R v John Miller

JurisdictionEngland & Wales
Judgment Date01 January 1842
Date01 January 1842
CourtHigh Court of Chancery

English Reports Citation: 169 E.R. 99

LINCOLN's INN

Regina
and
John Miller

Referred to, R v. Watts, 1850, 14 J P 399, R v Stainer, 1870, 18 W R 439

1842 eegina v. john miller. (It is embezzlement in the clerk of a friendly society fraudulently to withhold the rents of a house collected in the course of his duty as clerk , and he may be laid to be the clerk or servant of the trustees to whom the house was conveyed, if appointed either by them or the society. It is no defence that the business of the society has not been conducted according to the statute ) [Referred to, R v. Watts, 1850, 14 J P 399 , R v titainer, 1870, 18 W R 439 j The prisoner was tried before Lord Abinger C B at the Spring Assizes for Northamptonshire, in the year 1842. [250] The indictment charged that the prisoner, at the parish of All Saints, 12th April, 4th Viet., being employed in the capacity of a clerk to W Freer Johnson, W Sykes, and W. Lewm, did, by virtue of his employment, receive the sum of £3, and fraudulently and feloniously embezzled the same . 1st June, 10s , 15th June, 5s. Another count charged the receipt in the capacity of a servant, 12th April, 4th Viet, £3, &c. Mr Clark, for the prosecution, stated a case of the Rex v Hall (1 Moo C C R 474), that a member of a society, who is also secretary, may be indicted for embezzling the property of the trustees C Markham, clerk of the peace, produced the rulea of a friendly society, properly certified the Friendly society meeting at the Crown and Horse-Shoe, duly enrolled Jan 183ft. John Shaw, clerk to a society formerly held at the Crown and Horse-Shoe The prisoner was formerly their clerk. They have a house in the Horse Market occupied by their tenant Charles King The clerk is authorized by the society to leceive the rents of that house. This is the book kept by the prisoner , this is his handwriting He left Northampton 27th July last year There is no entry in the prisoner's book of any rent of 10s , 5s , or £3, from King the tenant 100 BEGIN A V, THOMAS PHILLIPS, ETC. 2 MOOD. 261. Cross-examined -It was the steward's duty to pay the sick members, not the duty of the prisoner I have been clerk five months. I never paid the sick members. There are three payments in Aprd 1840, made to Webster of 12s. each ; these are in...

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1 cases
  • The Queen v William Murphy
    • Ireland
    • Court of Criminal Appeal
    • 15 February 1850
    ...199. Regina v. JacksonENR 1 Car. & Kir, 384. Rex v. WilliamsENR 7 C. & P. 338. Regina v. CainENR 2 Mood. C. C. 204. Regina v. MillerENR 2 Mood. C. C. 249. Rex v. HallENR 1 Mood. C. C. 474. Rex v. BurtonENR 1 Mood. C. C. 237. Rex v. JensonENR 1 Mood. C. C. 434. The Queen v. Tucker 1 Cox, C. ......

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