suit, or proceeding which shall have been bonâ fide, instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition before any commissioners of bankrupt. 7 & 8 G. 4, c. 29, s. 52, (ante, p. 283).

Indictment against Bankers, &c., for embezzling Goods, &c., intrusted to them for safe keeping, &c.

Commencement as in the list precedent]-J. N. did intrust to J. S., for safe custody, ("for safe custody, or for any special purpose"), the said J. S. then and there being a banker and agent ("banker, merchant, broker, attorney, or other agent") a promissory note ("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 this kingdom, or of Great Britain, or of Ireland, or of any foreign state, or in any fund of any body corporate, company, or society"), of one J. P. for the payment of twenty pounds, without any authority to him the said J. S. to sell, negotiate, transfer, or pledge the said promissory note; and that the said J. S., late of the parish aforesaid, in the county aforesaid, banker and agent as aforesaid, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, in violation of good faith, and contrary to the object and purpose for which such promissory note was intrusted to

him as aforesaid, unlawfully did negotiate and convert to his [ *285] own use and benefit ("sell, *negotiate, transfer, pledge, or in any manner convert to his own use or benefit") the said promissory note ("such chattel or security, or the 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"); against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity.

Misdemeanor, 7 & 8 G. 4, c. 29, s. 49, punishable as in the last pre

cedent.

Evidence.

Prove that the defendant was a banker and agent, &c., as stated in the indictment-that the note or other security described in the indictment was intrusted to him for safe custody, or for the special purpose stated— that no authority was given to him to negotiate the note-and lastly, that he negotiated the note, and converted it to his own use and benefit, as stated in the indictment. See the provisions of the statute, 7 & 8 G. 4, c. 29, ss. 50, 52, in the last case, which apply to an indictment for this offence also.

BY FACTORS.

Statute.

5 & 6 Vict. c. 34, s. 6]—Enacts, that if any agent intrusted as aforesaid [with the possession of goods, or of the documents of title to goods, s. 1; see s. 4] shall, contrary to or without the authority of his principal in that behalf, for his own benefit, and in violation of good faith, make any consignment, deposit, transfer, or delivery of any goods or documents of title so intrusted to him as aforesaid, as or by way of a pledge, lien, or security; or shall, contrary to or without such authority, for his own benefit, and in violation of good faith, accept any advance on the faith of any contract or agreement, to consigo, deposit, transfer, or deliver such goods or documents of title as aforesaid, every such agent shall be deemed guilty of misdemeanor, and being convicted thereof, shall be sentenced to transportation for any term not exceeding fourteen years, not less than seven years, or to suffer such other punishment, by fine or imprisonment, or by both, as the court shall award; 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 procuring such advance as aforesaid, shall be deemed guilty of misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to any of the punishments which the court shall award as hereinbefore last mentioned: provided nevertheless, that no such agent shall be liable to any prosecution for consigning, depositing, transferring, or delivering any such goods or documents 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, deposit, transfer, or delivery, was justly due or owing to such agent from his principal, together with the amount of any bills of [*286 ] exchange drawn by or on account of such principal, and accepted by such agent; provided also, that the conviction of any such agent so convicted as aforesaid, shall not be received in evidence in any action at law or suit in equity against him; and no agent intrusted as aforesaid shall be liable to be convicted by any evidence whatsoever in respect of any act done by him, if he shall at any time previously to his being indicted for such offence, have dislosed 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 bonâ fide instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition taken before any commissioner of bankrupt.

Indictment.

Commencement as ante, p. 283]-J. N. did entrust to J. S., the said J. S, then and there being an agent of him the said J. N., ten bales of cotton of the value of fifty pounds ("intrusted with the possession of goods, or of the documents of title to goods"); and that the said J. S., late of the parish aforesaid, in the county aforesaid, agent as aforesaid, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, contrary to and without the authority of the said J. N., for his own benefit, and in violation of good faith, unlawfully did make a deposit of the said ten bales of cotton with one J. P., as and by way of a pledge, lien and security for a certain sum of money, to wit, the sum of fifty pounds, then advanced by the said J. P. to him the said J. S.: against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity.

Misdemeanor, transportation for not more than fourteen nor less than seven years, or fine or imprisonment, (with or without hard labour for the whole or any part of such imprisonment, and with or without solitary confinement. 7 & 8 G. 4, c. 29, s. 4, (ante, p. 169), such confinement not exceeding one month at any one time, nor three months in any one year, 7 W. 4 & 1 Vict. c. 29, s. 5, (ante, p. 169)), or both. 5 & 6 Vict. c. 39, s. 6. See also the 7 & 8 G. 4, c. 29, ss. 51, 53.

Evidence.

