Odger's English Common Law

EMBEZZLEMENT. 361
the coals by the master had here commenced at the moment when they
were placed in his cart, so that there was a subsequent takiDg of the coals
out of his possession by the prisoner, whose intention was beyond all ques-
tion felonious.
Again, where a butler, who had the care and custody of his master's
plate, received plate from the silversmith for his master at his master's
house, and afterwards fraudulently converted it to his own use before it
had in any way, other than by his act of receiving it, come into possession
of his master, he was found guilty of larceny. 1 But if a servant, whose
duty it is to receive property for and on behalf of his master, converts it to
his own use while it is merely on the way to his master, he is guilty of
embezzlement.
The term ''embezzlement" is also used to cover other
offences of a like nature committed by persons in fiduciary
positions, e.g., trustees, public officers, &c. Thus any one
who fraudulently converts to his own use (or that of some
third person) the whole or any part of the property of which
he has been appointed in writing a trustee 2 for the benefit of
another is guilty of a misdemeanour and may be sent to penal
servitude for seven years. 3 But no prosecution can be com-
menced under this section without the leave of the Attorney-
General, or, where civil proceedings have been taken by the
same person, without the leave of the judge who tried the
case or before whom it is pending. The section covers trusts
for public or charitable purposes.
Again, any banker, merchant, broker, attorney or other
agent, who has been entrusted with any mone)' or security for
the payment of money with directions in writing as to its
application, and who fraudulently converts the same to his
own use or in any other way contrary to such directions, is
guilty of a misdemeanour and subject to the same maximum
punishment. And so is he, if he sells, negotiates, transfers,
pledges or in any manner converts to his own use or benefit
any chattel, property, valuable security or power of attorney
for the sale or transfer of any stocks or shares with which he
has been entrusted for safe custody or for any special purpose
i H. v. Watts (1860), 2 Den. C. C. 14 ; B. v. Cooke (1871), L. E. 1 C. C. B. 295,
I
300.
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1 There is a very wide definition of the word " trustee " in s. 46 of the Larceny Act,
1916.
3 lb., s. 21.