The law against embezzlement by fervants or clerks in the bank is mentioned in this volume, p. 165; that relative to perfons in the poft office at p. 36; and by the ftat. 24 Geo. II. c. II. the fervants of the South-fea Company are subjected to the fame penalties.

For the fecurity of manufacturers, who are obliged to intrust large quantities of raw materials to their fervants or workmen, feveral provifions are made. The most general is in the statute 17 Geo. III. c. 56. by which perfons employed in the felt or hat, woollen, linen, fuftian, cotton, iron, leather, fur, hemp, flax, mohair or filk manufactures, or in manufactures of thofe materials mixed one with another, who fhall purloin, embezzle, fecrete, fell, pawn, exchange, or otherwife unlawfully dispose of any of the materials with which they are intrufted, whether wrought up or not, are punishable in a fummary manner before two juftices; who are directed for the first offence to commit the offender to the houfe of correction or other public prison, there to be kept to hard labour not lefs than fourteen days, nor more than three months, and for any fubfequent offence, not lefs than three months, nor more than fix; and in either cafe may alfo in difcretion order the party to be publicly whipped. And if any perfon fhall buy, receive, accept, or take by way of gift, pawn, pledge, fale, or exchange, or in any other manner, from any fuch perfon, fuch materials, &c. they fhall, on like fummary conviction, for the first offence forfeit not lefs than 20%. nor more than 40/. or on failure of payment fhall be committed in like manner for not more than fix, nor less than three months, or committed for three entire days, and once publicly whipped; for a fecond offence to be committed till the quarter fellions, and on conviction forfeit not more than 100l. nor less than 50, or on failure of payment fhall be committed to the houfe of correction, to hard labour, not more than fix, nor lefs than three months, or for three entire days, and to be once publicly whipped. Selling, pawning, pledging, exchanging, or otherwife unlawfully difpofing of any of the faid materials, knowing them to have been embezzled, &c. fubjects the offender to the fame punishment as the principal.

The property of the plate glafs manufactory is protected by a particular flatute, 15 Geo. III. c. 38. which enacts that if any perfon or perfons fhall by day or night break into any houfe, fhop, cellar, vault, or other place, or building, or by force enter into any houfe, &c. belonging to the faid manufactory, or wherein the fame fhall be then carrying on, with intent to steal, cut, break, or otherwife deftroy any glass, or plate glass, wrought or unwrought, or any materials, tools, or implements, used in, for, or about, the making thereof, or any

goods

goods and wares belonging to the faid manufactory; or fhall fteal, or wilfully or maliciously cut, break, or otherwise destroy, any fuch glafs, materials, tools, or implements; every fuch offender fhall be tranfported not exceeding feven years. But the ftat. 38 Geo. III. c. 17. (local and private acts) enables the court before whom any fuch offender is tried, to adjudge him to fuffer a lefs punishment.

Stealing woollen cloth or manufacture from the rack or tenters where it is put to dry, in the night time, is declared by 22 Chas. II. c. 5. to be felony without benefit of clergy; but the court has a power to fentence the offender to tranfportation for feven years, and he muft fuffer capitally if he returns within the time. The 15 Geo. II. c. 27. gives power to juftices of the peacé, on complaint of fuch offences, to iffue fearch warrants, and on difcovery of the goods to apprehend the poffeffor; and if he cannot give a good account of his poffeffing them, to make him pay treble their value or be imprifoned. For the fecond offence both forfeiture and imprisonment are incurred, and on a third offence the party is to be committed till the next affizes, or great feffions, where he fhall be tried; and if he fhall not, by producing the party of whom he acquired the property or poffeffion of fuch goods, or otherwife, prove to the fatisfaction of the jury, that he lawfully obtained them, he shall be transported for feven years. But this act does not alter any former law in force for ftealing or receiving fuch cloth, woollen yarn or wool, except by laying the proof on the offen

der.

