«rity, money, or other effects belonging to the said company, or + Sect. 2. It has been held, previous to the passing of the above Case of J.Waite, statute, that it was not felony at the common law for the cashier Cases C. L. 26. of the Bank of England to steal an India bond committed to his care, pursuant to the statute 12 Geo. 1. c. 32. and therefore that this statute creates a new felony unknown to the common law. The stat. 35 Geo. 3. c. 66. s. 6. and 37 Geo. 3. c. 46. for making certain annuities created by the parliament of Ireland transferable and the dividends payable at the Bank of England, contain exactly the same provisions with respect to officers and servants of the Bank "entrusted with any note, bill, dividend warrant, or warrant for payment of any annuity, or interest, or money, or any security, money, or other effects of or belonging "to the said governor, &c. or having any note, &c. or other ef"fects of any other person or persons, body politic or corporate, lodged or deposited with the said governor, &c. or with him as an officer, or servant, &c. in pursuance of those acts." 66 Larceny by Clerks belonging to the Post-office. com By 9 Ann. c. 10. s. 40. it is recited, "That abuses may be mitted by wilfully opening, embezzling, detaining, and delaying of letters or packets, to the great discouragement of trade, com 66 tained, or merce, and correspondence ;" AND ENACTED, That no person No letters to be or persons shall presume wittingly, willingly, or knowingly, to opened, de"open, detain, or delay, or cause, procure, permit, or suffer to delayed. "be opened, detained, or delayed, any letter or letters, packet or packets, after the same is or shall be delivered into the general 66 66 or other post-office, or into the hands of any person or persons employed for receiving or carrying post letters, and before de"livery to the person or persons to whom they are directed, or "for their use; except by an express warrant in writing under Exceptions. "the hand of one of the principal secretaries of state, for every "such opening, detaining, or delaying; or except in such cases "where the party or parties, to whom such letter or letters, packet or packets, shall be directed, or who is or are hereby chargeable with the payment of the port or ports thereof, shall "refuse or neglect to pay the same; and except such letters or packets as shall be returned for want of true directions, and "where the party, to whom the same is or are directed, cannot "be found; and that every person or persons offending in man"ner aforesaid, or who shall embezzle any such letter or letters, "packet or packets, shall for every such offence forfeit the sum "of twenty pounds; the said penalties for any such offence com"mitted in England, Wales, or Berwick upon Tweed, to be re"covered by action, bill, plaint, or information in any of her "Majesty's 66 VOL. I. M Penalties of secreting or em bezzling any letter with any &c. "Majesty's courts of record at Westminster; and for any such ❝ offence committed in that part of Great Britain called Scotland, to be recovered in the court of sessions or exchequer "there; such penalties respectively to be recovered by such person or persons as will inform or sue for the same, together with "full costs of suit; and over and above such penalty as aforesaid, "every such person or persons so offending as aforesaid, shall be " for ever incapable of having, using, exercising, or enjoying any "office, trust, or employment in or relating to the post-office, or "6 any branch thereof." + Sect. 2. By 5 Geo. 3. c. 25. s. 17. it is enacted, "That if any ❝ deputy, clerk, agent, letter-carrier, or other officer whatsoever, "appointed, or to be hereafter appointed, and employed in the bank bill or note, "business of the post-office, shall secrete, embezzle, or destroy any "letter, packet, bag, or mail of letters, which he, she, or they, "shall and may be respectively entrusted with, or which shall "have come to his, her, or their hands, or possession, by virtue "of their respective employments in the said post-office, contain"ing any bank note, bank post bill, bill of exchange, exchequer "bill, South Sea or East India bond, dividend warrant of the "bank, South Sea, East India, or any other company, society, or corporation, navy or victualling bill, seaman's ticket, state lottery ticket, goldsmith's note for the payment of money, or "other bond or warrant, bill, or promissory note for the pay❝ment of money, or American provincial bill of credit; or shall "steal and take out of any letter or packet that shall come to his, ❝her, or their hands or possession, by