tion made by this provision, seems to be, that the court or judge will neither quash the indictment nor put the prosecutor to elect, at the trial, which particular charge he will go upon: Car. C. L. 320; and see 2 Camp. 132, 2 Star. 460. A count for simple larceny may be joined with a count for embezzlement, under the present statute. The repealed statute of 39 Geo. 3, c. 85, by declaring that clerks and servants, embezzling, &c. should be deemed to have feloniously stolen, &c. did, in fact, place embezzlement amongst felonies, at common law. At common law, therefore, the judgments for larceny and embezzlement were the same, though, in the one case, averted by benefit of clergy; in the other, by the milder punishment inflicted by the statute. As the judgments, therefore, for these offences, were strictly the same, a count for larceny, and a count for embezzlement might well be joined in the same indictment. See R. v. Johnson, 3 M. & S. 563. Nor is there any difference, under the present statute; for, though benefit of clergy is now abolished, by 7 & 8 Geo. 4, c. 28, s. 6, yet it is provided, that nothing therein contained shall prevent the joinder, in any indictment, of any counts which might have been joined before the passing of that act. See ante, title "Clergy." It may here be observed, that the present act applies to the same description of clerks, and servants, as came within the 39 Geo. 3, c. 85. It therefore extends to female servants: R. v. Smith, R. & R. 267; apprentices, R. v. Mellish, R. & R. 80; travellers, R. v. Carr, R. & R. 198; persons employed by overseers, R. v. Squire, R. & R. 349. Nor is the nature of the wages, R v. Mellish, R. & R. 80, nor the duration of the employment, R. v. Spencer, R. & R. 299, material. But to bring a case within the act, the clerk, or servant, must have been employed, either generally or specially, to receive money for his master: R. v. Smith, R. & R. 516; R. v. Beechy, R. & R, 309; R. v. Mellish, R. & R. 80. The FORTY-NINTH SECTION of this act is substituted for the first and second sections of the repealed statute of 52 Geo. 3, c. 63. That statute enacts, that "if any person or persons, with whom, as banker or bankers, merchant or merchants, broker or brokers, attorney or attorneys, or agent or agents, of any description whatsoever, any security, &c. shall have been deposited, or shall be or remain for safe custody, or upon or for any special purpose, &c. shall embezzle, &c. every person, so offending, shall be deemed guilty of a misdemeanor. It was held, that this enactment only applied to persons to whom securities were entrusted in the exercise of their function or business, and not to one who, as a private friend, was entrusted with a bill to get it discounted, and, instead of doing so, converted it to his own use: R. v. Prince, 2 C. & P. 517. Though the word entrusted," which is used in the present act, is more general than the words "deposited, or shall be or remain for safe custody," &c. yet it is apprehended that a case similar to that just cited would not be held to be within the present act, the words, 66 or other agent," referring to agents ejusdem generis, with those immediately preceding, that is to say, agents employed in the way of business. NON-SURRENDER AND EMBEZZLEMENT BY BANKRUPTS. 6 Geo. 4, c. 16. Bankrupt. covery of CXII. Be it enacted, that if any person against whom Bankrupt any commission has been issued, or shall hereafter be not surren dering, and issued, whereupon such person hath been, or shall be de- submitting clared bankrupt, shall not, before three of the clock upon to be exthe forty-second day after notice thereof, in writing, amined, to be left at the usual place of abode of such person, or personal notice in case such person be then in prison, and notice given in the London Gazette of the issuing of the commission, and of the meetings of the commissioners, surrender himself to them, and sign or subscribe such surrender, and submit to be examined before them, from time to time, upon oath, or, being a Quaker, upon solemn affirmation; or if any such bankrupt, upon such examina- or not maktion, shall not discover all his real or personal estate, and ing dishow and to whom, upon what consideration, and when he his estate disposed of, assigned, or transferred any of such estate, and effects; and all books, papers, and writings relating thereunto (except such part as shall have been really and bona fide before sold or disposed of in the way of his trade, or laid out in the ordinary expense of his family); or if any such bank- or not derupt shall not, upon such examination, deliver up to the ivering up his goods, commissioners, all such part of such estate, and all books, books, &c. papers, and writings, relating thereunto, as be in his possession, custody, or power (except the necessary wearing apparel of himself, his wife, and children); or if any such bankrupt shall remove, conceal, or embezzle any part bezzling to ling or emof such estate, to the value of ten pounds or upwards, or the value of any books of account, papers, or writings relating thereto, 10., guilty with intent to defraud his creditors, every such bankrupt of felony, shall be deemed guilty of felony, and be liable to be transported for life, or for such term, not less than seven years, as the court before which he shall be convicted shall adjudge, or shall be liable to be imprisoned only, or imprisoned and kept to hard labour in any common gaol, penitentiary-house, or house of correction, for any term not exceeding seven years. Note.