THE HONGKONG GOVERNMENT GAZETTE, 24TH JUNE, 1865.
st preceding Section mentioned, it shall be lawful in the Warrant of Commitment by Magistrate before whom the Offender shall be charged, and in the Information to be preferred against such Offender, to lay the Property of any such Chattel, Money or
luable Security in Her Majesty.
365
ceny; and vice verså.
A
58. If upon the Trial of any Person indicted for Embezzlement, or fraudulent Person indicted for Application
or Disposition as aforesaid, it shall be proved that he took the Property in Embezzlement as
Clerk, & not to be any such Manner as to amount in Law to Larceny, he shall not by reason acquitted if the Offen- question in thereof be entitled to be acquitted, but the Jury shall be at liberty to return as theirce turn out to be Lar- 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 em- ployed in the Public Service, or in the Police, 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 upon an Information for such Larceny; and if upon the Trial of any Person indicted for Larceny it shall be 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 upon an Information for such Embezzlement, fraudulent Application or Disposition; and 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.
As to Larceny by Tenants or Lodgers :-
or
Fixture let with House
59. Whosoever shall steal any Chattel or Fixture let to be used by him or her in Tenant or Lodger or with any House or Lodging, whether the Contract shall have been entered into by stealing Chattel him or her or by her Husband, or by any Person on behalf of him or her or her Husband, or Lodgings. 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 Direc- tion, 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,
Agent, Banker, &c., embezzling Money or intrusted to him
selling Securities, &c.,
or Proceeds, or any Part thereof respectively;-and whosoever, having been intrusted, or Goods, &c.,intrusted either solely, or jointly with any other Person, as a Banker, Merchant, Broker, Attorney, to him for safe Custody. 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 I'nited Kingdom, or any Part thereof, or of any Foreign State, or of this Colony, or in any Stock or Fund of any Body Corporate, Company, or Society, for safe Custody, or any special Purpose, without any Authority to sell, negotiate, transfer, or pledge, shall, in violation of good Faith, and contrary to the Object or Purpose for which such Chattel, Security, or Power of Attorney shall have been intrusted to him, sell, negotiate, transfer, pledge, or in any Manner convert to his own Use or Benefit, or the Use or Penefit of any Person other than the Person by whom he shall have been so intrusted, uch Chattel or Security, or the Proceeds of the same, or any Part thereof, or the Share
for
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