Odger's English Common Law

364 EMBEZZLEMENT, &C.
any proceeds thereof, to his own use or benefit, or to the use
or benefit of any other person. This offence cannot be tried
at Quarter Sessions. 1
It will be observed that the Act does not make such
fraudulent conversion larceny ; it creates a new misdemeanour;
punishable, however, with greater severity than the felony of
simple larceny. It is not necessary that the prisoner should
be entrusted with the property by the owner personally or
receive it directly from him ; it is sufficient if he has in fact
assumed possession of the goods under circumstances which
make it a possession for or on account of the owner. 2
Thus, where the proprietor of a taxicab delivers it to a driver for the
purpose of his plying with it for hire upon the terms that the driver will
hand over to hiin a certain percentage of the day's takings while retaining
the balance for himself, it is competent for the jury to find that, to the
extent of the proprietor's share, the fares received by the driver from the
public are received by him for or on account of the proprietor within the
meaning of the Act. 3
Prevention of Corruption.
A third new crime of this class was created in 1906. In
that year was passed the Prevention of Corruption Act, 4 which
enacts that:— "If any agent corruptly accepts or obtains, or
agrees to accept or attempts to obtain, from any person, for
himself or for any other person, any gift or consideration as
an inducement or reward for doing or forbearing to do, or for
having after the passing of this Act done or forborne to do, any
act in relation to his principal's affairs or business, or for
showing or forbearing to show favour or disfavour to any
person in relation to his principal's affairs or business ;
If any person corruptly gives or agrees to give or offers
any gift or consideration to any agent as an inducement or
reward for doing or forbearing to do, or for having after the
passing of this Act done or forborne to do, any act in relation
to his principal's affairs or business, or for showing or for-
1 S. 38 .(b).
8 B. \~Grubb, 11916] 2 K. B. 683.
3 R. v. Messer, [1913] 2 K. B. 421.
1 6 Edw. VII. c. 34 ; and see 52 & 53 Vict. c. 69 and 6 & 7 Geo. V. c. 64.
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