R v John Hartley
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1807 |
| Date | 01 January 1807 |
| Court | High Court of Chancery |
English Reports Citation: 168 E.R. 726
LINCOLN'S INN
1807. bex v. john hartley. (Where the owner of a colliery employed the prisoner as captain of one of his barges to carry out and sell coal, and paid him for his labour by allowing him two-thirds of the price for which he sold the coals, after deducting the price charged at the colliery. Held that the prisoner was a servant within the meaning of 39^ Geo. III. c. 85 ; and having embezzled the price he was guilty of larceny within the words of that Act.) (a:) By 43 Geo. III. c. 58, &. 1, it is enacted, That if any person or persons shall, eithet in England or Ireland, wilfully, maliciously, and unlawfully set fire to any house, banij granary, hopxmst, malthoase, stable, coachhouse, outhouse, mill, warehouse, or shop, whether such house, barn, &c. shall then be in the possession of the person or persons: so setting fire to the same^ or in the possession of any other person ot persona, or of any body corporate, with intent thereby to injure or defraud his Majesty, or amy of his Majesty's subjects, or any body corporate, that then, in any such case, ih& person or persons so offending, their counsellors, aiders, and abettors, knowing of and privy to such offence, shall be and are hereby declared to be felons, and shall suffer death, as in cases of felony, without benefit of clergy. RUS&4BY. 14ft BEX V. JOHN HARTLEY 727 [Applied, R. v. Solomons, 1909, 101 L. T. 496. Referred to, E. v. Wortley, 1851, 15 Jur. 1137.] The prisoner was tried and convicted at the York summer assizes, in the year 1807, before Mr. Baron Wood, on an indictment which charged, that the prisoner received, at the parish of Gains-[14O]-borough, at the county of Lincoln, then and there being a servant, and employed in the capacity of a servant to Thomas Fenton, £16 of lawful money, &c. and afterwards, on the 27th of February, at the parish of Wakefield, in the county of York, fraudulently and feloniously did embezzle, secrete and make away with said sum of £16, and did feloniously steal, take and carry away the same from the said Thomas Fenton, his said master and employer, then being the property of the said Thomas Fenton, his said master and employer, for whose use and on whose account the said sum of £16 was so received and taken into the possession of the said John Hartley, and that the said John Hartley did, on the 27th of February, at the said parish of Wakefield, in the county of York aforesaid, feloniously...
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