| Chap. 155.
5 H. 7. 16.
Br. Property
23.
Cromp. 50. |
Theft.
If a Man delivers to his Servant a piece of Cloth
to keep, and the Servant
maketh himself a Garment thereof, and after goeth awry therewith;
this is Felony within this Statute: For that the property is not
altered by
the making a Garment thereof, because the Cloth may be known still.
Otherwise, it is of Barley turned into Malt, or of Mony melted and turned
into a wedge or piece of Metal, or the like; for that in these cases the
Barley or Mony, cannot be known again, but are altered in their nature
and kind, But quære, and see the words of the Statute. |
369 |
|
' If a Man delivers Goods to one to keep, and after
retains the same
' person into his Service, who after goeth away with those Goods; this
is
' no Felony by 21 H. 8. because he was no Servant at the time the
GOods
' were delivered to him. Vide Sir Fra. Ba. 39, 40. |
|
| Cromp. 50. |
' If I deliver Goods to the Servant of A. to
keep, and after I die, and
' make A. mine Executor; and before any new Commandment of A.
to his
' Servant for the custody of the same Goods, his Servant goeth away with
' them; this is out of 21 H. 8. Ibid. |
|
| 13 E. 4. 9. |
If my Receiver of my Rents receive ten pounds of
my Tenants, and
run away therewith, it is no Felony; for the Statute is, where the Master
delivereth to keep, &c. |
|
|
If a Man delivers to his Servant the Key of the
Chamber-door, and the
Servant taketh away his Masters Goods in the Chamber (above the value
of twelve pence.) This is Felony at the Common Law, for the Goods
were
not delivered. |
|
|
A Man laid and hid a Purse of Mony in his Corn-mow
within this Barn,
and after is Servant finding the same, took part of the Mony out of the
Purse, &c. And the Servant was therefore indicted and arraigned
of Felony,
at Cambridge Summer Assizes, Anno Dom. 1621. before Sir John
Dodderidge. |
|
|
' If an Apprentice or Servant, under the age of
eighteen years, shall
' imbezle their Masters Goods, which were not delivered to them, nor
' committed to their charge, if the Goods so imbezled be above the
value
' of twelve pence, it is Felony. But of the Goods be under that value,
it
' seems such Apprentice or Servant, may be sent to the House of Correction.
Vide hic cap. 31. |
|
P. Felony
11.
P. Exec.
51. |
Another Felony there is by the Statute 33 H.
6. cap. 1. in the Servant that
shall take away or spoil the Goods of their deceased Master: But
this Felony
groweth upon their default of appearance in the Kings Bench, after
Proclamation; and therefore neither the tryal nor hearing thereof belongeth
to the Justices of Peace, because they cannot well take knowledge of
such default in the Kings Bench. |
|
|
The second thing which must concur (in Larceny)
to make it Felony,
is the carrying away of the thing so taken; and yet it is not of necessity
that it be clean carried out of the house or place where it was; but sufficeth,
that it be so far removed, that the evil and felonious intent of the
Taker, may plainly appear. As, |
§. 4.
Carrying. |
27 Ass. 36.
See Stamf.
26. b.
Br. Cor.
107. |
If a Guest will feloniously take the Sheets, or
other Goods of the Innkeepers,
out of the Chamber where he lodgeth, and then (going to the
Stable for his Horse) is taken with them, or they be found in some other
Room of the House where he had laid them; it is Felony in both cases,
although the Possession of those Goods continued in the Owner |
|
|
So is it, if one taketh a Horse in another Mans
Close, with an intent to
steal him, and be apprehended before he hath gotten the Horse out of
the same Close; this is Felony. Lamb. 277 & Cromp.
36. a. |
|
|
 |
