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generality of the charge, and cited M'Gregor's Case 2 Russ. 1234, (a) but in that case the indictment was held bad because it did not state whose property the money was. See the statute 39 Geo. 3, c. 85. (b)

But it being admitted that this was the usual form in which indictments for embezzlement were drawn, the learned Judge would not stop the case, but reserved the point for the consideration of the Judges.

The fact of embezzlement by the defendant was clearly established, but the question submitted, turned entirely upon the description of the prosecutors given in the indictment, viz., directors of the poor of several parishes within the town of Shrewsbury, and the liberties thereof, in the county of Salop.

By the local act of the 24th Geo. 3, c. 15, several of the inhabitants of seven parishes within the town and liberties of Shrewsbury are incorporated by the name of "the Guardians of the Poor of several parishes within the town of Shrewsbury, and the liberties thereof, in the county of Salop." They are to have perpetual succession, and a common seal, and are to sue and be sued by that name. These guardians are to appoint twelve

(a) S. C. Russ. & Ry. C. C. R. 23. 3 B. & P. 106. 2 East, P. C. 576. 2 Leach, C. C. 932, 4th ed.

(6) Which enacts, that if any servant or clerk, or any person employed for the purpose in the capacity of 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 of, 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 from his master or masters, or employer or employers, for whose use, or in whose name or names, or on whose account the same was or were delivered to or taken into the possession of such servant, clerk, or other person so employed, although such money, &c. was or were no otherwise received into the possession of his or their servant, &c.; and every such offender, his adviser, &c., being thereof convicted, shall be liable to be transported for any term not exceeding fourteen years.

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directors out of the most discreet of the said guardians, who are to be called directors of the poor of several parishes, &c., and are to continue for one year; then four of the twelve are to go out by ballot, and four others are to be elected in their stead; "and the said twelve directors so to be chosen and elected, shall be empowered to put in execution all the powers and authorities of this act, for and during such time as they shall respectively continue to act as directors."

By section 13. The guardians and directors, from time to time, are to appoint one or more governor or governors, and steward or stewards, &c.

The prisoner was appointed steward by the guardians, and after that continued to act as steward to the directors.

By section 34. "The property of all and every the goods and chattels, furniture, provisions, clothes, linen, wearing apparel, tools, utensils, and materials whatsoever, to be from time to time had, made, bought, used, or provided, for the use of the poor, and for carrying into execution the several purposes of this act; and also all debts due to the said corporation for the poor's work, or otherwise, shall be and are hereby absolutely vested in the said directors for the time being, for the purposes of this act; and they the said directors are hereby authorised and empowered to bring actions in their corporate capacity against any persons who shall disturb them in the possession thereof, and shall and may make any accusation before any justice of the peace, who shall thereupon cause the person accused to be apprehended as a felon," &c.

The 38th section gives a power to the said corporation to sue on bonds, which had been given to the different parishes before this act, for indemnifying them against

the charge of bastard children, in the name of the said corporation.

Curwood and Slaney for the prisoner, contended that the moneys in question should have been laid to be the property of the guardians, and not of the directors, who were merely in the nature of a committee for managing the concerns of the body at large, and quoted Sherrington's and Bulkley's Case, 2 Russ. 1145; S. C. 1 Leach 513, C. C. 4th ed.

The learned Judge thought the objection well founded, and would have directed an acquittal, but the gentleman who prepared the indictment so strenuously pressed the correctness of it, particularly referring to the 34th clause above quoted, and the act of Parliament being a very confused one, he thought it better to save the point for the consideration of the Judges.

In Easter term, 1824, the Judges met, and considered this case. They held that the conviction was wrong on the authority of Sherrington and Bulkley's Case, being of opinion that the indictment ought to have described moneys, either as the moneys of "The Guardians of the Poor," by their corporate name, or of the individuals who formed the body of the directors, calling them by their private names as individuals.

the

REX v. PETER ROSINSKI.

Making a female patient strip naked under the pretence that the defendant, a medical man, cannot otherwise judge of her illness is, if he himself takes off her clothes, an assault.

THE defendant was tried and convicted before Mr. Justice BAYLEY, at the Lent assizes for the county of Lancaster, in the year 1823,

The second count of the indictment charged, that before and at the time of committing the offence hereinafter next mentioned, to wit, on the 27th of January, in the year aforesaid, the said Ann Gibbins became and was sick and disordered, to wit, at, &c., aforesaid, and the said Peter Rosinski did then and there pretend to administer relief to persons labouring under divers maladies and disorders, and that the said Ann Gibbins by reason thereof, and for the purpose of being cured of her said last mentioned sickness and disorder, then and there applied to the said Peter Rosinski, for the purpose of being cured of such last mentioned sickness and disorder, and that he the said Peter Rosinski did then and there pretend to the said Ann Gibbins that it was necessary for the cure of such her last mentioned sickness and disorder, that she the said Ann Gibbins should be naked and uncovered before and in the presence of him the said Peter Rosinski, and did then and there unlawfully and indecently cause and procure the said Ann Gibbins to pull and strip from and off the body of her the said Ann Gibbins, certain clothes and wearing apparel wherewith the said Ann Gibbins was then and there clothed and covered, and then and there to be unnecessarily and unlawfully naked and uncovered in the presence of him the said Peter Rosinski, with intent then and there her the said Ann Gibbins unlawfully to deflower and carnally know to the great damage of the said Ann Gibbins, to the evil example, &c., and against the peace, &c.

The third count was for a common assault.

It appeared from the evidence that the defendant pretended to be able to cure disorders of all kinds. Ann Gibbins, the prosecutrix, applied to the defendant to be cured of fits, when the defendant told her she must strip naked. Upon the prosecutrix refusing to do this, the defendant told her that she must or else he could not do

her any good. The prosecutrix then began to untie her dress, and the defendant stripped off all her clothes; she told him at the time she did not like to be stripped in that manner, but said nothing more. When she was stripped, the defendant rubbed her five or ten minutes with some stuff from a bottle, and then bid her put on her clothes, which she did, and went away: she said she did not put off her clothes willingly, he made her.

From the prisoner's defence it seemed as if he wanted to discover if she had the menses about her at the time. The learned Judge left it to the jury to say whether the prisoner really believed that the stripping her could assist him in enabling him to cure her.

The jury were satisfied he had no such belief, and that it was wholly unnecessary; but the learned Judge doubted whether the special count was good in law, and whether the making her strip and pulling off her clothes was an assault, and reserved those points for the consideration of the Judges.

In Easter term, 1824, the Judges met and considered this case, and the conviction for the common assault was held right. (a)

(a) Vide Rex v. Nichol, Russ. and Ry. C. C. R. 130.

REX v. ARMSTRONG AND BURKE.

If a prisoner does not pray his clergy in a clergyable felony, and sentence of death is passed upon him, he may be brought up at a subsequent assizes, and have his clergy.

THE prisoner was tried before Mr. Justice BAYLEY at the Lent assizes for the county of Northumberland, in the year 1823, for privately stealing in a shop to an

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