C. C. 118; 26 L. J. (N. S.) M. C. 26; Reg. v. Walker (commission agent), 1 Dears. & Bell, C. C. 601; 27 L. J. (N. S.) M. C. 207; Reg. v. Bowers (a coal agent), not a clerk or servant, 35 L. J. (N. S.) M. C. 206; 14 Law T., N. S. 671; Reg. v. Marshall (Id.), 11 Cox, C. C. 490; 21 Law T., N. S. 796; Reg. v. Betts, 1 Bell, C. C. 90; 28 L. J. (N. S.) M. C. 69; Reg. v. May (commission agent), 30 L. J. (N. S.) M. C. 81; 3 Law T., N. S. 680; Reg. v. Tongue (secretary to a club, 30 L. J. (N. S.) M. C. 49; 3 Law T., N. S. 451; Reg. v. Proud, 31 L. J. (N. S.) M. C. 171; 5 Law T., N. S. 331; Reg. v. Tyree (treasurer of a friendly society, not a clerk, &c.), 38 L. J. (N. S.) M. C. 57; 19 Law T., N. S. 657; Reg. v. Diprose (nor the secretary), 11 Cox, C. C. 185; 19 Law T., N. S. 262; Reg. v. Stainer (servant of an unregistered society), 39 L. J. (N. S.) M. C. 54; 21 Law T., N. S. 758; Reg. v. Bren, 33 L. J. (N. S.) M. C. 59; 9 Law T., N. S. 452; Reg. v. Burgess, 32 L. J. (N. S.) M. C. 195; Reg. v. Tite (traveller for several), 30 L. J. (N. S.) M. C. 142; Law T., N. S. 259; Reg. v. Bailey (traveller and collector to prosecutor exclusively), 24 Law T., N. S. 477: Reg. v. Macdonald (traveller having share of profits) 31 L. J. (N. S.) M. C. 67; 5 Law T., N. S. 330; Reg. v. Turner (traveller on commission), 11 Cox, C. C. 551; 22 Law T., N. S. 278; Reg. v. Dixon (manager of a shop), 11 Cox, C. C. 178; 19 Law T., N. S. 394; Reg. v. Guelder, 30 L. J. (N S.) M. C. 34; 1 Bell, C. C. 284; 3 Law T., N. S. 337; Reg. v. Frankland (partner in joint stock company), 1 Leigh & Cave, C. C. 276; Reg. v. Glover (county court bailiff not servant of high bailiff), 1 Leigh & Cave, C. C. 466; 10 Law OFFENCE. Class of Offence and Statute or Authority. ESCAPE, PRISON BREACH AND RESCUE. 178. Returning from transportation [or penal servitude, 20 & F. 5 Geo. 4, c. 84, s. 22. 21 Vict. c. 3, s. 6, ante, p. 1005] before expiration of term. 179. Rescuing a convict from overseer, gaoler, &c. Id. and 56 Geo. 3, 180. Rescuing a murderer, or his body after execution. c. 27, ss. 7, 13. F. 25 Geo. 2, c. 37, ss. 9, 10. 181. Officer having person in charge for felony voluntarily F. or M. Common Law permitting his escape. 4 Bl. Comm. 130; 1 Hale, 234;| 2 Hawk. c. 19, s. 22.] [A negligent escape by an officer is punishable by fine only (Note 51). 182. Breaking prison when in custody for a capital offence F. 1 Edw. 2, st. 2, c. 1. (i.e. treason or felony). [1 Hale, 612.] 183. The like, on a minor charge. M. Id. T., N. S. 582. In Reg. v. Negus, 42 L. J., M. C. 62, the prisoner was employed to solicit orders for the prosecutor, and was to be paid by a commission on the sums received through his means. He was at liberty to apply for orders wherever he thought most convenient, but was not to employ himself for any other person than the prosecutors. The judge at the trial directed the jury that the prisoner was a clerk or servant within the meaning of the 24 & 25 Vict. c. 96, s. 68. Upon this, it was held that the defendant was not a clerk or servant within the meaning of this statute, and therefore that the direction was wrong; but that, generally speaking, whether a person under such an employment and paid by commission is a clerk or servant, is a question of fact for a jury. In Reg. v. Foulkes, 44 L. J., M. C. 65, the son of a man who kept an office and held various appointments, amongst which was that of clerk to a local board, which son living at home assisted his father in his office, conducting the business of the board, but without being paid any salary, may be convicted of embezzling monies received by him on business of the local board as the clerk or servant, or as being employed in the capacity of a clerk or servant of his father, and the monies may be alleged in the indictment to be the monies of the father. More than three sums received of different persons may be alleged in one gross sum in the indictment, as also where the sum unaccounted for is a balance of small sums received or payment short (see Reg. v. Balls, 40 L. J. (N. S.) M. C. 148; 24 Law T., N. S. 760; Reg. v. King, 24 Law T., N. S. 670). By the act 28 & 29 Vict. c. 86, "to amend the law of partnership" [5th July, 1868], s. 2, "no contract for the remuneration of a servant or agent