By 18 Geo. II. c. 27. every perfon who fhall, by day or night, felonioufly fteal any linen, fuftian, calico, cotton cloth, or cloth worked, woven, or made of any cotton or linen yarn mixed, or any thread, linen, or cotton tape, incle, filletting, laces, or any other linen, fuftian, or cotton goods or wares, laid, placed, or expofed to be printed, whitened, bowked, bleached, or dried, in any whitening or bleaching grounds, houfe, or other building, ground, or place, made ufe of by any calico printer, whitster, crofter, bowker, or bleacher, to the value of ten fhillings; or who fhall aid or affift, or procure any other perfon to commit any fuch offence; or who fhall buy or receive any fuch goods knowing them to be ftolen, fhall be deemed guilty of felony without benefit of clergy. But the court may, inftead of giving judgment of death, order fuch offender to be tranfported for fourteen years, but then breaking jail, or returning from tranfportation, before the term, is felony without clergy. Alfo the 4 Geo. III. c. 37. makes the breaking into

any

any house, fhop, or other place or building, with intent to steal, cut, or deftroy, any linen, yarn, or cloth, &c. felony without benefit of clergy.

The ftealing of any kind of military, naval, or ordnance ftores or provifions, to the value of twenty fhillings, is made felony by the 31 Eliz. c. 4. and clergy is taken away by the 22 Chas. II. c. 5.; but the court may cause the offender to be tranfported for seven years. And although the ftatute fixes the value to be ftolen at twenty fhillings, ftill they who rob to a smaller amount may be indicted at the common law.

The ftat. 3 and 4 W. and M. c. 9. enacts and declares, that if any perfon fhall take away, with intent to steal, any chattel, bedding, or furniture, which by contract or agreement he is to ufe, or fhall be let to him in any lodging; fuch taking fhall be adjudged larceny and felony; and the offender, shall suffer as in case of felony. But it has been decided that an entire house let ready furnifhed is not within the provisions of this act.

It is a common error to believe that it is no felony, for one, reduced to extreme neceflity, to take fo much of another's victuals, as will fave him from ftarving; fuch a cafe, strongly and evidently apparent, might be a good ground for a recommendation to mercy, but no juftification of felony.

Larceny must be committed of goods perfonal, and not of chattels real, or fuch as are annexed to the freehold, unlefs in certain cafes provided for by ftatute; for at common law it is merely a trefpafs, and not a felony to take fuch things. Therefore by the common law, no larceny can be committed of trees, grafs, hedges, ftones or lead of a house, or the like; but when once they are fevered from the freehold, either by the owner, or even by the thief himself, if there be an interval between his fevering and taking them away, fo that it cannot be confidered as one continued act, it would then be felony. But feveral exceptions to the general rule have been made by statute.

The 6 Geo. III. c. 36. enacts that every perfon who fhall, in the night time, pluck up, dig up, break, spoil, or destroy, or carry away, any roots, fhrubs, or plants, of the value of five fhillings, being in any garden, nursery, or other enclosed ground, fhall be guilty of felony, and tranfported for feven years. And perfons abetting or affifting, or who fhall buy or receive fuch roots or plants, of the value aforefaid, knowing them to be ftolen, fhall be fubject to the fame punishment. By another ftatute of the fame feffion, (c. 48.) every perfon who fhall pluck up, cut, fpoil, deftroy, take, or car

ry

ry away, any root or plant out of any fields, nurferies, gardens, or garden grounds, or other cultivated lands; and shall be convicted before one juftice of the peace, fhall forfeit for the first offence not exceeding forty fhillings; for the fecond, not exceeding 57; and if convicted of a third offence fhall be tranfported for feven years. Larceny in refpect to other growing crops, as turnips, potatoes, cabbages, parfnips, peas, or carrots, fubje&s the offender, on fummary conviction before a juftice of peace, to a fmall fine, or, in default, to imprisonment in the houfe of correction.

Statutes alfo provide exprefsly against fome other modes of larceny.

By 6 Geo. III. c. 36, in the night time to lop, top, cut down, break, throw down, bark, burn, or otherwife fpoil or deftroy, or carry away any oak, beech, afh, elm, fir, chefnut, or afp timber tree, or other tree ftanding for timber, or likely to become timber, is felony and punishable with transportation for seven years. Aiders and abbettors to be treated as the principals.

