goods and chattels of (d) one G. H. then and there being found, feloniously did steal, take, and carry away (e), against the peace, &c. 93. Indictment for stealing goods, money, and notes. One watch, of the value of forty shillings, ten pieces of the current gold coin of the realm, called guineas, of the value of ten pounds and ten shillings, twenty pieces of the current silver coin of the realm, called half-crowns, of the. value of two pounds and ten shillings, ten pieces of the current silver coin of the realm, called shillings, of the vä lue of ten shillings, ten pieces of the current silver coin of the realm, called sixpences, of the value of five shillings, sixty pieces of the current copper coin of the realm, called pennies, of the value of five shillings, and sixty pieces of the current copper coin of the realm, called half-pennies, of the value of two shillings and sixpence, and the sum of two pounds and ten shillings in monies numbered, and ten bank notes for the payment of money, to wit, for the payment of one pound each, and respectively, and of the value of one pound each, and respectively, and one bill of exchange for the payment of money, to wit, for the payment of twenty-seven pounds and sixteen shillings of lawful money, and of the value of twenty-seven pounds and property of the same nature and kind, are stolen at the same time, as several sheep or handkerchiefs, it is the common practice to allege their value cumulatively, as ten handkerchiefs, of the value of 20 shillings. And unless the defendant be convicted of stealing part only, no uncertainty can arise but if the jury find that he stole one only, then it may be doubtful, whether the offence be grand or petit larciny, since they were not alleged to be of the value of two shillings each, but in such case the difficulty might perhaps be obviated by finding the value specially. (d) Where the felonies are completely distinct, they ought not to be joined in the same indictment, see p. 40.; but where the transaction is the same, as where the property of different persons is taken at the same time, there seems to be no objection to the joinder. (e) These words are essential, see p. 78. and, in an indictment of this nature, it is unnecessary further to specify the means of gaining possession of the property. See p. 93. Leach, 273. 305. 730. An indictment for petit larciny differs from one for grand larciny in no other respect than in laying the value at one shil ling or under. 1 sixteen shillings of lawful money of the goods and chattels, monies, and property, of E. F. then and there found and being, the said sums of money payable and secured by the said bank notes and bill of exchange, being then and there wholly unpaid, and unsatisfied to him the said E. F., the proprietor thereof, feloniouly did steal, take, and carry away, against the form of the statute, in such caae made and provided, and against the peace of our said lord the, king, his crown, and dignity. 94. Indictment under the stat. 21 H. 8. c. 2 (ƒ). against à servant for feloniously embezzling his master's goods, delivered to him to keep for the master's use. That A. B. late of, &c. labourer, on &c. then being a 'servant of and to one C. D. and not an apprentice (g), or a person within the age of eighteen years (g), he the said C. D. did then and there, upon confidence and trust, deliver, unto the said A. B. his said servant, one silver watch, of the value of five pounds, of the goods and chattels of him the said C. D. safely to keep the same to the use of him the said C. D. and that he the said A. B. after the said delivery and whilst he was such servant (h) as aforesaid, to (f) By this stat. servants having caskets, jewels, money, goods, or chattels, delivered to them by their masters or mistresses, safely to be kept for the use of their said masters or mistresses, and after such delivery withdrawing themselves from their masters or mistresses, and going away with the said caskets, &c. 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 in him or them put by his or their said ' master or mistresses; or else being in the service of his said master or mistress, without assent or commandment of his master or mistress, if he embezzle the said caskets, &c. or any part thereof, or otherwise convert the same to his own use, with like purpose to steal it, (if the said caskets, &c. be of the value of forty shillings, or above,) then the same false, fraudulent, and untrue act or misdemeanor shall be adjudged felony; and he or they so offending shall be punished as other felons are punished. (g) Unnecessary, the exceptions are not in the purview, 162, (h) He must be servant, both at the time of the delivery and running away. Dalt. c. 58. Dyer, 5. 1 Haw. c. 33. s. 12. East. P. C. 562. wit, on the day of with force and arms, at the parish aforesaid, in the county aforesaid, did feloniously withdraw himself from the said C. D. his said master, and feloniously did go away with the same silver watch above mentioned, to the intent to steal the same, and defraud the said C. D. his said master, thereof, contrary to the trust and confidence in him the said A. B. put by the said C. D. his said master, against the form of the statute, &c. and against the peace, &c. (Add a count for a common larciny, as in pr. 93.) 