son shall have bona fide attended the court, in obedience to any such recognizance, to order payment of the expenses of such person, together with a compensation for his or her trouble and loss of time, in the same manner as in cases of felony provided, that in cases of misdemeanor, the power of ordering the payment of expenses and compensation shall not extend to the attendance before the examining magistrate. treasurer. XXIV. And be it further enacted, that every order for Order for payment to any prosecutor or other person as aforesaid, shall payment to be made out be forthwith made out and delivered by the proper officer of by clerk of the court unto such prosecutor or other person, upon being assize, &c. paid for the same the sum of one shilling for the prosecutor, and paid and sixpence for each other person, and no more; and, exby county cept in the cases hereinafter provided for, shall be made upon the treasurer of the county, riding, or division, in which the offence shall have been committed, or shall be supposed to have been committed, who is hereby authorized and required, upon sight of every such order, forthwith to pay the person named therein, or to any one duly authorized to receive the same on his or her behalf, the money in such order mentioned, and shall be allowed the same in his accounts. to the county rate. XXV. And whereas, felonies and such misdemeanors as How the are hereinbefore enumerated, may be committed in liberties, expenses franchises, cities, towns, and places, which do not contri- shall be paid in bute to the payment of any county rate, some of which raise places not a rate in the nature of a county rate, and others have neither contributing any such rate, nor any fund applicable to similar purposes, and it is just that such liberties, franchises, cities, towns, and places, should be charged with all costs, expenses, and compensations, ordered by virtue of this act, in respect of felonies, and such misdemeanors committed therein respectively; be it therefore enacted, that all sums directed to be paid by virtue of this act, in respect of felonies and of such misdemeanors as aforesaid, committed, or supposed to have been committed, in such liberties, franchises, cities, towns, and places, shall be paid out of the rate in the nature of a county rate, or out of any fund applicable to similar purposes, where there is such a rate or fund, by the treasurer or other officer having the collection or disbursement of such rate or fund; and, where there is no such rate or fund in such liberties, franchises, cities, towns, or places, shall be paid out of the rate or fund for the relief of the poor of the parish, township, district, or precinct therein, where the offence was committed, or supposed to have been committed, by the overseers or other officers having the collection or disbursement of such last-mentioned rate or fund; and the . order of court shall, in every such case, be directed to such treasurer, overseers, or other officers respectively, in F Quarter sessions to make regu costs and expenses. stead of the treasurer of the county, riding, or division, as the case may require. XXVI. And, for the better regulation of costs and expenses in the cases aforesaid, and for preventing abuses in lations as to respect thereof, be it enacted, that it shall be lawful for the justices of the peace of any county, riding, or division, or of any liberty, franchise, city, town, or place, chargeable with costs and expenses under the provision aforesaid, in quarter sessions assembled, to establish, and, from time to time, to alter such regulations as to the rate of any costs and expenses thereafter to be allowed by virtue of this act, as to them shall seem just and reasonable; which regulations, having received the approbation and signature of one justice of gaol delivery, or of great sessions for the county wherein any such regulations shall have been established, shall be binding on all persons whatsoever. For pay. ment of expenses in prosecu tions in Court of XXVII. And, for enabling the High Court of Admirality to order the payment of the costs and expenses of prosecutors and witnesses, and compensation for their trouble and loss of time, in cases in which other courts have a like power under this act, be it enacted, that it shall be lawful for the Admiralty. judge of the said Court of Admiralty, in every case of felony, and in every case of misdemeanor, of the denominations hereinbefore enumerated, committed upon the high ɛeas, to order the assistant to the council for the affairs of the admiralty and navy to pay such costs, expenses, and compensation to prosecutors and witnesses, in like manner as other courts may order the treasurer of the county to pay the same; and such assistant is hereby authorized and required, upon sight of every such order, forthwith to pay to the person named therein, or to any one duly authorized to receive the same on his or her behalf, the money in such order mentioned, and shall be allowed the same in his accounts. Clerks or money, &c. on their master's account, and em EMBEZZLEMENT. 7 & 8 Geo. 4, c. 29. XLVII. For the punishment of embezzlements comservants re- mitted by clerks and servants, be it declared and enacted, ceiving any that if any clerk or servant, or any person employed for the purpose, or in the capacity of a clerk or servant, shall, by virtue of such employment, receive or take into his possession any chattel, money, or valuable security, for, or in bezzling it, the name, or on account of his master, and shall fraudulently embezzle the same or any part thereof, every such offender shall be deemed to have feloniously stolen the same from his master, although such chattel, money, or security was not received into the possession of such master otherwise than by the actual possession of his clerk, ser shall be deemed to have felonionsly stolen it. vant, or other person so employed; and every such offender, being convicted thereof, shall be liable, at the discretion of the court, to any of the punishments (see sec. 46 of this act, post, title "Larceny,") which the court may award, as herein-before last mentioned. bezzlement dictment. XLVIII. And, for preventing the difficulties that have Distinct been experienced in the prosecution of the last-mentioned acts of emoffenders, be it enacted, that it shall be lawful to charge may be in the indictment, and proceed against the offender for any charged in number of distinct acts of embezzlement, not exceeding the same in. three, which may have been committed by him against the same master, within the space of six calendar months from the first to the last of such acts; and in every such indictment, except where the offence shall relate to any chattel, it shall be sufficient to allege the embezzlement to be of money, without specifying any particular coin or valuable security; and such allegation, so far as regards the de- As to alscription of the property, shall be sustained, if the offender legation shall be proved to have embezzled any amount, although of the proand proof the particular species of coin or valuable security of which perty emsuch amount was composed shall not be proved; or if he bezzled. shall be proved to have embezzled any piece of coin or valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, and such part shall have been