EMBEZZLEMENT. The legal distinction between larceny and embezzlement by persons in the employ of those whom they defraud, is this in the former, the property is taken from the actual, or constructive, possession of the master, or has been delivered by him to the servant for a special purpose only; in the latter, the property has never been in the possession of the master, but, being received by the servant for his master's use, is fraudulently appropriated to his own. Embezzlement by Clerks or Servants. -By the 7 & 8 G. 4. c. 29. s. 47. it is enacted, 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 the name, or on the 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 money, chattel, or security, was not received into the possession of such master, otherwise than by the actual possession of his clerk, servant, or other person so employed. SENTENCES. Transportation for any term not exceeding fourteen nor less than seven years; or imprisonment for any term not exceeding three years, with or without hard labour and with or without solitary confinement; and, if a male, to be once, twice, or thrice publicly or privately whipped, in addition to the imshall think fit. 7 & prisonment, if the Court 8 G. 4. c. 29. ss. 4. 47. In order, therefore, to constitute the offence of embezzlement, under the above clause, these circumstances must concur the party must be a clerk or servant; he must have received the thing in question by virtue of his employment, and on account of his master; and he must fraudulently embezzle it. By the next section of the same stat., any number of distinct acts of embezzlement, not exceeding three, committed against the same master, within six calendar months from the first to the last, may be charged in an indictment; and in every case, except where the offence relates to a chattel (which must be described as in an indictment for larceny), it is sufficient to allege the embezzlement to be of money, without specifying any particular coin or valuable security. Embezzlement of Public Moneys. The 2 W. 4. c. 4. s. 1. makes it felony for persons employed in the public service, to whom money, or securities for money, shall be issued for the public service, to embezzle the same. s. 26. every person employed under the Post Office who shall steal, or shall, for any purpose whatsoever, embezzle, secrete, or destroy a post letter, shall, in England and Ireland, be guilty of felony, and in Scotland, of a high crime and offence. Embezzling the Queen's Stores. That part of the 4 G. 4. c. 53. which is left unrepealed by the 7 & 8 G. 4. c. 27. s. 1. makes it felony for any person to steal or embezzle her majesty's ammunition, sails, cordage, naval and military stores; or of being accessary to any such offence. Embezzlement by Servants of the Bank of England and of the South Sea SENTENCES. valuable security, transportation for life, or for any term not less than seven years; or imprisonment for any term not exceeding four years with or without hard labour, and with or without solitary confinement: and if the letter do not contain any chattel, money, or valuable security, transportation for seven years; or imprisonment for any term not exceeding three years, with or without hard labour, and with or without solitary confinement. 7 W. 4. & 1 V. c. 36. ss. 26. 41, 42. Transportation for life, or for such term not years, less than seven as the Court imprisoned only, or to shall adjudge; or to be be imprisoned and kept to hard labour for any term not exceeding seven years. 4 G. 4. c. 53.; 7 & 8 G. 4. c. 27. s. 1. Transportation for life, or not less than SENTENCES. This is declared felony by seven years; or impri the 4 & 5 V. c. 56. s. 1. See also EMBEZZLEMENT, under MIS DEMEANORS. ESCAPE, PRISON-BREACH, AND RESCUE. An escape is where one who is arrested gains his liberty before he is delivered by the course of the law. And it may be by the party himself; either without force, before he is put in hold, or with force, after he is restrained of his liberty; or it may be by others; and this also either without force, by their permission or negligence, or with force, by the rescuing the party from custody. Where the liberation of the party is effected either by himself or others, without force, it is more properly called an escape; where it is effected by the party himself, with force, it is called prison-breaking or breach; and where it is effected by others, with force, it is commonly called a rescue. No escape on the part of the prisoner, short of prison-breach, amounts to felony. When, however, an officer, having a party lawfully in his custody, on a charge of felony, voluntarily permits sonment for any term not exceeding three years, with or without hard labour, and with or without solitary confinement. 4 & 5 V. c. 56. s. 4. An officer permitting a voluntary escape is punishable in the same which the prisoner was degree as the offence of guilty, and for which he him to escape, the officer is involved in the legal guilt of the crime charged on his prisoner, that is, 'if the original delinquent have received judgment or been attainted; but before such conviction, he may be fined and imprisoned, as for a misdemeanor. The breach of prison by a party in custody, for whatsoever offence, was felony by the common law; but by the statute de frangentibus prisonam (1 Ed. 2. st. 2.), it was enacted" that none from henceforth that breaketh prison shall have judgment of life or member for breaking of prison only, except the cause for which he was so taken and imprisoned did require such a judgment, if he had been convicted thereupon according to the law and custom of the realm." Thus for a prisoner to break prison, who is in custody on a charge of capital offence, is still felony, if the actual escape is proved; but when in custody on a minor charge, it is now a misdemeanor. SENTENCES. was in custody, whether treason, felony, or trespass. This punishment, however, cannot be in flicted before the original delinquent hath actually received judgment, or been attainted upon verdict, confession, or outlawry: before the conviction of the principal party, the officer may be fined and imprisoned as for a misdemeanor. (4 Blackstone's Comment. p. 130.) any If the party be com mitted for some capital offence, Transportation for seven years, or imprisonment for term with or without hard not exceeding two years, labour, and with or without solitary confinement; and, if a male, to be once, twice, or thrice publicly or privately whipped, in addition to the imprisonment, if the Court shall think fit. 7 & 8 G. 4. c. 28. ss. 8. 9. For from the PENITENTIARY prison-breach at MILLBANK, in case of a second offence, Trans |