By ftatute of the fame feffion, c. 48. the fame or nearly the fame offences, in any of the king's forefts or chafes, fubject the offender, on conviction before one juftice of peace, for the first offence to forfeit a fum not exceeding 20/.; for a fecond offence not exceeding 30/.; and for the third offence to be transported for seven years. For the purposes of that act, oak, beech, chefnut, walnut, afh, elm, cedar, fir, afp, lime, fycamore, and birch trees, fhall be deemed timber trees; to which the 13 Geo. III. c. 33. adds poplar, alder, larch, maple,

and hornbeam.

By 4 Geo. II. c. 32. every perfon who fhall fteal, rip, cut, or break, with intent to fteal, any lead, iron bar, iron gate, iron palifadoe, or iron rail whatsoever, being fixed to any dwellinghoufe, out-house, coach-house, stable, or other building, or fixed in any garden, orchard, court-yard, fence or outlet, belonging to any houfe, or building, fhall be deemed guilty of felony; and may be tranfported for feven years; abettors and receivers the fame. The 21 Geo. III. c. 68. made to explain and amend the former, declares that they who fhall fteal, rip, cut, break, or remove with intent to fleal any copper, brass, or bell-metal utenfil, or fixture, being fixed to any dwelling-houfe, out-house, or other building, ufed or occupied with, or belonging to, a dwelling-houfe or other building, or fixed in any gar den, court-yard, or outlet belonging thereto, or any iron rails or fencing fet up or fixed in any fquare, court, or other place, fhall be in like manner tranfported for feven years, or kept in prifon to hard labour, not more than three years, nor lefs

than

than one; and once at least, but not more than thrice, publicly whipped. Abettofs or receivers fubject to the fame punishment.

By 25 Geo. II. c. 10. breaking and entering by force into any black-lead mine, with intent to fteal any wad, or black cawke, or black lead, or stealing any, although the entry was not by force or aiding, abetting, or procuring any perfon to commit fuch offence; is felony; punishable with one year's imprisonment and hard labour; public whipping; or tranfportation for seven years; breaking prifon, or returning before the expiration of the term, felony without clergy.

By 39 and 40 Geo. III. c. 77. any perfon ftealing any coal, culm, or coak, wood, iron, ropes, or leather, not exceeding the value of five thillings, from any bank, yard, wharf, or other place, belonging to any manufacturer or coal dealer, or off or out of any boat, barge, waggon, cart, or other carriage; or ftealing or embezzling any tools or implements used for cutting or getting coal, culm, or other minerals, not exceeding the value above mentioned, and being convicted before one justice of peace, is fubjected to certain penalties, or imprisonment in lieu thereof, or until payment, but no other profecution. And miners taking or removing iron ftone or iron ore, with intent to defraud the proprietor, may on conviction before a justice of peace be imprifoned not exceeding three months.

As larceny cannot be committed of things real at common law, neither can it be committed of charters or other written aflurances concerning the realty, because they favour of the fame nature; nor can it be committed even of the box or cheft in which they are kept.

The fame rule prevailed with refpect to records, writs, and other procefs of the courts of law and equity; but by 8 Hen. VI. c. 12. if any record, or parcel of the fame, writ, return, panel, procefs, or warrant of attorney, in the king's fuperior courts, or in his treasury, be ftolen, withdrawn, or avoided by any clerk, or other perfon; fo that any judgment be reversed; fuch offender, his procurers, counfellors, and abettors, being duly convicted by their own confeflion, or by inqueft, (half of which fhall be of the men of any of the fame courts (i. e. officers) and the other of other men, (i. e. of common jurors) fhall be guilty of felony. And the inquiry fhall be before the judges of the one or the other bench. Though acceffaries before are only named in the ftatute, yet there may be acceffaries after by the general conftruction of law. This ftatute only extends to the courts exprefsly named, and to the court of chancery, fo far only as it proceeds according to the course of the common law, And it does not extend to the judges; because clerks are first

named,