shall have been committed, without stating the same to be in any particular Parish; and where the Offence is committed on the Border of any County, so as to make it difficult to ascertain the County, such Offence may be stated to have been committed in the County in which the Indictment shall be preferred, being either the County in which the Offence was committed, or the adjoining County. towns, &c. may The fourth section recites, that it is doubtful whether Jus- Justices for tices of the Peace for Towns Corporate, Boroughs, or other act as Justices for places, and not being Counties of themselves, and having counties, special or exclusive Jurisdictions, can act by virtue of the Statute of the Thirty-first Year aforesaid; and then enacts and declares, that it shall be lawful for such Justices to act in all cases arising within their respective Jurisdictions in like manner as any Justice of the Peace for any County, Riding, or Division may act for such County, Riding, or Division, in the execution of the said Act, or of any Law for protecting the Oyster Fisheries, and Broods of Oysters. Nothing herein contained shall extend, or be construed to extend, to repeal any of the Provisions of the said Act of the Thirty-first Year aforesaid, except so far as the same respect the stealing and taking of Oysters from any Oyster Bed, Laying, or Fishery. s. 5 XVIII. Larceny by Lodgers. Provisions of as to stealing oysters. to take away, let to be used Whereas it is a frequent practice for idle and disorderly It shall be felony persons to hire Lodgings with an intent to have an opportunity embezzle, or to take away, imbezil, or purloin the Goods and Furniture being purloin chattels in such Lodging, be it therefore enacted and declared, that if with furnishedlodgings. any person or persons shall take away, with an intent to steal, imbezil, or purloin, any Chattel, Bedding or Furniture, which by Contract or Agreement he or they are to use, or shall be let to him or them to use in or with such Lodging, such taking, imbezzling, or purloining, shall be to all Intents and Purposes taken, reputed, and adjudged to be Larceny and Felony, and the Offender shall suffer as in case of Felony. 3 W. & M. c. 9. s. 5. This Act is continued by 4, 5 W. & M. c. 24. s. 13., and made perpetual by 6, 7 W. 3. c. 14. s. 1. & § 1. Proceedings to be had against servants taking and spoiling their master's goods after the death of such master. XIX. Larceny by Servants in general. First, our foresaid Lord the King, considering how that of late time divers Household Servants, as well of Lords as of other persons of good degree, shortly after the death of their Lords and Masters, violently and riotously have taken and spoiled the Goods which were of their said Lords and Masters at the time of their death, and the same distributed amongst them, to the impediment of the Execution of the Will of their said Lords and Masters, and to the great displeasure of God, and also contrary to the duty and truth which they ought to have had towards their said Lords and Masters, and to a perilous example in time to come, unless due remedy in this behalf be provided; wherefore the same Lord the King, by the Advice, Assent, and Authority aforesaid, hath ordained and established, that after full Information made to the Chancellor of England for the time being, by the Executors of any such Lord or Person, or Two of the said Executors, of such riot, taking, and spoil made, or hereafter to be made, by the Household Servants of their or his said Testator after his death, the same Chancellor, by the advice of the Chief Justices of the King's Bench, and of the Common Bench and Chief Baron of the Exchequer for the time being, or Two of them, shall have power to make so many and such Writs, to be directed to such Sheriffs by their discretion, as to them in this behalf shall seem necessary, to make open Proclamation in such Cities, Boroughs, Towns, or Places, Two Market Days, within Twelve Days next after the delivery of the same Writs, as to the same Chancellor, by the Advice aforesaid, shall seem reasonable; that the same Offenders shall appear before the same our Lord the King, or his Heirs in his Bench, at such a day as by the said Writ shall be limited, so that the said Proclamation be made by Fifteen Days before the same day of Appearance; and if any such Writ be returned at the day contained in the said Writ, and the Writ be executed, that Proclamation is thereupon had and made according to the said Ordinance, and then if the said person or persons which should appear by reason of the said Proclamation, make default at the day specified in the said Writ, and do not appear, then he or they so making default shall be attainted of Felony. And if any person or persons do appear at the same day, then the Justices of the said King's Bench shall have power by the said Ordinance, to commit such person or persons so appearing to Prison, there to remain according to the said Justices discretion, until the said Offenders in the said Bench do answer to the said Executors in such Actions, which the said Executors will declare against them, or any of them, by Bill or by Writ, for the Riot, taking and spoiling aforesaid, and that the same Actions be determined; so that the same Actions be pursued with effect and not slackly, to the intent to keep the same person or persons in prison; and if such person or persons be set at liberty out of Prison by the said Justices, that then the same person or persons shall find sufficient persons to be bounden with them to the said Executors, by way of Recognizance in the said Bench, by discretion of the Justices, to keep such days as he or they shall have by the same Court; and if the Keepers of the Prison whereunto the said person or persons be committed, do let them go at large out of the Prison of his own Authority, without the Consideration and Order of the said Justices, then the said Keeper shall forfeit and lose Forty [Four hundred] Pounds to the said Executors; and that no protection be allowed in any Action to be taken upon the said Ordinance. 