virtue of their respective " employments, any such bank note, bank post bill, bill of ex"change, exchequer bill, South Sea or East India bond, dividend warrant of the bank, South Sea, East India, or any other com"6 pany, society, or corporation, navy or victualling bill, seaman's "ticket, state lottery ticket, goldsmith's note for the payment of money, or other bond or warrant, or promissory note for the payment of money, or American provincial bill of credit, with "intent to secrete, embezzle, or destroy the same; every such of"fender or offenders, being thereof convicted in due form of "law, shall be deemed guilty of felony, and shall suffer death as " a felon." Sect. 3. By 5 Geo. 3. c. 25. s. 19. it is further enacted, "That if any deputy, clerk, agent, letter-carrier, or other servant, "appointed, authorized, and entrusted, to take in letters or pack"ets, and receive the postage thereof, shall embezzle, or apply "to his, her, or their own use, any money or monies by him, ❝her, or them, received with such letters or packets, for the post"age thereof; or shall burn or otherwise destroy any letter or "letters, packet or packets, by him, her, or them, so taken in or "received; or who, by virtue of their respective offices, shall "advance the rates upon letters or packets sent by the post, and "shall not duly account for the money by him, her, or them, re"ceived for such advanced postage; every such offender or of "fenders, being thereof convicted as aforesaid, shall be deemed guilty of felony." + Sect. 4. + Sect. 4. By 7 Geo. 3. c. 50. s. 1. IT IS RECITED, "That it is Officers or of the utmost importance to the trade and commerce of these others, who shall kingdoms, that all letters, packets, bank notes, bills of exchange, letter, &c. consecrete, &c. any and other things, may be sent and conveyed by the post with the taining any note greatest safety and security; and it having been found necessary, for payment of that some further regulations and provisions should be made for money; or shall steal, &c. Death. that purpose," IT IS ENACTED, "That if any deputy, clerk, "agent, letter-carrier, post boy, 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, shall secrete, embezzle, or destroy, any letter or "letters, packet or packets, bag, or mail of letters, which he, she, " or they, shall and may be respectively entrusted with, or which "shall have come to his, her, or their hands or possession, containing any bank note, bank post bill, bill of exchange, exchequer bill, South Sea or East India bond, dividend warrant of "the bank, South Sea, East India, or any other company, society, "or corporation, navy or victualling or transport bill, ordnance "debenture, seaman's ticket, state 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, draught, bill, or promissory note whatsoever, for the payment "of money; or shall steal and take out of any letter or packet "that shall come to his, her, or their hands or possession, any "such bank note, bank post bill, bill of exchange, exchequer bill, "South Sea or East India bond, dividend warrant of the bank, "South Sea, East India, or any other company, society, or corporation, navy or victualling or transport bill, ordnance deben"ture, seaman's ticket, state lottery ticket or certificate, bank re"ceipt 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, gold"smith's or banker's letter of credit or note for or relating to the payment of money, or other bond or warrant, draught, bill, or "promissory note whatsoever, for the payment of money; every "such offender or offenders, 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." 46 66 + Sect. 5. By 7 Geo. 3. c. 50. s. 3. It is further enacted, Officers, or "That if any deputy, clerk, agent, letter-carrier, officer, or other others, who shall destroy any letperson whatsoever, employed or hereafter to be employed in ter, &c. guilty of any business relating to the post-office, shall take and receive felony. "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 "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 M 2 "deputy, Hassell's case, 66 66 deputy, clerk, agent, letter-carrier, officer, or other person what"soever, so employed, or hereafter to be 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." + Sect. 6. It seems that these statutes do not create any new ofCases C. L. 1. fence, but that if a sorter of letters embezzle a letter containing a bank note, or any other of the securities for money mentioned in 2 Geo. 2. c. 25. he is thereby guilty of felony at common law, although such letter was entrusted to his care. Case of Richard Clay. York Assizes. Rex v. Shaw, 2 Black. 