of any person [which is to include a partnership firm, a joint stock company, and a corporation,' s. 6] engaged in any trade or undertaking by a share of the profits of such trade or undertaking shall, of itself, render such servant or agent responsible as a partner therein, nor give him the rights of a partner." The other provisions are:-the advance of money on contract to receive a share of profits not to constitute the lender a partner (s. 1); certain annuitants not to be deemed partners (s. 3); receipt of profits in consideration of sale of good will not to make the seller a partner (s. 4); in case of bankruptcy, &c. lender not to rank with other creditors (s. 5). See Reg. v. Gale, 35 Law T. Rep. 526, where the manager of an insurancecomp any appropriated the proceeds of a cheque sent to him from a branch office. 50 Venue.] The offender for Offences 173, 174, may be tried in the county, &c. in which the embezzlement took place, if that be known; but in the absence of express evidence upon that subject, either in the county where the offender received the money, &c., or (and perhaps more properly and in practice more generally) in the county in which he ought to have accounted for it to his master, and did not, or refused to do so, or denied its receipt. See Reg. v. Murdock, 2 Den. C. C. 298; 21 L. J. (N. S.) M. C. 22. Also by 7 Geo. 4, c. 64, s. 12, felonies or misdemeanors begun in one county, and completed in another, may be tried in either county (see Vol. I. p. 22, Note 12 thereto). 51" ESCAPE, PRISON BREACH AND RESCUE:" Observation on Offence.] This offence is felony if the party escaping have received judgment; but a misdemeanor if before conviction. The officer, however, cannot be punished until after the original delinquent has been convicted, but before such conviction he may be fined and imprisoned as for a misdemeanor (Arch. Cr. Pl. by Bruce, 16th ed. p. 743). The imprisonment of the delinquent must be for some criminal matter, otherwise the escape is not punishable criminally (Id. p. 741). OFFENCE. Class of Offence and Statute or Authority. ESCAPE, PRISON BREACH AND RESCUE-continued. 184. Aiding any prisoner in escaping or attempting to escape F. 185. Rescuing a prisoner from custody when not convicted,— or convicted only of a misdemeanor. [2 Hawk. c. 21, s. 8; 1 Hale, 607.] 28 & 29 Vict. c. 126, s. 37 (Note 52). M. Common Law. 186. Rescuing, or aiding and assisting in rescuing, from con- M. or F. 1 & 2 Geo. 4, stable, &c. person charged or committed for felony. [If party rescued convicted of high treason, the rescue is 187. Rescuing a prisoner where charged and convicted of treason or felony. [2 Hawk. c. 21, s. 8; 1 Hale, 607; and 4 Bl. Comm. 131.] 188. Aiding or assisting a prisoner or convict in custody for treason or felony to make his escape while being conveyed to prison or in prison. 189. The like, in custody for petty larceny, or for debt of £100. 190. Rescuing goods in the custody of the law, or breaking open a pound. [2 Hawk. c. 21, s. 20.] 191. Aiding prisoners of war to escape. [Rescuing or permitting escape of criminal lunatics, see EXCHEQUER BILLS, Forging. See Offences 215-218, tit. "Forgery." EXCISE. c. 88, s. 1. F. Common Law. F. 16 Geo. 2, c. 31, ss. 1, 3 (Note 53). M. Id. M. Common Law. F. 52 Geo. 3, c. 156, s. 1. -or vio-F. 23 & 24 Vict. c. 114, s. 200. 192. Armed persons opposing the law [as to spirits],- 52 Repeal of 4 Geo. 4, c. 64.] The Offence 184 was, up to 1st February, 1866, punishable under 4 Geo. 4, c. 64, s. 43, that act being repealed by the Prisons Act, 1865, 28 & 29 Vict. c. 126, from that date. 53 Time of Prosecution for Offences 188, 189.] The prosecution for offences under the 16 Geo. 2, c. 31, must be commenced within one year (16 Geo. 2, c. 31, s. 4). 186 Nos. 181-Assizes or Sessions. Discretionary. Fine or impr. as M., if 54"FALSE PRETENCES: " Apprehension of Offenders without Warrant-Restitution of Property-Vexatious Indictments Act applicable to Offences.] As to the apprehension of offenders, Note 78 to tit. "Larceny," post, is equally applicable to this title. Attention should be paid to the terms of the apprehension clause, 24 & 25 Vict. c. 96, s. 103, there set out, which is defective, and does not authorize the apprehension of the person |