Prove that the goods, &c. described in the indictment were intrusted by J. N. to the defendant, as his agent, that the defendant deposited the goods with J. P., as a security for an advance of money, &c.; and, lastly, circumstances must be shewn from which the jury may infer that the defendant pledged the goods in violation of good faith, and contrary to and without the authority of the prosecutor. A factor who has a lien upon goods may pledge them to the extent of his lien. 5 & 6 Vict. c. 39, s. 6. And if he have, previously to the indictment, disclosed the act on oath under compulsory process of any court of law or equity, in any action, &c., bona fide instituted by any party grieved, or in any examination or deposition before any commissioner of bankrupt, he cannot be convicted by any evidence whatever. Id. The conviction will not be evidence against the defendant in any action at law or suit in equity against him. Id. As to what is an intrusting within the statute, and [ *287] what are to be considered as documents of title to goods, see Sect. 4. See also the 6 G. 4, c. 94.

BY BANKRUPTS.

Statute.

5 & 6 Vict. c. 122, s. 32]-Enacts, that if any person adjudged bankrupt after the commencement of this act shall not, upon the day limited for the surrender of such bankrupt, and before three of the clock of such day, or at the hour and day allowed him for finishing his examination, after notice thereof in writing to be left at the usual or last place of abode or business of such person, and notice given in the London Gazette of the issuing of the fiat, and of the sittings of the court authorized to act in the prosecution of the fiat against him, surrender himself to such court, or sign or subscribe such surrender, and submit to be examined before such court from time to time upon oath; or if any such bankrupt, upon such examination, shall not discover all his real and personal estate, and how, and to whom, upon what consideration, and when he disposed of, assigned, or transferred any such estate, and all books, papers, and writings relating thereunto (except such part as shall have been really and bonâ fide before sold or disposed of in the way of his trade, or laid out in the ordinary expense of his family); or if such bankrupt shall not upon such examination deliver up to the said court all such part of such estate, and all books, papers, and writings relating thereunto, as shall 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 of such estate, to the value of 101. or upwards, or any books of account, papers, or writings relating thereunto, with intent to defraud his creditors; every euch bankrupt shall be deemed guilty of felony, and be liable to be transported for life, o. 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, with or without hard labour, in any common gaol, penitentiary house, or house of correction, for any term not exceeding seven years.

Indictment.

Middlesex, to wit:-The jurors for our lady the Queen upon their oath present, that heretofore and before the committing of the offence hereinafter mentioned, to wit, on the third day of July, in the ninth year of the reign of our sovereign lady Victoria, at the parish of B., in the county aforesaid, J. S., late of the parish aforesaid, in the county aforesaid, tailor, being a trader within the meaning of the laws relating to bankrupts, was indebted to one J. N., late of in a certain sum of money

exceeding the sum of 50%., to wit, in the sum of 607., for the price and value of certain goods and merchandize before then sold and delivered by

the said J. N. to the said J. S., (or as the case may be), [ *288] and that the said J. S., so being such trader, and indebted as aforesaid, afterwards, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, did commit an act of bankruptcy, that is to say, by departing from his dwelling-house, with intent thereby to defeat and delay his creditors, (or, as the case may be.) And the jurors aforesaid, upon their oath aforesaid, do further present, that afterwards, to wit, on the third day of August, in the year aforesaid, at the parish aforesaid, in the county aforesaid, a fiat in bankruptcy was issued against the said J. S., and the said J. S. was thereupon then and there duly declared bankrupt; and the said J. S., so being declared bankrupt as aforesaid, afterwards, to wit, on the day and year last 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 ten pounds, one silver cream jug, of the value of one pound, and one ring of the value of five pounds, with intent then and there to defraud the creditors of him the said J. S.; against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. The indictment must still shew that the party has duly become bankrupt, and must therefore state the trading, petitioning creditor's debt, and act of bankruptcy. R. v. Jones, 4 B. & Ad. 345. For other offences against this statute, see post, Part II., Ch. II.

Felony, transportation for life or for not less than seven years, or imprisonment, with or without hard labour, in the common gaol, penitentiary, or house of correction, not exceeding seven years. 5 & 6 Vict. c. 122, s. 32. This offence is not triable at any quarter sessions. Vict. c. 38, s. 1, (ante, p. 69.)

5 & 6

For embezzlements by insolvents, see stats. 7 G. 4, c. 57, s. 70; 1 & 2 Vict. c. 110, s. 100; and see R. v. Champneys, 2 M. & Rob. 25. The indictment may be framed from the above, after an attentive perusal of the statute. The wilful and fraudulent omission, by an insolvent debtor, from his schedule, of any of his effects, is indictable as a misdemeanor. 1 & 2 Vict. c. 100, s. 99. See Reg. v. Marner, C. & M. 628.

Evidence.

Prove the fiat by producing it enrolled, see stat. 6 G. 4, c. 16, s. 95; 1 & 2 W. 4, c. 56, s. 16, and the adjudication in the same manner. Prove also the trading, petitioning creditor's debt, and act of bankruptcy. See R. v. Jones, supra. And see 5 & 6 Vict. c. 122, s. 25.