or indirectly causing to be received, knowing its contents, a letter or other writing demanding, with menaces and without reasonable or probable cause, any property, chattel, money, valuable security or other valuable thing (s). And penal servitude for five years, or imprisonment to the extent of two, is awarded to whomever shall demand with menaces or by force any property, chattel, money, valuable security or valuable thing, with intent to steal the same (t).

Moreover penal servitude for life or a term of years, or the alternative sentence of imprisonment-with or without hard labour, solitary confinement and whipping,—may be awarded to whomever shall commit the felonious crime of sending, delivering or uttering, or directly or indirectly causing to be received by any other person, a letter or writing, accusing or threatening to accuse any one of some crime punishable by law with death or by penal servitude for not less than seven years (u),-or of an assault or attempt or endeavour to commit any rape or infamous crime, but it must appear that the person accused knew of its contents, and acted with a view or intent thereby to extort or gain something from some person (e); and the same punishments may be awarded to whomever shall accuse or threaten to accuse either the person to whom such accusation or threat shall be made, or any other person, of any of the above crimes, with the view or intent of such extortion or gain, either from the person accused or threatened, or from any other person (x);—and (with the

(s) 24 & 25 Vict. c. 96, s. 44. This and the following provision are in substitution of 7 & 8 Geo. 4, c. 29, s. 8, and 7 Will. 4 & 1 Vict. c. 87, ss. 7, 12, repealed by 24 & 25 Vict. c. 95.

(t) 24 & 25 Vict. c. 96, s. 45; 27 & 28 Vict. c. 47.

(u) See also 6 & 7 Vict. c. 96, s. 3, as to the offence of threatening to publish or offering to abstain from publishing a libel with

intent to extort money, &c.; and sup. p. 101.

(e) 24 & 25 Vict. c. 96, s. 46. This section (which is in substitution for the repealed 7 & 8 Geo. 4, c. 29, s. 8) defines "the infamous crimes" to which it refers. See also as to the menaces or threats used, 24 & 25 Vict. c. 96, s. 49.

(x) Sect. 47, framed on 10 & 11 Vict. c. 66, s. 2, repealed by 24 & 25 Vict. c. 95. It is remarked in

exception of the whipping) may be awarded to whomever, with intent to defraud or injure another, shall by unlawful violence, restraint or threat to the person of another, or by accusing or threatening to accuse him of any treason, felony or infamous crime, compel or induce him to execute, make, accept, indorse, alter or destroy any valuable security; or to affix his name or the name of any other person or of any company, firm, or co-partnership, or the seal of any corporation or society, to any paper or parchment, in order that the same may be converted into a valuable security (y).

4. Larceny or embezzlement by clerks, servants, &c. Special provision against larcenies of this character was made by the statutes 33 Hen. VI. c. 1, and 21 Hen. VIII. c. 7; but both of these Acts were repealed by 7 & 8 Geo. IV. c. 27. By the enactments at present in force on the subject, contained in 24 & 25 Vict. c. 96, s. 68, it is provided, that whoever, being a clerk or servant, or person employed in the capacity of a clerk or servant, shall steal any chattel, money, or valuable security, belonging to or in the possession or power of his master, shall be guilty of felony, and liable to penal servitude for a term not exceeding fourteen years, nor less than five years (); or he may be imprisoned (with or without hard labour or solitary confinement) for a term not exceeding two years; and, if a male under the age of sixteen, may be whipped, if the court think fit, in addition to the imprisonment (a). And if such larceny be committed by one employed in the public service of her Majesty, or by a constable or other person employed in the police, the thing stolen belonging to or being in the

the Report of the Criminal Code Bill Commission (p. 29) that under the existing law of extortion as regulated by the above enactments, "a policeman or gamekeeper who levies blackmail under threats of accusing of larceny or poaching, if criminally responsible at all, is

only punishable with imprisonment and fine."

(y) 24 & 25 Vict. c. 96, s. 48. (z) See 27 & 28 Vict. c. 47.

(a) 24 & 25 Vict. c. 96, s. 67. This enactment is in the place of 7 & 8 Geo. 4, c. 29, s. 46, repealed by 24 & 25 Vict. c. 95.

possession or power of her Majesty, or intrusted to or received by the thief in virtue of his employment,-the same punishments as last mentioned (with the exception of whipping) may be awarded (b). And in addition to these provisions, there are separate enactments against embezzlement; a crime distinguished from larceny (properly so called), as being committed in respect of property which is not, at the time, in the actual or legal possession of the owner (c). As to this offence it is enacted, that whoever, being a clerk or servant, shall fraudulently embezzle any chattel, money, or valuable security, which shall be delivered to or received, or taken into possession by him, for or in the name or on the account of his master, shall be deemed to have feloniously stolen the same and punished accordingly (d): and that similar penalties shall attach if the offender be one employed in the service of her Majesty or in the police, and shall have been entrusted by virtue

(6) 24 & 25 Vict. c. 96, s. 69. See Reg. v. Moah, 25 L. J. (M. C.) 66.