789. Sloper's case, Skutt's case, + Sect. 7. It has been decided, that it is not necessary that the servant employed by the post-office should have taken the oaths required by 9 Ann. c. 10. s. 17. and 41. in order to be within the penalties of the act. 66 + Sect. 8. It hath been determined, that if a clerk of the postoffice be indicted on this statute, and the first count charge him as a clerk employed in charging and sorting of letters, &c." and a second count, as " a person employed in the business relating "to the general post-office," that the jury may legally convict the offender on the first count, by a special finding that he was a sorter only, if it appear in evidence that he was not a charger of letters; but that if, on such evidence, they acquit him generally on the first count, judgment of" guilty" on the second count shall be arrested, for it is not proved that he was a person employed in any other business relating to the post-office than as a sorter, and he is acquitted of having been guilty of the offence in that capacity. Sect. 9. It is said, that if a servant of the post-office embezzle a letter not containing any of the securities mentioned in the statute 2 Geo. 2. c. 25. and secrete it merely for the purpose of defrauding the post-office of the money which he has received for the postage of the letter, he is not indictable on the above statute for the capital felony. + Sect. 10. It is also said, that it is not a capital offence within Cases C. L. 100. the above statute, for a servant of the post-office to secrete a letter containing money only, but that he may be indicted for the simple larceny at common law. Secreting, embezzling, &c. by officers, &c. felony. By the statute 52 Geo. 3. which is an act for reducing into one act all the provisions then in force inflicting the penalty of death for offences against the revenue, it is enacted by s. 2. "That if any deputy, clerk, agent, letter-carrier, post-boy, or rider, or any other officer or person whatsoever, employed by "or under the post-office of Great Britain, in receiving, stamp"ing, sorting, charging, carrying, conveying, or delivering letters " or packets, or in any other business relating to the said office; "shall, after the passing of this act, secrete, embezzle, or destroy "any any letter or packet, or bag or mail of letters, with which he or "she shall have been entrusted in consequence of such employ"ment, or which shall in any other manner have come to his or "her hands or possession, whilst so employed, containing the "whole, or any part or parts of any bank note, bank post bill, "bill of exchange, Exchequer bill, South Sea or East India "bond, dividend warrant, either of the bank, South Sea, East "India, or any other company, society, or corporation, navy or victualling or transport bill, ordnance debenture, seaman's "ticket, state lottery ticket or certificate, bank receipt for pay"ment 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, draught, bill, "or promissory note whatsoever for the payment of money; "or shall steal and take out of any letter or packet with which " he or she shall have been so entrusted, or which shall have so come to his or her hands or possession, the whole or any "part or parts of any such bank note, bank post bill, bill of exchange, Exchequer bill, South Sea or East India bond, divi"dend warrant, either of the bank, South Sea, East India, "or any other company, society, or corporation, navy or vic"tualling or transport bill, ordnance debenture, seaman's ticket, "state lottery ticket or certificate, bank receipt for payment of "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, draught, bill, or pro"missory note whatsoever for the payment of money; every person so offending, being thereof convicted, shall be adjudged "guilty of felony, and shall suffer death as a felon, without "benefit of clergy.” “ And by sect. 3. accessaries before the fact are ousted of clergy, and may be tried before the principal is convicted. By 24 Geo. 2. c. 11. s. 3. embezzlement by officers and servants of the South Sea Company of securities committed to their custody, is made felony without benefit of clergy. Larceny of Things, which at Common Law are considered as part of the Freehold. In speaking of what things larceny may be committed, Hawkins observes, in the previous part of this chapter, that they ought to be no way annexed to the freehold. It is therefore necessary to state the alterations made by statute in this respect. With respect to Fences, Hedges, and Orchards. + Sect. 1. By 43 Eliz. c. 7." Whoever shall cut or unlawfully "take |