers. give evidence of other sums not By Conversion of Monies or Secharged in the indictment, but curities.]-By 24 & 25 Vict c. 96, which had also been embezzled, to s. 75, "whosoever, having been inshew that if it should be contended "trusted, either solely or jointly the sums charged in the indictment" with any other person, as a bankwere subjects of a mistake in keep- er, merchant, broker, attorney or ing the accounts, there being many "other agent, with any money or other sums unaccounted for, C6 admit- security for the payment of monting evidence of such sums would "ey, with any direction in writing 66 seven years and not less than five years (27 & 28 Vict. c. 47), or to be imprisoned for any term not "exceeding two years, with or with "out hard labour, and with or "without solitary confinement.” (Former provision, 7 & 8 Geo. 4, c. 29, ss. 49, 50, and 7 & 8 Geo. 4, c. 27 repealed 52 Geo. 3, c. 63.) "to apply, pay or deliver such "be liable, at the discretion of the money or security, or any part 'court, to be kept in penal servi"thereof respectively, or the pro-"tude for any term not exceeding "ceeds or any part of the proceeds "of such security, for any purpose, or to any person specified in such direction, shall, in violation of "good faith, and contrary to the "terms of such direction, in any"wise convert to his own use or "benefit, or the use or benefit of any person other than the person "by whom he shall have been so "intrusted, such money, security By Selling Property or Securities "or proceeds, or any part thereof intrusted to their Care.]-By s. 76, "respectively." (Former provis-"whosoever, being a banker, mer ion, 7 & 8 Geo. 4, c. 29, s. 49.) "chant, broker, attorney or agent, "and being intrusted, either solely 66 66 66 manner convert or appropriate "the same, or any part thereof, to or for his own use or benefit, or "the use or benefit of any person "other than the person by whom " he was so intrusted, shall be guilty of a misdemeanor." (Former provision, 20 & 21 Vict. c. 54, s. 2.) By Selling, Negotiating or Pledg-" or jointly with any other person, ing Securities." And whosoever, "with the property of any other having been intrusted, either sole-" person for safe custody, shall, "ly or jointly with any other per"with intent to defraud, sell, negoCC son, as a banker, merchant," tiate, transfer, pledge, or in any "broker, attorney or other agent, 66 with any chattel or valuable security, or any power of attorney "for the sale or transfer of any "share or interest in any public "stock or fund, whether of the "United Kingdom, or any part thereof, or of any foreign state, or in any stock or fund of any "body corporate, company or so- Acting under Powers of Attor "ciety, for safe custody or for any ney.]-By s. 77, " whosoever, being "special purpose, without any au- "intrusted, either solely or jointly "thority to sell, negotiate, transfer" with any other person, with any "or pledge, shall, in violation of good faith, and contrary to the "object or purpose for which such chattel, security or power of atCC torney shall have been intrusted" to him, sell, negotiate, transfer, pledge or in any manner convert to his own use or benefit of any "person other than the person by "whom he shall have been so in"trusted, such chattel or security, or the proceeds of the same, or any part thereof, or the share or Factors fraudulently obtaining Ad"interest in the stock or fund to vances on Property of Principals.] "which such power of attorney-By s. 78, "whosoever, being a "shall relate, or any part thereof, "factor or agent intrusted, either "shall be guilty of a misdemeanor, "solely or jointly with any other and being convicted thereof shall" person, for the purpose of sale or 66 "power of attorney for the sale or "transfer of any property, shall "fraudulently sell or transfer or "otherwise convert the same, or any part thereof, to his own use or benefit, or the use or benefit of any person other than the person by whom he was so intrusted, "shall be guilty of a misdemeanor." (Former provision, 20 & 21 Vict. c. 54, s. 3.) "otherwise with the possession of" of title, in case the same shall not "be made a security for or subject "to the payment of any greater sum of money than the amount which at the time of such consignment, "any goods, or of any document of "title to goods, shall, contrary to or "without the authority of his prin 66 66 66 66 The 52 Geo. 3, c. 63, applied only to persons to whom securities by agents were intrusted in the exercise of their function or business. Rex v. Prince, 2 C. & P. 517—Abbott. cipal in that behalf, for his own use or benefit, or the use or ben-"deposit, transfer or delivery was "efit of any person other than the "justly due and owing to such agent person by whom he was so in-"from his principal, together with trusted, and in violation of good "the amount of any bill of exchange faith, make any consignment, de-" drawn by or on account of such "posit, transfer or delivery of any principal, and accepted by such "goods or document of title so in- "factor or agent." (Former pro"trusted to him as in this section vision, 5 & 6 Vict. c. 39, s 6.) "before mentioned, as and by way "of a pledge, lien or security for any money or valuable security "borrowed or received by such fac"tor or agent at or before the time "of making such consignment, deposit, transfer or delivery, or in"tended to be thereafter borrowed "or received, or shall, contrary to or without such authority, for his own use or benefit, or the use or "benefit of any person other than "the person by whom he was so