R v Cain
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1841 |
| Date | 01 January 1841 |
| Court | High Court |
English Reports Citation: 174 E.R. 520
IN THE COURTS OF KING'S BENCH, COMMON PLEAS, AND EXCHEQUER, AND ON THE NORTHERN AND WESTERN CIRCUITS.
[309] norfolk spring circuit, 1841. Cambridge Assizes (Crown Side), before Mr. Justice Bosauquet regiista v. cain (If a benefit aociety, enrolled under the stat. 10 Geo IV. c 56, as amended by the stat. 4 & 5 Will. IV. c. 40, have a treasurer and two trustees, the property of the society may in an indictment for larceny be laid to be in the treasurer by his proper name under sect. 21 of the stat. 10 Geo. IV. c. 56, which provides that the property of such societies " for all purposes of action or suit, as well civil as criminal," should be deemed and taken to be, and in every such proceeding where necessary, stated to be the property of the " treasurer or trustee of such society for the time being in his or her proper name, without further description" ; and upon an indictment so framed one of the trustees of the society, who has stolen the money of the society, may be properly convicted of larceny ) [Subsequent proceeding with annotation, 2 Mood C C 204 ] JJarceny.-The prisoner was indicted for stealing a £10 promissory note, the property of William Shildnck, his master. It appeared that William Shildnck was the treasurer of a friendly society at CAR. & M. 310. REGINA V. CAIN 521 Cambridge, and that the prisoner was clerk to that society, and also a trustee of it, and that he had been a trustee before he became clerk, the other trustee being a person named Eobert Scarr. It was proved that the rules of the society had been rer-enrolled in pursuance of the statute 10 Geo. IV. c. 56, as amended by the statute 4 & 5 Will. IV. c. 40, and by the 28th rule of the society it was provided " that as soon as £10 more than is necessary for immediate use is in the box, it shall be delivered to the trustees chosen for that purpose, who shall dispose of it as the society shall direct, agreeably to the Act of Parliament" (10 Geo. IV. c 56, s. 13 (a)). [310] It appeared that it was the duty of the treasurer of the society to receive from the stewards the money paid by the members which the treasurer kept until £20 or £30 were collected, when the treasurer proposed to the society that a certain amount should be deposited in the savings' bank. It was proved that it was the duty of the prisoner, as clerk, to keep the books of the society, and as trustee, to deposit and take monies from the savings' bank ; but...
To continue reading
Request your trial
-
R v Francis Loose
...that the money was not shewn to be the property of Richard Carraway as alleged in the indictment. Gain's case (2 Moo. C. C. R. 204 \ S C. Car. & M. 309), it was argued, did not apply, because that case was decided on the construction of the statute 10 Geo. IV. c. 56, by which the property o......
-
R v William Cain
...English Reports Citation: 169 E.R. 81 LINCOLN's INN Regina and William Cain S. C. car. & M. 309. Referred to, R. v. Loose, 1860, 8 Cox C. C. 302. 1841. regina v. william cain. (Where a friendly society had appointed a treasurer and two trustees, one of the trustees was held guilty of larcen......