33 H. 6. c. 1. $ 2. Servants embez zling their mas ters goods to the of felony. The Statute 21 H. 8. c. 7. reciting that where divers the the King's subjects had upon confidence and trust delivered to their Servants their Caskets and other Jewels, Money, Goods, and Chattles, safely to be kept to the use of their said Masters value of 40s. declared guilty or Mistresses, and after such delivery, such Servants had withdrawn themselves, and gone away with the said Caskets, &c. or part thereof, to the intent to steal the same, and defraud their said Masters, &c. thereof, and some time being with such Masters, &c. have converted the said Jewels, Money, Goods, and Chattles, or part thereof, to their own use, which misbehaviour so done was doubtful in the Common Law whether it were Felony or not; be it therefore enacted, that all and singular such Servants to whom any such Caskets, Jewels, Money, Goods, or Chattles by his or their said Masters or Mistresses shall from henceforth so be delivered to keep, that if any such Servant or Servants withdraw him or them from their said Masters or Mistresses, and go away with the said Caskets, Jewels, Money, Goods, or other Chattles, or any part thereof, to the intent to steal the same, and defraud his or their said Masters or Mistresses thereof, contrary to the trust and confidence to him or them put by his or their said Masters or Mistresses, or else being in the service of his said Master or Mistress, without assent or commandment of his Exceptions in favour of appren tices and persons under 18. Masters or Mistresses he embezil the same Caskets, Jewels, Money, Goods, or Chattles, or any part thereof, or otherwise convert the same to his own use, with like purpose to steal it, that if the said Caskets, Jewels, Money, Goods, or Chattles that any such Servant shall so go away with, or which he shall embezil, with purpose to steal it, as is aforesaid, be of the value of xl. s., or above, that then the same false, fraudulent, and untrue act or demeanour from henceforth shall be deemed and adjudged Felony, and he or they so offending to be punished as other Felons be punished for Felonies committed, by the course of the Common Law. 21 H. 8. c. 7. This Act shall not extend to Apprentices committing any such offence during the period of their Apprenticeship, nor to any servant within the age of 18 years. s. 2. By the Statute 27 H. 8. c. 17. Clergy was also taken away in this case, and both Statutes were made perpetual by 28 H. 8. c. 2., and the Statute 27 H. 8. c. 17. was confirmed by 1 Ed. 6. c. 12. s. 18.; but both these Acts were repealed by the Statute 1 M. st. 1. c. 1. s. 5. which enacted, that "all offences made Felony, or limited or appointed to be within the case of premunire by any Act or Acts of Parliament, Statute or Statutes made sithence the first day of the first year of the reign of the late King Henry the 8th, not being Felony before, nor within the case of premunire, and also all and every branch, article, and clause mentioned, or in anywise declared in any of the same Estatutes, concerning the making of any offence or offences to be Felony, or within the case of premunire, not being Felony, nor within the case of premunire before, and all pains and forfeitures concerning the same, or any of them, shall from henceforth be repealed, and utterly void and of none effect." The Statute 21 H. 8. c. 7. was however revived by the Statute 5 Eliz. c. 10. which recites that Statute, and that by the general words of the Statute of 1 M. st. 1. c. 1. the said Statute 21 H. 8. c. 7. was from thenceforth utterly repealed and made void; and "that forasmuch as sithence the repeal of the same, the said Act is thought necessary for the common wealth of this Realm;" and then enacts, that the said Act made in the one and twentieth year, and every clause, article, branch, sentence, and provision therein contained, be from henceforth revived and put in due execution, according to the intent and meaning thereof, and from thenceforth shall stand good, endure, and continue for ever. Servants, &c. stealing to the house or out of clergy. The Statute 12 Ann st. 1. c. 7. recites that divers wicked and ill-disposed Servants and other persons are encouraged to value of 40s. in commit Robberies in Houses by the privilege as the law is, any dwelling of demanding the benefit of their Clergy; and then enacts, that house thereto all and every person or persons that shall at any time from and belonging, ousted after 1 July 1713 feloniously steal any Money, Goods, or Chattels, Wares, or Merchandizes of the value of forty shillings or more, being in any Dwelling-house or Outhouse thereunto belonging, although such House or Outhouse be not actually broken by such offender, and although the owner of such Goods, or any other person or persons be or be not in such House or Outhouse, or shall assist or aid any person or persons to commit any such offence, being thereof convicted or attainted by verdict or confession, or being indicted thereof shall stand mute, or shall peremptorily challenge above the number of twenty returned to be of the Jury, shall by virtue of this Act be absolutely debarred of and from the benefit of Clergy; any law or custom to the contrary notwithstanding. By s. 2. the Act shall not extend to Apprentices under the age of fifteen years, who shall rob their Masters as aforesaid. The Statute 39 G. 3. c. 85. which is intituled "An Act to protect Masters against Embezzlements by their Clerks or Servants" recites, that " Bankers, Merchants, and others are, in the course of their dealings and transactions, frequently obliged to entrust their Servants, Clerks, and persons employed by them in the like capacity, with receiving, paying, negotiating, exchang ing, or transferring Money, Goods, Bonds, Bills, Notes, Bankers Drafts, and other valuable Effects and Securities; and whereas doubts have been entertained whether the embezzling of the same by such Servants, Clerks, and others so employed by their Masters amounts to Felony by the Law of England; and it is expedient that such offences should be punished in the same manner in both parts of the United Kingdom ;" and then enacts and declares, that if any Servant or Clerk, or any person employed for the purpose in the capacity of à Servant or Clerk to any person or persons whomsoever, or to any Body Corporate or Politic, shall by virtue of such employment receive or take into his possession any Money, Goods, Bond, Bill, Note, Banker's Draft, or other valuable Security or Effects, for or in the name or on the account of his Master or Masters, or Employer or Employers, and shall fraudulently embezzle, secrete, or make away with the same, or any part thereof, every such offender shall be deemed to have feloniously stolen the same § 3. Servants or clerks embez zling money, or value on security, &c. declared guilty of stealing the same, and may be transported for four teen years. |