THE HONGKONG GOVERNMENT GAZETTE, 13TH MAY, 1865.
239
Form of Warrant
opt for the Public Service, shall be deemed to have feloniously stolen the same from Her Majesty, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour; and in every Case of Larceny, Embezzlement or Fraudulent Application
or Disposition of any Chattel, Money or valuable Security in this and the of Commitment and last preceding Section mentioned, it shall be lawful in the Warrant of Commitment by the Magistrate before whom the Offender shall be charged, and in the Indictment to be preferred against such Offender, to lay the property of any such Chattel, Money or valuable Security in Her Majesty.
:
Indictment.
Embezzlement as &
ce turn out to be Lar- ceny; and vice versů.
58. If upon the Trial of any Person indicted for Embezzlement, or fraudulent Persou indicted for Application or Disposition as aforesaid, it shall be proved that he took the Property in Clerk, &c., not to be
in question any such Manner as to amount in Law to Larceny, he shall not by reason acquitted if the Offen- thereof be entitled to be acquitted, but the Jury shall be at liberty to return as their Verdict that such Person is not guilty of Embezzlement, or Fraudulent Application or Disposition, but is guilty of Simple Larceny, or of Larceny as a Clerk, Servant or Person employed for the Purpose or in the Capacity of a Clerk or Servant, or as a Person em- ployed in the Public Service, or in the Police as the Case may be ; and thereupon such Person shall be liable to be punished in the same Manner as if he had been convicted upon an Indictment for such Larceny and if upon the Trial of any Person indicted for Larceny it shall be proved that he took the Property in question in any such Manner as to amount in Law to Embezzlement, or fraudulent Application or Disposition as aforesaid, he shall not by reason thereof be entitled to be acquitted, but the Jury shall be at liberty, to return as their Verdict that such Person is not guilty of Larceny, but is guilty of Embezzlement, or fraudulent Application or Disposition, as the Case may be; and thereupon such Person shall be liable to be punished in the same Manner as if he had been convicted upon an Indictment for such Embezzlement, fraudulent Application or Disposition; and no Person so tried for Embezzlement, fraudulent Application or Disposition, or Larceny as aforesaid, shall be liable to be afterwards prosecuted for Larceny, fraudulent Application or Disposition, or Embezzlement, upon the same Facts.
As to Larceny by Tenants or Lodgers.
Tenant or Lodger stealing Chattel or
59. Whosoever shall steal any Chattel or Fixture let to be used by him or her in or with any House or Lodging, whether the Contract shall have been entered into by Fixture let with House him or her or by her Husband, or by any Person on behalf of him or her or her Husband, or Lodgings. shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and if a Male under the Age of Sixteen Years, with or without Whipping, and in case the Value of such Chattel or Fixture shall exceed the sum of Twenty-five Dollars, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and if a Male under the Age of Sixteen Years, with or without Whipping; and in every Case of stealing any Chattel in this Section mentioned it shall be lawful to prefer an Indictment in the common Form as for Larceny, and in every Case of stealing any Fixture in this Section mentioned to prefer an Indictment in the same Form as if the Offender were not a Tenant or Lodger, and in either Case to lay the property in the Owner or Person letting to Hire.
As to Frauds by Agents, Bankers, or Factors.
embezzling Money or
60. Whosoever, having been intrusted, either solely, or jointly with any other Agent, Banker, &c., Person, as a Banker, Merchant, Broker, Attorney, or other Agent, with any Money or selling Securities, &c., Security for the Payment of Money, with any Direction in Writing to apply, pay, or intrusted to him deliver such Money or Security or any Part thereof respectively, or the Proceeds or any Part of the Proceeds of such Security, for any Purpose, or to any Person specified in such Direction, shall, in violation of good Faith, and contrary to the Terms of such Direc- tion, in any wise convert to his own Use or Benefit, or the Use or Benefit of any Person other than the Person by whom he shall have been so intrusted, such Money, Security, or Proceeds, or any Part thereof respectively;-and whosoever, having been intrusted, or Goods, &c., Intrusted
ither solely or jointly with any other Person, as a Banker, Merchant, Broker, Attorney, or other Agent with any Chattel or valuable Security, or any Power of Attorney for the Sale or Transfer of any Share or Interest in any Public Stock or Fund, whether of the
to him for safe custody.