95. Indictment against a clerk for embezzlement, under the stat. 39 G. 3. c. 85 (i). Lancashire, &c. that J. J., late of Liverpool, in the county of Lancaster, labourer, on, &c. at, &c. was clerk to the trustees of the Liverpool docks, and the said J J. being such clerk as aforesaid, did then and there, by vir (i) By 39 Geo. 3. c. 85. it is enacted and declared, that if any servant or clerk, or any person employed for the purpose, in the capacity of a 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 felopiously stolen the same from his master or masters, 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 ser vant, clerk, or other person so employed, although such money, goods, bond, bill, note, banker's draft, or other valua ble security, was or were no otherwise received into the possession of his or their ser vant, clerk, or other person so employed: and every such offender, his adviser, procurer, aider, or abettor, being thereof lawfully convicted or attainted, shall be liable to be transported to such parts beyond the seas, as his majesty, by and with the advice of his privy council; shall appoint, for any term not exceeding fourteen years, in the discretion of the court before whom such offender shall be convicted or adjudged. By the stat. 52 G. 3. c. 63. it is felony in brokers, bankers, attornies, and others, to embezzle securities deposited with them for safe custody or special purposes. tue of his said employment as such clerk as aforesaid, res ceive and take into his possession, for and on account of the said trustees of the Liverpool docks, divers, to wit, nine bank notes (k), for the payment of divers sums of money, amounting in the whole to a certain sum of money, to wit, the sum of 9!. of lawful money of Great Britain, and of the value of 91. of like lawful money; and the said J. J. having so received and taken into his possession the said bank notes for and on account of his said employers, the said trustees of the Liverpool docks, he the said J. J. afterwards, to wit, on the same day and year aforesaid, with force and arms, at &c. fraudulently and feloniously did embezzle(7) and secrete the same; and so the jurors aforesaid, upon their oath aforesaid, do say, that he the said J. J. on the said day of in the year aforesaid, with force and arms, at, &c. in man ner and form aforesaid, feloniously did steal, take, and carry away the said bank notes from his said employers the said trustees of the Liverpool docks, the said bank (h) In Milnes's case, East. P. C. 602. the prisoner was charged with stealing one promissory note for the payment of one guinea, and also one other promissory note for the payment of five guineas, which said notes were the property of J. M. and were due and unsatisfied; and this was holden to be a sufficient description under the stat. 2 G. 2. and in the case of the King v. Johnson, where the above indictment was used; the case of the King v. Simpkin was cited, which had been tried before Mr. J. Chambre, who held that a general description was sufficient. See R. v. Campbell, Leach, 642. where the property was described as one promissory note called a bank note, of the value of 25 pounds, the said note, at the time of committing the felony afore said, being the property of the said C. M. A. and the said sum of 25 pounds payable and secured by the said note, being then due and unsatisfied to the said C. M. A.; a similar description was used in Nicholson's case, Leach, 678. See R. v. Johnson, 4 M. & S. 515. (1) The act is declaratory of the common law, consequently, an indictment framed upon it must contain all that is essential to an indictment for larciny at common law. R. v. McGregor, 3 Bos. & Pul. 106. and, therefore, it appears to be necessary to superadd to the description of a larciny at common law, the descriptive words of the statute. But the indictment must be specially framed under this stat. although it is declaratory. R. v. Jones, E1 P. C. 576. notes being then and there the property of the said trustees of the Liverpool docks, on whose account the same were received by and taken into the possession of him the said J. J. being such clerk as aforesaid, and the several sums of money payable and secured thereby being then, to wit, at the time of committing the felony aforesaid, to wit, at, &c. due and unsatisfied to the said trustees of the Liverpool docks, the proprietors thereof, against the form of the statute, &c. and against the peace, &c.. 2nd count charges the like felony by the said J. J. being employed in the capacity of clerk to the said trustees of the Liverpool docks. 3rd count charges the like felony by the said J. J: being a servant to the said trustees of the Liverpool docks. 4th count charges the embezzling of the property of H. C. to whom the said J. J. was clerk. 5th count charges the embezzling of the property of H. C. he the said J. J. being employed in the capacity of a clerk to the said H. C. 6th count states the embezzlement of the property of H. C. he the said J. J. being a servant to the said H. C. 7th count. And the jurors aforesaid, upon their oaths aforesaid, do further present, that the said J. J. af terwards, to wit, on the same day and year aforesaid; with force and arms, at Liverpool aforesaid, in the county aforesaid, feloniously did steal; take; and carry away divers, to wit, nine other bank notes for the payment of money, that is to say, for the payment of nine pounds and of the value of nine pounds, the said last-mentioned bank notes, at the time of committing the felony last aforesaid, being the property of the said H. C. and the several sums of money payable and secured thereby, being then due and unsatisfied to the said H. C. the proprietor thereof, against the form of the statute, &c. and against the peace (m), &c; (m) The prisoner was con victed upon this indictment, coram Le Blanc, J. at the spring assizes for Lancashire, 1814. Two objections were made in arrest of judgment: 1st. That the prisoner was not charged with having embezzled VOL. II. G any one bank-note of a specihed amount and value. 2dly. That the joinder of a felony at common law with a felony under the statute was improper: The court was of opinion, upon the first point, that as the stat particularly mention |