106
No. 5 of 1865.
LARCENY.
Person indicted for embezzlement as clerk, etc., not to be acquitted if offence turns out to be larceny; and vice versa.
[24 & 25 Vict. c. 96 s. 72.]
Stealing by tenant or lodger of chattel or fixture let with house or lodging. [ib. s. 74.] [cf. No. 3 of 1903.]
* charged and in the indictment to be preferred against such offender, to lay the property of any such chattel, money, or valuable security in His Majesty.
60. (1) If, on the trial of any person indicted for embezzlement or fraudulent application or disposition as aforesaid, it is proved that he took the property in question in any such manner as to amount in law to larceny, 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 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 employed in the public service or in the police force, 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 on an indictment for such larceny.
(2) If, on the trial of any person indicted for larceny, it is 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 on an indictment for such embezzlement or fraudulent application or disposition.
(3) 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.
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 contract has been entered into by him or her or by her husband or by any person on behalf of him or her or husband, shall be guilty of felony, and shall be liable to imprisonment for any term not exceeding 2 years, and, if a male under the age of 16 years, with or without whipping; and, in case the value of such chattel or fixture exceeds
* As amended by No. 30 of 1911.
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