Crown Cases Reserved for Consideration, And Decided By the Judges of England, With a Selection of Cases Relating to Indicatable Offences, Argued And Determined in the Court of Queens̓ Bench And the Courts of Error
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J., Parke B., Coleridge J., Maule J., Wightman J., Cress- well J., Platt B., Williams J., Martin B. and Crompton J. Dearsly, for the prisoner. This conviction is wrong, as the money was received for or on account of the railway company, and not on account of the prosecutor. To constitute embezzlement, the money must be received by the servant for or on account of the master. It is admitted that the prisoner was generally the servant of the prosecutor ; but it is contended pro hac vice he was th...e servant of the company. Anyhow, the money was received for or on the account of the company. The question turns upon the special terms of the contract itself, which binds the prosecutor " to provide horses, har- ness, weights, and carmen for the purpose of deliver- ing all such coal as the company shall require," and to provide " a suflScient number of steady and honest carmen and other persons for the delivery of all coals into the cellars or any other part of the premises of the VOL. It X 274 CROWN CASES RESERVED.
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