within the two years, with consent of the courts: the trial to take place when the custody of the defendant was obtained. 8. "Lodging a warrant with the keeper of the jail where the defendant is imprisoned, will not take the place of an indictment, to prevent the running of the statute." VI. HORSE STEALING. Act 31 March, 1860, Sec. 105, P. L., 409.-If any person shall be guilty of horse stealing, or as accessory thereto before the fact, or of having received or bought any horse, knowing the same to have been stolen, the person so offending shall be guilty of felony, and shall, on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding ten years. VII. STEALING LEAD, IRON, ETC., FROM HOUSES. Act 31 March, 1860, Sec. 106, P. L., 409.—If any person shall steal or rip, cut or break, with intent to steal, any glass or wood-work belonging to any building whatsoever, or any lead, iron, copper, brass, or other metal, or any utensil or fixture, whether made of metal or other material, respectively fixed in or to any building whatsoever, or anything made of metal fixed in any land, being private property, or for a fence to any dwellinghouse, garden, or area, or in any square, street, or other place dedicated to public use or ornament, every such offender shall be deemed guilty of larceny, and, being thereof convicted, shall be sentenced to pay a fine not exceeding five hundred dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding three years. VIII. CLERKS, SERVANTS, OR OTHER EMPLOYÉS STEALING FROM EMPLOYERS. Act 31 March, 1860, Sec. 107, P. L., 409.-If any clerk, servant, or other person in the employ of another, shall, by virtue of such employment, receive and take into his possession any chattel, money, or valuable security, which is or may be made the subject of larceny, for, or in the name, or on account of his master or employer, and shall fraudulently embezzle the same, or any part thereof, every such offender shall be deemed to have feloniously stolen the same from his master or employer, although such chattel, money, or security was not received into the possession of such master or employer otherwise than by the actual possession of his clerk, servant, or other person in his employ, and shall be punished as is provided in cases of larceny of like property. See Hutchinson & Batchelder v. Commonwealth, Title G, p. 472. IX. LARCENY BY BAILEE. Act 31 March, 1860, Sec. 108, P. L., 409.—If any person, being a bailee of any property, shall fraudulently take or convert the same to his own use, or to the use of any other person, except the owner thereof, although he shall not break bulk or otherwise determine the bailment, he shall be guilty of larceny, and punished as is provided in cases of larceny of like property. Commonwealth v. Messinger, 1808, 1 Binney, 273.-"Upon an indictment for stealing a bank note, bill obligatory, etc., evidence of the contents of the instrument may be given, without showing a notice to the defendant to produce the original at the trial. "Under the Act of 5th April, 1790, which declares that larceny of bills obligatory shall be punished in the same manner as larceny of any goods or chattels, the felonious taking, etc., of one bill obligatory is punishable as a larceny." 1. Commonwealth v. Cart, 1864, 2 Pittsburgh R., 495.-Demurrer to evidence. "Bailment is a delivery of goods in trust, upon a contract expressed or implied that the trust shall be duly executed, and the goods restored by the bailee as soon as the purpose of the bailment shall be answered." 2. In the construction of the 108th section, Act 31 March, 1860, it is necessary to bear in mind the above definition of bailment. 3. From that definition, and the different kinds of bailment, depositum, mandatum, commodatum, a pledge and locatio, a horse dealer to whom a horse was delivered for sale, the proceeds of sale to be returned to the owner, could not be considered a bailee, for there was no contract for redelivery of the property to the owner, or any person for him. 4. A count which charges defendant with being both consignee and bailee is not good, because it commingles two separate and distinct offences, the one a felony and the other a misdemeanor, in the same count. If defendant sold "horses consigned to him as bailee, he is guilty of a felony, and must be sentenced for horse-stealing, under the provisions of the 108th section [Criminal Code]. If he only appropriate the proceeds of merchandise consigned to him for sale, he is guilty of a misdemeanor, and must be sentenced under the 125th section" [Criminal Code]. 