LARCENY:
No. 5 of 1865.
105
ment by per-
58. Every person who, being employed in the public service of His Majesty in this Colony or being a constable or other person employed in the police force, and entrusted by virtue of such employment with the receipt, custody, management, or control of any chattel, money, or valuable security, embezzles any chattel, money, or valuable security which is entrusted to or received or taken into possession by him by virtue of his employment, or any part thereof, or in any manner fraudulently applies or disposes of the same or any part thereof to his own use or benefit or for any purpose whatsoever except for the public service, shall be deemed to have feloniously stolen the same from His Majesty, and shall be liable to imprisonment for any term not exceeding fourteen years.
under ss. 57
59. In every case of larceny, embezzlement, or fraudulent application or disposition of any chattel, money, or valuable security mentioned in sections 57 and 58, it shall be lawful, in the warrant of commitment by the magistrate before whom the offender is 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.
: c. 96, s. 70.
embezzle-
clerk, etc., not to be
offence turns
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 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
*As amended by Law Rev. Ord., 1923.
vice versa.