--In embezzlement by bankrupts, it is of the essence of the offence that the goods embezzled be of the value fixed by the act, which is now ten pounds. And, therefore, an indictment upon this or remov &c. statute will be held bad, unless the property be particularly specified, and a distinct value put upon the articles enumerated. See Forsyth's case, R. & R. 277. EMBEZZLEMENT AT THE BANK. 15 Geo. 2, c. 13. XII. Be it enacted by the authority aforesaid, that if Servants breaking Bank. their trust pany, shall any officer or servant of the said company, being entrusted with any note, bill, dividend-warrant, bond, deed, or any security, money, or other effects belonging to the said comto the com. pany, or having any bill, dividend-warrant, bond, deed, or suffer death. any security or effects of any other person or persons lodged or deposited with the said company, or with him as an officer or servant of the said company, shall secrete, embezzle, or run away with any such note, bill, dividendwarrant, bond, deed, security, money, or effects, or any part of them; any officer or servant so offending, and being thereof convicted in due form of law, shall be deemed guilty of felony, and shall suffer death as a felon without benefit of clergy. Note. XIV. [Public act.] The stat. 24 Geo. 2, c. 11, s. 3, has the same provision with regard to the officers and servants of the South Sea Company, in the same terms as are contained in this statute: 2 E. P. C. 579. Where a bank clerk, employed to post into the ledger and read from the cash-book, bank notes from one hundred pounds in value, up to a one thousand pounds, and who in the course of that occupation had, with other received, clerks, access to a file, upon which paid notes of every description were filed, took from that file a paid bank note for fifty pounds, it was holden that the prisoner could not be considered as entrusted with the possession of this note, so as to bring him within the statute: R. v. Bakewell, R. & R. 35. It seems doubtful whether a note once cancelled by the bank is within the statute: id. EMBEZZLEMENT AT THE POST-OFFICE. 5 Geo. 3, c. 25. XIX. Be it enacted, that if any deputy, clerk, agent, Post office. letter-carrier, or other servant appointed, authorized, and Embezzling entrusted to take in letters or packets, and receive the the postage postage thereof, shall embezzle or apply to their own use or destroy. any money or monies, by him or them received, with such ing letters, letters or packets for the postage thereof; or shall burn or or advance otherwise destroy any letter or letters, packet or packets, ing rate of postage, and by him or them so taken in or received; or who, by virtue not account of their respective offices, shall advance the rates upon ing for the letters or packets sent by the post, and shall not duly account for the money by him or them received for such advanced postage; every such offender, being thereof convicted, shall be deemed guilty of felony. same, felony. Secreting, 7 Geo. 3, c. 50. I. Be it enacted, &c. that if any deputy, clerk, agent, letter-carrier, postboy, or rider, or any other officer or perembezzling, son whatsoever, employed in receiving, stamping, sorting, or destroy- charging, carrying, conveying, or delivering letters or ing letters containing packets, or in any other business relating to the post-office, certain se shall secrete, embezzle, or destroy any letter, packet, bag, Post-office. or mail of letters, which such person might be entrusted with, or which shall have come to his hand or possession, curities or instruments, containing any bank note, bank post-bill, bill of exchange, by one emexchequer bill, South Sea or East India bond, dividend- ployed by warrant of the Bank, South Sea, East India, or any other post-office, company, society, or corporation, navy, victualling, or felony with transport bill, ordnance debenture, seaman's ticket, state- out clergy. lottery ticket, or certificate, bank receipt for payment on any loan, note of assignment of stock in the funds, letter of attorney for receiving annuities or dividends, or for selling stock in the funds, or belonging to any company, society, or corporation, American provincial bill of credit, goldsmith's or banker's letter of credit, or note for, or relating to, the payment of money, or other bond or warrant, draft, bill, or promissory note whatsoever, for the payment of money; or shall steal or take