ORDINANCE No. 7 OF 1865.
Larceny, &c.
prosecuted for larceny, fraudulent application or disposition, or embezzlement, upon the same facts.
[See Ordinance No. 3 of 1886 as to embezzlement by partners.]
As to Larceny by Tenants or Lodgers:
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 him or her or by her husband, or by any person on behalf of him or her or her husband, 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 information in the common form as for larceny, and in every case of stealing any fixture in this section mentioned to prefer an information 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:-
60. Whosoever, having been intrusted, either solely, or jointly with any other person, as a banker, merchant, broker, attorney, or other agent, with any money or security for the payment of money, with any direction in writing to apply, pay, or 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 direction, in anywise 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, either 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 goods, &c., intrusted to him for safe custody.
821
Tenant or lodger stealing chattel or fixture let with house or lodgings.
Agent, banker &c., embezzling money or selling securities, &c., intrusted.