returned accordingly. money en purpose; XLIX. And, for the punishment of embezzlements com- Agents emmi'ted by agents intrusted with property, be it enacted, bezzling that if any money, or security for the payment of money, trusted to shall be intrusted to any banker, merchant, broker, attor- them to be ney, or other agent, with any direction in writing to apply applied to such money or any part thereof, or the proceeds or any any special part of the proceeds of such security, for any purpose specified in such direction, and he shall, in violation of good faith, and contrary to the purpose so specified, in anywise convert to his own use or benefit such money, security, or proceeds, or any part thereof respectively, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to suffer such other punishment by fine or imprisonment or by both, or embezas the court shall award; and if any chattel, or valuable zling any security, or any power of attorney for the sale or transfer goods, or of any share or interest in any public stock or fund, whe- security enther of this kingdom, or of Great Britain, or of Ireland, or trusted to of any foreign state, or in any fund of any body corporate, them for company, or society, shall be intrusted to any banker, mer- dy, or for chant, broker, attorney, or other agent, for safe custody, or any special for any special purpose, without any authority to sell, ne- purpose, valuable safe custo misdemeanor. guilty of a gotiate, transfer, or pledge, and he shall, in violation of good faith, and contrary to the object or purpose for which such chattel, security, or power of attorney shall have been intrusted to him, seli, negotiate, transfer, pledge, or in any manner convert to his own use or benefit such chattel or security, or proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of attorney shall relate, or any part thereof, every such offender shall be guilty of a misdemeanor, 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 mentioned. Not to affect trus- ing money L. Provided always, and be it enacted, that nothing hereinbefore contained relating to agents shall affect any trustee in or under any instrument whatever, or any mortgagee of any property, real or personal, in respect of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage; nor shall restrain any banker, merchant, broker, attorney, or other agent, from receiving any money which shall be or become actually due and payable upon or by virtue of any valuable security, according to the tenor and effect thereof, in such manner as he might have done if this or disposing act had not been passed; nor from selling, transferring, or otherwise disposing of any securities or effects in his possession, upon which he shall have any lien, claim, or de mand, entitling him by law so to do, unless such sale, transfer, or other disposal shall extend to a greater number or part of such securities or effects than shall be requisite for satisfying such lien, claim, or demand. of securities on which they have a lien. Factors pledging for their of sale, LI. And be it enacted, that if any factor or agent intrusted, for the purpose of sale, with any goods or merchandize, or intrusted with any bill of lading, warehousekeeper's own use any goods or or wharfinger's certificate, or warrant or order for delivery documents of goods or merchandize, shall, for his own benefit, and in relating to violation of good faith, deposit or pledge any such goods goods entrusted to or merchandize, or any of the said documents, as a secuthem for rity for any money or negotiable instrument borrowed or the purpose received by such factor or agent, at or before the time of making such deposit or pledge, or intended to be thereafter borrowed or received, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the court shall award; but no such factor or agent shall be liable to any prosecution for depositing or pledging any cases where such goods or merchandize, or any of the said documents, the pledge does not ex- in case the same shall not be made a security for or sub guilty of a misdemeanor. Not to ex tend to ject to the payment of any greater sum of money than the ceed the amount which, at the time of such deposit or pledge, was amount of their lien. justly due and owing to such factor or agent from his principal, together with the amount of any bill or bills of exchange drawn by or on account of such principal, and accepted by such factor or agent. shall not LII. Provided always, and be it enacted, that nothing These proin this act contained, nor any proceeding, conviction, or visions as judgment to be had or taken thereupon against any ban- to agents, ker, merchant, broker, factor, attorney, or other agent, lessen any as aforesaid, shall prevent, lessen, or impeach any remedy remedy at law or in equity which any party aggrieved by any such which the offence might or would have had, if this act had not been party ag grieved now passed; but, nevertheless, the conviction of any such of- has. fender shall not be received in evidence in any action at law or suit in equity against him; and no banker, merchant, broker, factor, attorney, or other agent, as aforesaid, shall be liable to be convicted by any evidence whatever as an offender against this act, in respect of any act done by him, if he shall, at any time previously to his being indicted for such offence, have disclosed such act on oath, in consequence of any compulsory process of any court of law or equity, in any action, suit, or proceeding, which shall have been bona fide instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition before any commissioners of bankrupt. Note.-The FORTY-SEVENTH SECTION of this statute is nearly in the same words as the 39 Gee. 3, c. 85, and the same rules are applicable to both. The latter statute was considered not to have made embezzlement by clerks and servants a new felony, but to have been declaratory of the common law on that subject; and therefore it was held, that an indictment framed upon it must contain all that is essential to an indictment for larceny at common law, a count framed upon that statute being, in fact, a special count in larceny: R. v. McGregor, 3 B. & P. 106; 2 E. P. C. 576; R. & R. 23; R. v. Johnson, 3 M. & S. 553. The indictment must therefore aver that the chattel or money embezzled was the property of the master: M.Gregor's case. With regard to the venue, it has been held, that where the property comes into the prisoner's possession in one county, and he denies the receipt of it, or refuses to account for it in another; the venue should be laid in the latter county, because, until such denial or refusal, the offence cannot be considered complete: R. v. Taylor, R. & R. 63. In one case, however, the venue, though laid in the former county, was, under particular circumstances, held corrrect: R. v. Hobson, R. & R. 56. The exact value of the property embezzled need not be stated in the indictment: R. v. Carson, R. & R. 303. It appears, by the FORTY-EIGHTH SECTION, that the indictment may charge three distinct acts of embez zlement within six months. These, being separate acts of felony, must be contained in separate counts; and there must be a special averment that the subsequent offences took place within six calendar months from the time the first was committed. The only real altera |