(Carrying away.)

Nor taking Purse out of Owner's Pocket, or Shop, to
which it still continued fastened by a String.
$4.
Nor if in struggling the Purse fall to the Ground, the
Robber not having hold of it, &c. ib.

But snatching an Ear-ring out of the Ear by Force,
though it were lost again instantly and fell into the
Party's Hair, is sufficient. ib.

If the Thief once take, though he immediately return
the Thing again, it is Larceny.
§ 5.
Where there is one continuing Transaction, all may be
guilty as Principals, though several distinct Asporta-
tions; if all concur before final Asportation from
virtual Custody of Owner.

6.

III. By whom in particular Larceny may be committed.

1. Not by Joint Tenants. ib.

§ 7.

But by one of his own Goods from the Custody of another, having special Property in them, and with fraudulent Intent to charge him or the Hundred for the Value. ib.

2. But not by Wife from her Husband.

§ 8.

Nor by any other from him by her Delivery. ib.
Nor by Wife from any other in Husband's Presence. ib.
Aliter, if by his Command in his Absence. ib.
On Indictment against both, Husband may be acquitted
and Wife convicted, as well as vice versâ. ib.
Where it lies on Wife to prove her Marriage. ib.

3. By Servants, of the Things entrusted to their Charge

or Custody.

$9.

i. Upon Stat. 33 H. 6. c. 1. making Spoil of Masters Goods on their Death. ib.

ii. Upon Stat. 21 H. 8. c. 7.

$10. Servants withdrawing themselves with Things delivered to them by Masters to keep, or embezzling them to the Value of 40s. made Felony; but Clergy not ousted, unless Goods taken out of Dwelling-house, &c. by Stat. 12 Ann. c. 7. ib. Nor as it is said Offenders transportable; sed Quære. ib.

To

Not to Apprentices: but they are liable at common
Law. ib.

To what Goods. Such as are delivered by Master to

the Servant to be returned in Specie. Form of Indictment thereon.

$12.
12. i

13.

iii. By common Law Servants having only a bare Charge

or Custody of their Master's Goods may be guilty of Larceny in taking them, on the Principle that Possession of Servant for the Master is Possession of Master. $14. As where a daily Clerk embezzled a Bill of Exchange delivered to him by his Master to send by the Post.

$ 15. Or where a Tradesman's Servant broke open and purloined a Package of Goods delivered him to carry to a Customer. ib.

Or where a Servant went off with Money delivered to him to carry to another. ib.

Or where one entrusted with his Master's Cash Concerns got a Bill discounted in order to abscond with the Money, which he did. ib.

Aliter, where Master had no otherwise the Possession than by Receipt of the Servant by Delivery of another for his Master's Use, in which Case Embezzlement of the Servant no Larceny at Common Law.

§ 16 & 17.

Unless where Servant has first done some act to deter-
mine his original exclusive Possession, as by depositing
the Goods in his Master's House, Barge, &c. ib.
Or where he separates part from the Rest, and conveys
it away from the Vessel on board which his Master
had purchased it. ib.

And now by Stat. 39 Geo. 3. c. 85. Servants or Clerks
receiving Money, Goods, Bonds, &c. or other valu-
able Securities or Effects on Account of their Mas-
ters, &c. and fraudulently embezzling the same, shall
be deemed to have feloniously stolen the same; and
are subjected to Transportation not exceeding 14
Years.

18.

ཏི།

Felony without Clergy by Stat. 15 Geo. 2. c. 13. s. 12. 35 Geo. 3. c. 66. and 37 Geo. 3. c. 46. in such Persons embezzling any Note, Dividend-Warrant, Security for Money or Effects, &c. belonging to or deposited with the Bank.

3. By Officers and Servants of South-Sea Company. § 20. The same Provisions as above.

6. By Persons employed in or by the Post-Office. § 21. Secreting, embezzling or destroying any Letter, &c. entrusted to their Care or coming to their Possession, containing any Bank Note, Bill of Exchange, &c. Dividend-Warrant, &c. Felony without Clergy by Stat. 7 Geo. 3. c. 50. $21. Though Defendant have not taken the Oath required by Stat. 9 Ann. c. 10. s. 41. of Persons employed by the Post-Office. ib.

Qu. Whether one indicted as Charger and Sorter of Letters for such embezzling may not be convicted thereof as Sorter only. But if acquitted on special Count, he cannot be convicted on general Count as a Person employed in the Post-Office, being no otherwise employed than as Sorter. ib.

