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[cibly extorted, makes a robbery (z). 3. Lastly, the taking must be by force, or a previous putting in fear, which makes the violation of the person more atrocious than privately stealing. For, according to the maxim of the civil law, qui vi rapuit, fur improbior esse videtur (a). This previous violence or putting in fear, is the criterion that distinguishes robbery from other larcenies. For if one privately steals] a chattel [from the person of another, and afterwards keeps it by putting him in fear, this is no robbery, for the fear is subsequent (b). Not that it is indeed necessary to lay in the indictment, that the robbery was committed by putting in fear; it is sufficient if laid to be done by violence (c). And when it is laid to be done by putting in fear, this does not imply any great degree of terror or affright in the party robbed: it is enough that so much force or threatening, by word or gesture, be used as might create an apprehension of danger; or induce a man to part with his property without or against his consent (d). Thus, if a man be knocked down without previous warning, and stripped of his property while senseless, though strictly he cannot be said to be put in fear, yet this is undoubtedly a robbery.] Or, if a person with a sword drawn begs an alms, and I give it him through mistrust and apprehension of violence; this also falls within the definition of the same crime (e). [So if, under a pretence of sale, a man forcibly extorts money from another, neither shall this subterfuge avail him. But it is doubtful whether the forcing a higgler or other chapman to sell his wares, and giving him the full value for them, amounts to so heinous a crime as robbery (f). This species of larceny was debarred of the benefit of clergy by stat. 23 Hen. VIII. c. 1, and other subsequent statutes; not indeed in general, but only when committed in a

(2) Hawk. P. C. b. 1, c. 34, s. 16. (a) Ff. 47, 2, 4, xxii.

(b) 1 Hale, P. C. 534.

(c) Trin. T. 3 Ann. so held by all

the judges.

(d) Fost. 128.

(e) Hawk. P. C. b. 1, c. 34, s. 8. (f) Ibid. s. 14.

[dwelling-house, or in or near the king's highway. A robbery, therefore, in a distant field, was not punished with death (g); but was open to the benefit of clergy till the statute 3 & 4 W. & M. c. 9; which took away clergy from both principals and accessories before the fact in robbery, wheresoever committed.]

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But all these statutes, as well as the 8 Eliz. c. 4, with respect to privately stealing from the person,―were repealed by 7 & 8 Geo. IV. c. 27. And, by other enactments, new provisions are now made against both species of offences; with distinctions, as regards robbery, suitable to the aggravations with which that crime may have been committed. According to these, whosoever shall rob any person, or shall steal any chattel, money or valuable security from the person of another, shall be guilty of felony, and may be sentenced to penal servitude for fourteen years or not less than three years, or to imprisonment, with or without hard labour and solitary confinement, not exceeding two years (h). And if the robbery be not effected or proved, but the offender be convicted (as he may be on an indictment for robbery) of an assault with intent to rob, then such assault is also felony, and imprisonment to the same extent may be awarded; but, if the punishment be by way of penal servitude, the term in that case is limited to three years (i). In certain instances, however, either robbery or an assault with that intent, is more severely punishable; for whosoever shall, being armed with any offensive weapon or instrument, rob or assault with intent to rob any person; or shall, together with one or more other person or persons, rob or so assault any person; or shall rob any person, and at the time of or immediately before or after wound, beat, strike, or use any other personal violence to any person,-may be sentenced to

(g) 1 Hale, P. C. 535.

(h) 24 & 25 Vict. c. 96, s. 40. This and the following provisions are in substitution for others con

tained in 7 Will. 4 & 1 Vict. c. 87,
and 14 & 15 Vict. c. 100, which are
repealed by 24 & 25 Vict. c. 95.
(i) 24 & 25 Vict. c. 96, ss. 41, 42.

penal servitude for life, if that punishment be adopted; but he may here, also, at the discretion of the court, be punished by imprisonment merely, to the extent and in the manner already particularized (j).

In connexion with robbery may be here mentioned, the provisions which have been framed to meet the crime of extorting money and other valuables, by threats of various kinds. And, first, the same punishment as last mentioned (with the addition of whipping, if the court see fit, and the offender be a male under sixteen,) is awarded to the felonious crime of sending, delivering or uttering, or directly or indirectly causing to be received, knowing its contents, any letter or writing demanding of any person, with menaces and without any reasonable or probable cause, any property, chattel, money, valuable security or other valuable thing (k). And penal servitude to the extent of three years, or imprisonment as before, but not whipping, is awarded to the felonious crime of demanding with menaces or by force any property, chattel, money, valuable security or valuable thing of any person with intent to steal the same (1).

Moreover penal servitude for life or three years, or imprisonment with or without hard labour, solitary confinement and whipping, if a male under sixteen,-is awarded to whomsoever shall commit the felonious crime of sending, delivering or uttering, or directly or indirectly causing to be received, knowing the contents, any letter or writing, accusing or threatening to accuse (m) any other person of any crime punishable by law with death or penal

(j) 24 & 25 Vict. c. 96, s. 43. The provision previously in force (7 Will. 4 & 1 Vict. c. 87, ss. 2, 3, now repealed by 24 & 25 Vict. c. 95), made robbery accompanied with wounding, &c., a capital felony.

