R v William Cain
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1841 |
| Date | 01 January 1841 |
| Court | High Court of Chancery |
English Reports Citation: 169 E.R. 81
LINCOLN's INN
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 larceny in stealing the money of the society, the money being alleged in the indictment to be the property of the treasurer , and having been taken from his hands with the intention of stealing.) [S. C. Car. & M. 309. Referred to, R. v. Loose, 1860, 8 Cox C. C. 302.] Th prisoner was tried before Mr. Justice Bosanquet at the Spring Assizes for the county of Cambridge, in the year 1841, and convicted upon the second count of the indictment, which charged him [205] with stealing a ten pound promissory note of WilMam Shildrick, his master. The learned Judge thought it doubtful whether he could properly be considered as the servant of William Shildrick, and therefore recommended the jury, if they thought that he had stolen the note, to find him guilty of a simple larceny, reserving for the consideration of the Judges a question whether, under the circumstances of the case, the property in the note was rightly charged to be that of William Shildriek. William Shildrick was treasurer of a Friendly Union Society held at Cambridge. The prisoner was clerk to that society. He was also a trustee, and had been so before he was clerk. Robert Scarr was also a trustee. The rules of the society had been re-enrolled pursuant to the 10 Geo. IV. c. 56, as amended by the 4 & 5 Will. IV. c. 40. The question turns on the construction of s. 11 of the 10 Geo. IV. c. 56, which authorizes a Friendly Society from time to time to elect and appoint such persons into the office o| steward, president, warden, treasurer or trustee of such society as they shall think proper : and also of sect. 13, which authorizes the treasurer or trustee for the time being of such society, with the consent of such society, testified according to the general rulea of such society, to lay out such part of the money as the exigencies of such society shall not call for the immediate application of. And of sect. 21, by which it is enacted that all the effects of such society shall be vested in the treasurer or trustee for the time being, and shall for all purposes of suit, civil or criminal, be taken to be, and shall in every such proceeding (where necessaiy) be stated to be the property of the person appointed to the office...
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R v Cain
...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 Wil......