intrusted, and in violation of good "faith, accept any advance of any money or valuable security on the "faith of any contract or agreement "to consign, deposit, transfer or de"liver any such goods or document "of title, shall be guilty of a mis"demeanor, and, being convicted "thereof, shall be liable, at the discretion of the court, to any of the "punishments which the court may award as herein before last men"tioned"; 66 66 66 Where a party established a savings bank, consisting of 130 members, each of whom paid a weekly subscription of 2s. 1d., the odd penny being paid to him for the trouble of managing the affairs of the bank, the funds of which were to be disposed of once a week by a lottery, consisting of 129 blanks, and one prize amounting to 137. which was to go to the holder of the fortunate ticket; and the defendant having absconded, after receiving from one of the subscribers deposits to the amount of 107. 8s. without receiving any benefit therefrom :-Held, that he was not indictable under the 52 Geo. 3, c.63, for embezzling the money as an agent, or as a person having the possession of money for safe custody. Rex v. Mason, D. & R. N. P. C. 22-Park. A. placed valuable securities in the hands of B., with a written di 66 And every clerk or other person "who shall knowingly and wilfully act and assist in making any such "consignment, deposit, transfer or "delivery, or in accepting or pro-rection to invest the proceeds in the curing such advance as aforesaid, funds, "in case of any unexpected shall be guilty of a misdemeanor, accident happening to A." No ac"and being convicted thereof, shall cident did happen to A., and the "be liable, at the discretion of the proceeds were by B. converted to court, to any of the same punish- his own use:-Held, that B. was ments: provided, that no such not indictable under 52 Geo. 3, c. "factor or agent shall be liable to 63 (repealed); and it seemed that any prosecution for consigning, he would not be so under 7 & 8 Geo. "depositing, transferring or deliver- 4, c. 29, s. 49. Rex v. White, 4 C. "ing any such goods or documents & P. 46-Tenterden. 66 66 An allegation in an indictment, case that office be vacant, of the that A. placed valuable securities "Solicitor-General: provided also, in the hands of B., " with an order" that where any civil proceeding in writing, to invest the proceeds in "shall have been taken against any the government funds," is not sup- person to whom the provisions of ported by proof of an order in writ-"this section may apply, no person ing, directing B. to invest the pro- I who shall have taken such civil ceeds in the government funds, in" proceeding shall commence any case of any unexpected accident" prosecution under this section happening to A. Îb. "without the sanction of the court 66 66 or judge before whom such civil proceeding shall have been had or "shall be pending." (Former provision, 20 & 21 Vict. c. 54 ss. 1 and 13.) If any chattel or valuable security is intrusted to any broker or agent originally for the purpose of sale, but the authority to sell is afterwards countermanded, and the broker or agent, notwithstanding that By s. 1," the term 'trustee' shall countermand, sells the goods in vi- "mean a trustee on some express olation of the orders of his principal, "trust created by some deed, will such broker or agent might be con- or instrument in writing, and shall victed of misdemeanor, under 7 &" include the heir, or personal repre8 Geo. 4, c. 29, s. 49. Reg. v. Gomm, "sentative of any such trustee, and 3 Cox, C. C. 64-Maule. any other person upon or to whom "the duty of such trust shall have "devolved or come, and also an ex An indictment on 7 & 8 Geo. 4, c. 29, s. 49, against a broker for embezzlement of a security for money, must have alleged a written direction to him as to the application of the proceeds. Reg. v. Golde, 2 M. & Rob. 425-Denman. 66 66 2. Trustees. By 24 & 25 Vict. c. 96, s. 80, "whosoever, being a trustee of any "property for the use or benefit, "either wholly or partially, of some "other person, or for any public or "charitable purpose, shall, with intent to defraud, convert or appropriate the same or any part there"of to or for his own use or benefit, or the use or benefit of any person other than such person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or otherwise dispose of or destroy such property or any part thereof, shall "be guilty of a misdemeanor: "provided, that no proceeding or "prosecution for any offence in"cluded in this section shall be commenced without the sanction "of the Attorney-General, or, in 66 66 ecutor and administrator, and an "official manager, assignee, liquid"ator or other like officer, acting "under any present or future act "relating to joint stock companies, "bankruptcy or insolvency." (For mer provision, 20 & 21 Vict. c. 54, s. 17.) A person, who was trustee, treasurer and secretary of a savings bank, was indicted for misappropriation as a trustee. As secretary, he received the money deposited, which, by the rules of the savings bank, it was his duty to hand over to the treasurer, who was required by the Savings Bank Acts to pay it over, when demanded, to the trustees, whose duty as defined by the rules, was to vest it in the public funds in the names of the Commissioners for the Reduction of the National Debt. He falsified his accounts, and appropriated to his own purposes part of the money so deposited with him as secretary, with intent to defraud :Held, first, that he was a trustee for the benefit of other persons. Reg. v. Fletcher, L. & C., C. C. 180; 32 |