5. A count under the 125th section, Criminal Code, "ought to set out dis tinctly, in the language of the act, that defendant had the possession of the property with authority to sell the same, that he did sell it, and fraudulently applied the money raised and acquired by such sale to his own use. 6. "A felony and misdemeanor cannot be joined in different counts in the same indictment, except in certain cases ex necessitate, where one offence is the result of or so immediately connected with the other as to render it impossible to ascertain of which offence defendant may be guilty, until the evidence is heard, as in the case of rape and assault and battery with intent to ravish." 1. Commonwealth v. Chathams, 1865, 14 Wright, 185.-"The jury have a right, in all cases whatsoever, whether capital or otherwise, to find a special verdict, by which the facts of the case are put on the record, and the law is submitted to the judges." 2. The defendant in error borrowed a number of farming implements, etc., from the prosecutor and subsequently disposed of them without authority. Does the 108th section of the Act 31st March, 1860, make him guilty of larceny? Held, To be larceny. 1. Hutchinson & Batchelder v. Commonwealth, 1876, 1 Norris, 477.— "PARKER'S LANDING, PA., July 13th, 1874. "Received of Mr. R. L. Bishop ten hundred eighty-three barrels United Oil, pipage unpaid, to be held for storage on the following terms,—five cents a barrel per month, or fifty cents for twelve months. "HUTCHINSON & BATCHELDER." The oil, mentioned in above receipt, at the time it was given was in the pipes and tanks of the United Pipe Line, mixed with oil of various persons. H. & B. received for the above receipt the certificates of the Pipe Line from A., which certificates they deposited with the Pipe Line and were credited on the books of the Line. Against their account with the Pipe Line they drew until it was exhausted, and in August, 1875, the firm of H. & B. failed. Thereafter A. presented above receipt and demanded his oil, which the defendants could not deliver, whereupon A. made criminal information, and H. & B. were indicted and convicted. Held, That H. & B. were guilty of larceny as bailees. 2. "Inasmuch as the record presents a proper case for review, we have no hesitation in allowing the writ of error nunc pro tunc," the writ not having been allowed in lawful manner, but intended to be. 3. "The first, third, and fourth counts are fatally defective and ought to have been quashed." Held, "One good count is sufficient to sustain the sentence." "The fact that indictment included other counts which are defective is not material." 4. The first count charges embezzlement as "trustees and agents.” Held, This count charges two offences, which is unlawful, embezzlement by trustees and embezzlement by agents. 5. "Offences which are a part of the same transaction may be joined in the same indictment, when it is triable in the Quarter Sessions, even though one of said offences be a felony." See Hunter v. Commonwealth, 29 P. F. Smith, 503. 6. "There is no such offence at common law, nor under the code,” as embezzlement as bailees." 7. The fifth count charged larceny as "bailees and agents." Held, This count does not charge two offences, there being no such offence as larceny by "agents;" that word "agents" is to be regarded as surplusage. 8. The defendants demurred to the evidence. The court discharged the jury, and gave judgment for the Commonwealth upon the demurrer. The discharge of the jury was assigned for error. Held, Not to be error. Commonwealth v. Mooney, 1871, 8 Phila R., 610.-Whether property is delivered by the owner in person, or by another party to be handed to him, the bailment is complete. 1. Commonwealth ex rel. James D. Bartlett v. Superintendent of the Philadelphia County Prison, 1872, 9 Phila. R., 581.-A defendant is not liable for larceny as bailee for failing to account, he having agreed to conduct a business, pay expenses, and divide the net profits with the prosecutor. 