Embezzlement

s 1. Appropriation to one's own use of anything belonging to another, whether rightfully or wrongfully in the possession of the taker; theft. At an early date, spending, wasting, squandering. " He left an estate to an unthrift son who -embezzled it."' " Embezzling or vacating records.. is a felonious offense." « (q. v.), purchase by imposition of haind — manuscapere. ' See Fremont v. Sandown, 56 N. H. 303 (1876): Bouvier. ' Slaughter-House Cases, 16 Wall. 68 (1883). See also 43 Ala. 692; 44 id. 70; 20 La. Ann. 199; 43 Miss. 102; 13 S. C. Eq. 366; 31 Tex. 504. ' Spanish embargo, putting a bar (6arj-o)intheway: arrest, stoppage of ships. < [The Kmg William, 2 Wheat. 153 (1817); L. B., 8 C. P. 659. 'See Wheaton, Int. Law, 372; The King William, supra; 7 Cranch, 387; 5 Johns. 399. °N. F. embeasiler, to filch,

— Webster. Formerly, embesile or -sell; the same as imbieill, to weaken, diminish, subtract from. A shop-boy embezzled his master's store imperceptibly by repeated flfching,

— Skeat. In early statutes spelled imbezil,-~% N. M. 268. i'Embeziders of Charters, Grants, Eecorda, Bonds, Bills, Wills, &o., shall make Double Satisfaction, and be publicly Disgrraced as False persons." * "The goods of shipwrecked vessels shall be preserved from spoil and embezzlement." ' " He who would embezzle a ship's furniture, would not hesitate to embezzle the carpro." * Section 8467, Eev. St., creates two statutory offenses: that of embezzling a letter in postal custody which has a valuable thing enclosed; and that of taking and stealing such thing out of a letter which has been embezzled. A prosecution may be for one or both 3. The fraudulent conversion of property by a person to whom it has, been intrusted.* A species of theft, consisting in the stealing of property by clerks, agents, servants — persons acting in a fiduciary capacity.* Distinguishable from "larceny" in that the taker comes lawfully into possession of the property." To "embezzle" is to appropriate to one's own use property or money intrusted to him by his employer.' At common law, had no definite meaning. As an offense, had its origin in efforts made to amend the law of larceny. The first statute was that of 8 Henry VHE (1517), c. 7, in which the descriptive words were " did embezzle or otherwise convert the money to his own use." Statute of 7 Greo. IV (1887) improved and superseded earlier legislation; in it the words are " shall fraudulently embezzle." ' Frequently termed "larceny by bailee." Where the accused is not named as a "bailee," it maybe a question of law upon the averments whether or not he was a bailee." See Larceny. It is essential: that the accused occupy a fiduciary relation; that he received property (money) in the course of his employment; that the property belonged to his principal; that he converted it with intent to steal and embezzle it.'" The indictment must allege that the accused "feloniously did steal, take and carry away " the property. '» " Great Law of Penn., Ch. L ' IMd., Ch. C^XXl (1683). » The Boston, 1 Sumn. 356 (1833), Story, J. 4 United States v. Baugh, 4 Hughes, 608 (1880). See United States v. Long, 4 Woods, 464 (1881). ' 2 Bishop, Cr. L. § 336; Pittsburgh, &c. Pass. E'y Co. V. Mc Curdy, 114 Pa. 6S8 (1886). 'United States v. Lee, 12 F. R. 818 (1882), Cox, D. J.; 11 id. 293; State v. Wingo, 89 Ind. 806 (1883;; 41 How. Pr. 294; 62 Wis. 63; 4 Tex. Ap. 403. ' State V. Wolff, 34 La. An. 1154 (1882), Manning, J. estate D.Wolff, supra; New Mexico i;. Maxwell, 2 N. M. 367-68 (1882); United States v. Conant, 9 Cent. Law J. 129 (Cir. Ct., Mass., 1879), cases: R. S. § 5209national bank officer or agent; 3 Steph. Hist. Cr. L. Eng. 162-63. ' People V. Johnson, 71 Cal. 392 (1886). J« Exp. Hedley, 31 Cal.> 113 (1866). The details of the crime being statutory, the decisions of other States are to be read with caution.' Many State statutes follow 24 and 36 Vict. (1861) c. 96, §§ 6S-73.5 In some States the injured person may receive payment for the property embezzled or take security therefor.= In the Revised Statutes, the term designates a variety of offenses having in common the idea that the person has an opportunity to commit them by reason of some office or employment; and that they include some breach of confidence or trust, some misuse 'of a confidential opportunity: as, conversion by a public officer to his own use of public money intrusted to him for safe-keeping, disbursement, transfer, or other purpose.* See Decoy; Peculation.