368
Apprentices
and
Servants
under eighteen
shall be
in case as
they were
before the
making of
this Statute.
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Theft.
Common Law in that Servant (for these Goods were always in the Masters
possession, and kept and used by the Servant to the Masters behoof.)
But
yet there was much difference of opinions herein; for the clearing whereof,
in some part, the Statute 21 H. 8. cap. 7. (which was made
perpetual,
by the Statute of 5 El. cap. 10.) Provided, That all and
singular Servants
of the age of eighteen years, other than an Apprentice, (which must be
understood of such as be bound by Indenture, and by the name of an Apprentice)
to whom any Mony, Goods or Chattels, &c. by his or their
Master or Mistress shall be delivered to keep of the value of forty shillings,
or above; if such Servant shall go away with, or shall imbezle, or shall
convert
to his own use, any such Mony Goods or Chattels of the said value,
to the intent to steal the same, or to defraud his Master or Mistress thereof,
it shall be Felony. But this must be prosecuted within one year after
the
offence. |
Chap. 155.
21 H. 8. 7.
P. Felon.
10.
Cromp. 50.
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And now upon the construction of this Statute of
21 H. 8. divers new
Questions and Cases have since arose: As, |
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If a Man deliver an Obligation to his Servant, to
go receive the
Mony thereupon due; and the Servant receiveth the Mony, and then
goeth away therewith, or doth convert it to his own use. This is
holden to
be no Felony within the meaning of this Statute, for the Master did not
deliver the Mony to his Servant. |
Dyer 5. |
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So if a Man delivers to his Servant Wares or Cattle
to sell at the Fair or
Market, and he selleth them there, and receiveth the Mony, and then
goeth away with the Mony, or converteth it to his own use: This is
no
Felony within this Statute; for he had not the Mony by his Masters delivery,
neither went he away with the Goods of his Master delivered
him. |
Dyer 5. |
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But if the Servant received of his Master twenty
pound in Gold to
keep, which he changed into Silver, and then ran away with that; this is
Felony, for that Gold and Silver are both of the same nature, sc. Mony. |
28 El.
Crom. 35. |
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And if a Man delivers to his Servant a Horse to
ride to market, o Mony
to carry to a Fair, or to buy Cattle, or other things, or to pay to another
Man, and the Servant goeth away therewith: This was no Felony by
the Common Law, by reason of the delivery thereof to him by his Master:
But quære, if it be not Felony by this Statute, for that he
went away with
the thing delivered him. |
21 H. 7. 19. |
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If the Goods delivered to the Servant to keep, be
under the value of
forty shillings, and the Servant goeth away therewith, this is holden to
be no Felony at this day (Mez tantum un breach del trust que le Mr.
repose
in son servant.) But if the Servant shall imbezle, or go away
with any
Goods of his Masters, which were not delivered to him; this is Felony although
they be under the value of forty shillings, &c. |
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If a Man appoint his Servant to take and carry Corn
to Market, and to
take his Horse to carry the same upon, and the Servant goeth away with
the Corn or Horse; this is Felony in the Servant, if the Goods, he so goeth
away with, be all to the value of forty shillings. |
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But if a Servant wastfully consumeth the Goods,
and returneth again
to his Master; this is no Felony. And these were the directions of
Sir Nicholas
Hide to a Jury of Life and Death, upon the Arraignment of a Servant
in such a Case at Cambridge Lent Assizes, Anno 2 Caroli
Regis. |
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And if one of my Servants doth deliver to another
of my Servants
Goods of mine (to the value of forty shillings) and he doth go away therewith,
or converteth them to his own use; this is Felony within this Statute,
for this shall be said my delivery. |
Dyer 5. |
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