(k) 24 & 25 Vict. c. 46, s. 44. This and the following provision are in substitution of 7 & 8 Geo. 4, c. 29,

s. 8, and 7 Will. 4 & 1 Vict. c. 87, ss. 7, 12, repealed by 24 & 25 Vict. c. 95.

(1) 24 & 25 Vict. c. 96, s. 45.

(m) See also 6 & 7 Vict. c. 96, s. 3, as to the offence of threatening to publish or offering to abstain from publishing a libel with intent to extort money, &c.

servitude for not less than seven years,-or of an assault, or attempt or endeavour to commit any rape or infamous crime, with a view or intent thereby to extort or gain any such property or thing from any person (n); and to whomsoever shall accuse or threaten to accuse either the person to whom such accusation or threat shall be made, or any other person, of any of the above crimes, with the view or intent of such extortion or gain, either from the person accused or threatened, or from any other person (o);-or who, with intent to defraud or injure any other person, shall, by any unlawful violence, restraint or threat to the person of another, or by accusing or threatening to accuse him of any treason, felony or infamous crime, compel or induce any person to execute, make, accept, indorse, alter or destroy any valuable security, or to affix his name or the name of any other person or company, firm or co-partnership, or the seal of any corporation or society, to any paper or parchment, in order that the same may be converted into a valuable security. The addition of whipping to the rest of the sentence has not however been authorized with regard to this last-mentioned felony (p).

4. Larceny or embezzlement by clerks, servants, &c. (q). Special provision against larcenies by servants was made by the statutes 33 Hen. VI. c. 1, and 21 Hen. VIII. c. 7; but both of these were repealed by 7 & 8 Geo. IV. c. 27. By the enactments now in force on the subject, it is provided, that whosoever, being a clerk or servant, or person employed for the purpose, or in the capacity of a clerk or servant, shall steal any chattel, money, or valuable security, belonging to or in the possession or power of his 2, repealed by 24 & 25 Vict. c.

(n) 24 & 25 Vict. c. 96, s. 46. This section (which is in substitution for the repealed 7 & 8 Geo. 4, c. 29, s. 8) defines "the infamous crimes" to which it refers. See also as to the menaces or threats used, 24 & 25 Vict. c. 96, s. 49.

(o) 24 & 25 Vict. c. 96, s. 47, framed on 10 & 11 Vict. c. 66, s.

95.

(p) 24 & 25 Vict. c. 96, s. 48. (q) In certain cases, larceny by clerks and servants may be disposed of summarily by justices at petty sessions, or before a metropolitan or stipendiary magistrate. (Vide post, Chapter on Summary Convictions.)

master, shall be guilty of felony and liable to penal servitude for a term not exceeding fourteen years, nor less than three years; or may be imprisoned (with or without hard labour or solitary confinement) for a term not exceeding two years; and if a male, under the age of sixteen, be whipped, if the court think fit, in addition to the imprisonment (p). And if larceny be committed by one employed in the public service of her Majesty, or by a constable or other person employed in the police, of any chattel, money, or valuable security, belonging to or in the possession or power of her Majesty, or intrusted to or received by the thief in virtue of his employment,-the same punishments as last mentioned (with the exception of whipping) may be awarded (9). In addition to which, there are separate provisions against embezzlement; a crime distinguished from larceny (properly so called), as being committed in respect of property which is not, at the time, in the actual or legal possession of the owner (r). As to this it is enacted, that whosoever, being a clerk or servant, shall fraudulently embezzle any chattel, money, or valuable security, which shall be delivered to or received, or taken into possession by him, for or in the name or on the account of his master, or any part thereof, shall be deemed to have feloniously stolen the same and punished accordingly (s): and that the same penalties shall attach, if the offender be one employed in the service of her Majesty or in the police, and entrusted by virtue thereof with the receipt, custody, management, or control of what has been embezzled (t). And where the act of embezzlement has been committed by any officer or servant of the Bank of England or for embezzlement, see 24 & 25 Vict. c. 96, s. 71.

(p) 24 & 25 Vict. c. 96, s. 67. This is in the place of 7 & 8 Geo. 4, c. 29, s. 46, repealed by 24 & 25 Vict. c. 95.

(g) 24 & 25 Vict. c. 96, s. 69. See Reg. v. Moah, 25 L. J., M. C. 66.

(r) See R. v. Gill, 1 Dearsley's C. C. R. 289. As to the indictment

(s) 24 & 25 Vict. c. 96, s. 68. The punishment is particularized sup. p. 213. A verdict for embezzle. ment may be had on an indictment, charging larceny, and vice versâ. (24 & 25 Vict. c. 96, s. 72.) (t) Sect. 70.

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