(c) See R. v. Gill, 1 Dearsley's C. C. R. 289. As to the indictment for embezzlement, see 24 & 25 Vict. c. 96, s. 71. Upon the distinction between theft and embezzlement, the Report of the Criminal Code Bill Commission contains the following remarks: "The immediate consequence of the doctrine that a wrongful taking is of the essence of theft, is that if a person obtains possession of a thing innocently and afterwards fraudulently appropriates it, he is guilty of no offence. This doctrine has been qualified by a number of statutory exceptions, each of which has been attended with difficulties of its own;" and after explaining the course of legislation on this matter, the Commissioners proceed

thus nearly eaten up by exceptions, still survives as to all persons who come innocently into possession of the property of others, otherwise than as clerks, servants, bankers, merchants, brokers, solicitors, factors and other agents or bailees," -a state of the law which "is obviously most objectionable not only on account of its extreme intricacy and technicality, but also because the numerous exceptions to the common law rule are inconsistent with the principle on which it depends" (p. 28).

(d) 24 & 25 Vict. c. 96, s. 68. (See The Queen v. Negus, Law Rep., 2 C. C. R. 31; Same v. Foulkes, ib. 150. The punishment for theft is particularized, sup. p. 136. A verdict for embezzlement

may be had on an indictment, charging larceny, and vice versa. (Sect. 72.)

thereof with the receipt, custody, management or control of what he embezzled (e). And where the act of embezzlement has been committed by an officer or servant of the Bank of England or Ireland, in respect of some security, money or effects lodged at the Bank, or with him as its officer or servant, the term of penal servitude may be for life (f). With respect to fraudulent appropriation by agents and others, not amounting in legal contemplation either to larceny or felonious embezzlement, but still proper to be repressed by highly penal enactments, other provisions have been made. Thus it is enacted, that any person entrusted with money or valuable security in the capacity as a banker, merchant, broker, attorney, or other agent, and with a written direction to apply the same in some specified mannerwho shall, in violation of good faith and contrary to such direction, convert the same to the use or benefit of any one other than the person by whom he was so entrusted, is guilty of a misdemeanor; and he may for such offence be sentenced to penal servitude for a term not exceeding seven years, nor less than five years, or to imprisonment not exceeding two years with or without hard labour and solitary confinement (g). Again, if a chattel or valuable security, or power of attorney for the sale or transfer of a share or interest in any stock or fund,-shall be entrusted to a banker, merchant, broker, attorney or other agent, either for safe custody or for some special purpose ;-and he shall, in violation of good faith and contrary to such purpose, sell, negotiate, transfer, pledge, or in any manner convert the same to the use or benefit of one other than him by whom he was entrusted;-every such offender shall incur the same penalties, as are imposed in the case last before mentioned (). It is provided, however, that these

(e) 24 & 25 Vict. c. 96, s. 70. (f) Sect. 73. As to embezzlement by officials of the Crown, see post, pp. 201, 204.

(g) Sect. 75. See 27 & 28 Vict. c. 47.

(h) 24 & 25 Vict. c. 96, s. 75 (see The Queen v. Christian, Law Rep., 2 C. C. R. 94; Same v. Cooper, ib. p. 123; Same v. Tatlock, 2 Q. B. D. 157). The section is framed on 7 & 8 Geo. 4, c. 29, ss. 49, 50; re

enactments relative to agents shall not be construed so as to affect a trustee or mortgagee in respect of an act done by him in relation to the property comprised in the trust or mortgage: nor shall it restrain a banker, merchant, broker, attorney or other agent, from receiving money due upon any valuable security, in such manner as he might otherwise have lawfully done: nor from disposing of securities or effects in his possession, upon which he shall have a lien, claim, or demand, which entitles him to dispose thereof,-unless such disposal shall extend to more than shall be requisite for satisfying such lien, claim or demand (). It is also enacted, that any banker, merchant, broker, attorney, or agent, entrusted with any property for safe custody (); or with any power of attorney for the sale or transfer of any property,-who shall fraudulently convert or appropriate the same to the use or benefit of one other than the person by whom he was entrusted, shall be guilty of a misdemeanor; and be punishable in the manner and to the extent as in the misdemeanor last before mentioned (1). And also that any factor or agent entrusted with the possession of goods or documents of title to goods, who shall without the authority of his principal, for the use or benefit of any person other than him, and in violation of good faith, make any consignment, deposit, transfer or delivery of such goods or documents, by way of a pledge or security for money or valuable security borrowed by such factor or agent, or who shall accept advances on the faith of an agreement to pledge such goods or documents, shall incur the same penalties as in

pealed by 24 & 25 Vict. c. 95. As to the punishment see also 27, & 28 Vict. c. 47.

(i) 24 & 25 Vict. c. 96, s. 75. (4) The term "property". in the interpretation of 24 & 25 Vict. c. 96, includes every description of real and personal property, money, debts and legacies, and all deeds and in

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struments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods. (Sect. 1.)

(1) Sects. 76, 77. Provisions to the same effect were contained in the Fraudulent Trustees Act (20 & 21 Vict. c. 54), now repealed by 24 & 25 Vict. c. 95.