2. The prosecutor's remedy is a civil action. Krause v. Commonwealth, 1880, 9 Weekly Notes, 61.-Larceny as bailee, X. BUYING OR RECEIVING STOLEN GOODS, CHATTELS, ETC. Act 31 March, 1860, Sec. 109, P. L., 410.—If any person shall buy or receive any goods, chattels, moneys, or securities, or any other matter or thing, the stealing of which is made larceny by any law of this Commonwealth, knowing the same to be stolen or feloniously taken, such person shall be guilty of felony, and, on conviction, suffer the like pains and penalties which are by law imposed upon the person who shall have actually stolen or feloniously carried away the same. See Hutchinson & Batchelder v. Commonwealth, Title G, p. 472. Act 31 March, 1860, Sec. 110, P. L., 410.-It may and shall be lawful to prosecute and punish all buyers and receivers, as well before as after the principal felon shall be taken and convicted, and whether he be amenable to justice or otherwise, which prosecution, conviction, and sentence of said receivers shall exempt them from being prosecuted as accessories after the fact, in case the principal felon shall be afterwards convicted. See Hutchinson & Batchelder v. Commonwealth, Title G, p. 472. Commonwealth ex rel. Joseph Sleigh v. The Sheriff, 1868, 3 Brewster's R., 342.— To warrant an indictment for receiving stolen goods, defendant must have taken actual and complete possession, otherwise the act is not completed. 1. Commonwealth v. John Bowers, 3 Brewster's R., 353.-"Mere possession is sufficient as against a thief." 2. "Where the goods are stolen from a thief, they may be alleged to belong either to the true owner or to the first thief." 1. Commonwealth v. Matthias Kaas, 1868, 3 Brewster's R., 422.—Our Act of 31 March, 1860, declares that the accessory may be indicted and convicted of a substantial felony, whether the principal felon shall or shall not have been previously convicted. 2. "Cases in which the names of third persons are unknown have always been held to be exceptions to the rule requiring the name to be given." 3. "It does not follow that because a count is quashed, a subsequent count, referring to the day, place, person, or property described in the bad count, must also be quashed." 4. On argument of a demurrer, no evidence can be heard to enable the court to amend. Commonwealth v. Moorby, 1871, 8 Phila. R., 615.-Latitude allowed to prove guilty practice by party charged as receiver of stolen goods. Recusant witness examined out of regular order. 1. Commonwealth v. George Lennox et ux., 1878, 12 Phila. R., 601.-"A defendant who is charged with the crime of receiving stolen goods, knowing the same to have been stolen, cannot testify in his own behalf." 2. "This is a case triable exclusively in the Oyer and Terminer." 1. Commonwealth v. Kelly, 1879, 13 Phila. R., 422.-"The Court of Quarter Sessions has jurisdiction, under the Act of May 25th, 1878, of the first offence of receiving stolen goods." 2. "The indictment need not set forth that it was the first offence." 3. "A person who has been tried and acquitted of receiving stolen goods, is not entitled to be tried in the Oyer and Terminer when he is again on trial for a similar offence. He may be tried in the Quarter Sessions." Fulmer v. Commonwealth, 1881, 10 Weekly Notes, 437.-Section 31, Act of March 31, 1860, and sections 14 and 15, Act June 16, 1836, construction of, Jurisdiction of Quarter Sessions over knowingly receiving stolen goods. XI. TREASURERS OF CITY, COUNTY, TOWNSHIP, ETC., WHO SHALL MISAPPLY MONEY COLLECTED FOR SPECIAL PURPOSES, HOW PUNISHED. Act 16 May, 1857, Sec. 1, P. L., 535.-Whenever any moneys shall have been or may hereafter be collected by law, in any city, county or township, for any special purpose, and paid into the hands of the treasurer of such city, county or township, it shall be unlawful for such treasurer to apply such moneys, or any part thereof, to any other purpose than that for which such moneys shall have been or may be collected; and every such misapplication shall be held and deemed a misdemeanor, for which such treasurer may be indicted and tried in the Court of Quarter Sessions of the proper city or county, and, upon conviction thereof, such treasurer shall be punished by a fine of not less than the |