D. 1865.
A.D. 1865.
LARCENY.
[No. 5.
205
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Larceny by Tenants or Lodgers.
61.--(1.) Every person who steals any chattel or fixture let to be used by him or her in or with any house or lodging, whether the tract has been entered into by him or her or by her husband or by 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 imprisonment 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 exceeds the sum of twenty-five dollars, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding seven years and not less than three years or to imprisonment 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.
(2.) In every case of stealing any chattel mentioned in this section, it shall be lawful to prefer an indictment in the common form as for larceny, and in every case of stealing any fixture mentioned in this section, 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.
Frauds by Bankers, Agents, etc.
62.--(1.) Every person who,--
(a.) having been entrusted, 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, in violation of good faith and contrary to the terms of such direction, in anywise converts to his own use or benefit, or to the use or benefit of any person other than the person by whom he has been so entrusted, such money, security, or proceeds, or any part thereof respectively;
or,
(b.) having been entrusted, 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 transfer of any share or interest in any public stock or fund, whether of the United Kingdom or any part thereof, or of any Foreign State, or of this Colony, or in any
Stealing by tenant or lodger of chattel or fixture let with house or lodging.
c. 96 s. 74.
24 & 25 Vict.
Misappropriation by banker, etc., of money or security entrusted to him for specific purpose.
Ib. s. 75.