1106
No. 5 of 1865.
Stealing by tenant or lodger of chattel or fixture let or lodging,
LARCENY.
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 husband, shall be guilty of felony, and shall be liable to imprisonment for any term not exceeding two years, 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 to imprisonment for any term not exceeding seven years, and, if a male under the age of sixteen years, with or without whipping:
24 & 25 Vict. c. 96, s. 74.
[cf. No. 3 of 1903.]
Fraudulent misappropriation of property. 1 Edw. 7, c. 10, s. 1.
(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.
62. # (1) Whosoever—
(a) being entrusted, either solely or jointly with any other person, with any property, in order that he may retain in safe custody or apply, pay or deliver, for any purpose or to any person, the property or any part thereof or any proceeds thereof; or
(b) having, either solely or jointly with any other person, received any property for or on account of any other person,
See No. 3 of 1890, Third Schedule.