A Bill of Exchange may be laid as a Warrant for the Payment of Money within the Act. § 22. Stealing Letter containing Money not within the Act. ib. Indictment for secreting two Letters containing therein

a Bank Note, and Proof that the Bank Note was
sent in Halves on different Days, held within the
Act. ib.

Aliter perhaps of a Taking which means the original
Taking. ib.

Qu. As to secreting Letter containing a Bank Note,
not knowing the contents, with Intent to embezzle
Postage paid.
§ 23.
Semble within s. 19 of 5 Geo. 3. c. 25. which makes
it Felony to embezzle Postage received with Letter.
ib. & § 24.

Also

(By whom.)

Also Felony by same Act, to destroy Letter or advance

Rate of Postage and embezzle it.

$24.

How far varied by Stat. 7 Geo. 3. c. 50. s. 3. ib.
Letter-Carriers, &c. or others employed in Post-Office
taking or receiving any Letter, &c. and Postage
thereof, and destroying Letter, &c. or advancing Rate
of Postage on Letters, &c. and not duly accounting
for the Money, guilty of Felony by Stat. 7 G. 3.
c. 50. s. 3. ib.

Stealing Letters, &c. by Persons in general, vide Post. 7. By Persons employed in Manufactures. $ 25. Embezzling, &c. by those employed in Hat, Woollen, Linen, Fustian, Cotton, Iron, Leather, Fur, Hemp, Flax, Mohair, or Silk Manufactures, punished by Fine, Whipping, and Imprisonment, on summary Conviction, by Stat. 17 Geo. 3. c. 56. ib. 8. By Lodgers. ◊ 26. Stealing Furniture, &c. in Lodgings declared Felony by Stat. 3 and 4 W. & M. c. 9. s. 5. ib. But not where whole house let, or where Contract with Lodger to

make good what is missing. ib.

How Indictment to be framed to bring the Case within the Statute. ib.

IV. Of what Things Larceny may be committed. § 27. 1. Of Goods personal, not of the Realty, nor affixed thereto. ib.

Unless severed by distinct Act at different Time before Removal. ib.

Exceptions by Statute.

Stealing, &c. in the Night-time, Roots, Shrubs, or Plants, value 5s. growing in inclosed Grounds, Felony and Transportation for 7 Years by Stat. 6 Geo. 3.

c. 36.

$ 28. The same Offence in Day-time to any Value punishable by Fine on 1st and 2d Offence before Magistrate: 3d Offence Felony and Transportation for 7 Years by Stat. 6 Geo. 3. c. 48. which being passed

in

(Of what Things.)

in the same Session as the former, they must be construed together. $28. But stealing, &c. Turnips, Potatoes, &c. subject in all Instances only to Fine and Imprisonment upon summary Conviction, by Stat. 13 Geo. 3. c. 32. ib.

ii. The same Statutes of the 6 Geo. 3. with the like Con

struction apply to the stealing, &c. certain TimberTrees, or other Trees standing for Timber, or likely to become so.

$29. What Trees are within these acts, and that of 13 Geo.

3. c. 33. ib.

iii. Stealing or breaking, &c. with Intent to steal any Lead, Iron Bar, Grate, Palisadoe, or Iron Rail fixed to Dwelling-house or other Building, or fixed in any Garden, Fence, Outlet, &c. Felony and Transportation for 7 Years by Stat. 4. Geo. 2. c. 32. $30. The same Provision extended to any Copper, Brass, Bell-metal Utensil or Fixture, by Stat. 21 Geo. 3. c. 68. ib. And also to any Iron Rail or Fencing fixed in any Square, Court, or other Place. ib.

And to all Aiders; and to Buyers and Receivers of the same. ib.

A Church is a Building within the Stat. 4 Geo. 2. and Lead fixed thereto may be laid to be the Property of the Vicar; but better laid to be "fixed to a certain Building being the Parish Church," &c. § 31. But Iron Rails fixed to Tomb in Church-yard not within the Act. Nor a Window Casement of Iron, Lead, and Glass, as such.

But stealing Lead from House in Possession of Prisoner

under fraudulent Pretence of Lease, within Stat. ib. Stealing to the Value of 10d. held within the Acts, and Judgment of Whipping. ib.

iv. Black Lead; entering with Force the Mines with Intent to steal, or stealing the same there, or assisting or commanding, &c. thereto; Felony, punished by Imprisonment, hard Labour, and public Whipping, or Transportation; returning therefrom before Term, Death.

§32.

Buyers and Receivers guilty of Felony, and punishable as in other Cases. ib. 3 Y

2. Goals