R v Samuel Amos Wortley
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1851 |
| Date | 01 January 1851 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 527
Crown Cases
S. C. T. & M. 636, 21 L. J. M. C. 44, 18 L. T. O S. 174; 15 Jur 1137; 15 J. P. 785; 5 Cox C. C. 382
1851. regena v samuel amos wortley (The prisoner entered into the following agreement with the prosecutor : " S. W. engages to take charge of the glebe-land of the Rev. ,T B B C , his wife undertaking the dairy and poultry, &c , at fifteen shillings a week, till Michaelmas 1850, and afterwards at a salary of £25 a year, and a third of the clear annual profit after all expenses of rent, rate, labour, and interest on capital, &c. are paid, on a fair valuation, made from Michaelmas to Michaelmas Three months' notice on either side to be given, at the expiration of which time the cottage to be vacated by S. W , who occupies it as bailitf, in addition to his salary. March 12, 1850. (Signed) J. B. B. C S. A. W." Held, that this was not a contract of partnership, but an agreement for the hire of a labourer, and that being within the exemption of the Stamp Act, it was admissible in evidence unstamped 2. The prisoner, in accounting with the wife of the prosecutor, as he was accustomed to do, on the 4th of October, denied the receipt of two sums of money, which he had received on account of his master, and appropriated them to his own use : Held, that this was embezzlement, although Michaelmas was the time agreed upon when a valuation was to be made, and the profits were to be ascertained.) [S. C. T. & M. 636 , 21 L. J. M. C 44 , 18 L. T. 0 S. 174 ; 15 Jur 1137 ; 15 J. P. 785 ; 5 Cox C. C. 382 ] The prisoner was tried at the Quarter Sessions for the county of Somerset, held a.t Taunton, on the 14th of October, a d. 1851, on an indictment which charged that he, being a servant to the Rev. Joseph Butterworth [334] Buhner Clarke, on the 26th September, a.d 1851, and on the 1st October, a.d. 1851, did feloniously embezzle two several sums of money, one of £28, 12s , and the other of £18, lls , the property of his said master. 328 REGINA V. SAMUEL AMOS WORTLEY 2 DEN. 333. It appeared at the trial, that the prisoner on the 12th of March, 1850, entered into the following agreement with the prosecutor, which being duly proved, was tendered in evidence. It was unstamped .- " Samuel Wortley engages to take charge of the glebe-land of the Rev J. B B. Qlarke, his wife undertaking the dairy and poultry, &c , at fifteen shillings a week, till Michaelmas, 1850, and afterwards at a salary of £25 a year, and a third of the clear aomual profit after all expenses of rent, rate, labour, and interest on capital, &c , are paid, on a fair valuation made from Michaelmas to Michaelmas Three months' notice on either side to be given...
To continue reading
Request your trial
-
R v Donald McDonald
...v. Churchward. 29 L. J. Ch. 521. See also Hartley's case, Russ. & Ry., 139 ; Holme's case, 2 Lewin, 256 ; and Eegina v. Worthy, 2 Den. C. C 333. English Reports Citation: 169 E.R. 1314 Crown Cases Regina and Donald M'Donald S. C. 31 L. J. M. C. 67, 5 L. T 330, 25 J P. 741; 7 Jur N. S. 1127......