the same out of any letter or packet that shall come to his hands or possession, such offender shall be guilty of felony without benefit of clergy. JII. And be it further enacted, that if any deputy, clerk, agent, letter-carrier, officer, or other person whatever, employed, or hereafter to be employed, in any business relating to the post-office, [who] shall take or receive into his, her, or their hands or possession, any letter or letters, packet or packets, to be forwarded by the post, and receive any sum or sums of money therewith for the postage thereof, shall, after the first of November, 1767, burn, or otherwise destroy, any letter or letters, packet or packets, by him, her, or them so taken in or received, or if any such deputy, &c. so employed, shall advance the rate or rates of postage upon any letter or letters, packet or packets, sent by the post, and shall secrete and not duly account for the money by him, her, or them received for such advanced postage; every such offender or offenders, being thereof convicted as aforesaid, shall be deemed guilty of felony. Note. In a case under this statute, where a person was indicted as charger and sorter, and was acquitted on this special count, the judges held he could not be convicted on a general count as a person employed in the post-office, on evidence that he was no otherwise employed than as a sorter; but they inclined to think that the jury might have convicted the prisoner on the special count, as a sorter only Shaw's case, 2 E. P. C. 580, A bill of exchange may be laid as a warrant for the payment of money within the statute: Willoughby's case, 2 : E. P. C. 581. Stealing money out of letters is not within the act: Skut's case, 2 E. P. C. 582. And where a person employed in the post-office secreted a letter containing a draft not duly stamped, it was held not to be an offence within the act, the draft not being available: R. v. Pooley, R. & R. 12. But secreting a letter' containing country bank notes paid in London and not re-issued, is an offence with in the statute, for they are available against the makers of them, into whomsoever's hands they come: R. v. Ranson, R. & R. 232. An in dictment upon this act for secreting two letters containing therein a bank note, was held good, upon proof that it was sent in halves on different days: Moore's Persons &c. to com or fraudulently receiving 42 Geo. 3, c. 81. I. [Recites the 7 Geo. 3, c. 50, s. 1., and proceeds thus:] And whereas it is expedient to extend the provisions of the said in part recited act, so as to protect the conveyance by the post of all and every part or parts of any such securities or instruments as aforesaid; may it therefore please, &c. and be it enacted, &c., that if any deputy, clerk, agent, letter-carrier, postboy, or rider, or any other officer or person whatsoever, employed in receiving, stamping, sorting, charging, carrying, conveying, or delivering letters or packets, or in any other business relating to the post-office, shall secrete, embezzle, or destroy any letter or packet, bag, or mail of letters with which he is entrusted, or which may come into his possession, containing any part or parts of any such security or instrument as in the said act are mentioned, or shall steal or take out of any letter or packet that shall come to his possession, any part or parts of any such security or instrument, every such offender shall be guilty of felony, without benefit of clergy. II. And be it further enacted, that, from and after the procuring, passing of this act, if any person whatsoever, whether mit offences, employed in any business relating to the post-office or not, shall counsel, command, hire, persuade, procure, aid, or abet, any such deputy, clerk, agent, letter-carrier, postboy, or rider, or any other officer or person whatsoever, such securities, or employed, or to be hereafter employed, in receiving, stampparts there- ing, sorting, charging, carrying, conveying, or delivering of, guilty of letters or packets, or in any other business relating to felony with the post-office, to commit any felony or offence in the out clergy, said in part recited act, or in this act before mentioned, or shall, with a fraudulent intention, buy or receive the whole or any part or parts of any such security or instrument as aforesaid, which at the time of buying or receiving thereof, he shall know to have been contained in any such letter or letters, packet or packets, so by any deputy, clerk, agent, letter-carrier, postboy, or rider, or any other officer or person whatsoever employed, or to be hereafter employed, in receiving, stamping, sorting, charging, carrying, conveying, or delivering letters or packets, or in any other business relating to the post-office, secreted, or embezzled, or stolen or taken out of any letter or letters, packet or packets, that shall come to his, her, or their hands or possession, or which he, she, or they, at the time of buying or receiving thereof, shall know to have been |