820
Form of warrant of commitment and information.
Person indicted for larceny as a clerk, &c., not to be acquitted if the offence turn out to be embezzlement; and vice versa.
ORDINANCE No. 7 of 1865.
Larceny, &c.
intrusted to or received or taken into possession by him by virtue of his employment, or any part thereof, or in any manner fraudulently apply or dispose 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 Her Majesty, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years,--or to be imprisoned for any term not exceeding two years, with or without hard labour; and in every case of larceny, embezzlement or fraudulent application or disposition of any chattel, money, or valuable security in this and the last preceding section mentioned, it shall be lawful in the warrant of commitment by the 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 valuable security in Her Majesty.
58. If upon the trial of any person indicted for embezzlement, or fraudulent application or disposition as aforesaid, it shall be 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, 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
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820
Form of
warrant of commitment and infor- mation.
Person indicted for
as a clerk,
&c., not to be acquitted if the offence.
turn out to be. Jarceny; and "“vice versa.
ORDINANCE No. 7 of 1865.
Larceny, &c.
intrusted to or received or taken into possession by him by virtue of his employment, or any part thereof, or in any manner fraudulently apply or dispose 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 Her Majesty, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years,--or to be imprisoned for any term not exceeding two years, with or without hard labour; and in every case of larceny, embezzlement or fraudulent application or disposition of any chattel, money, or valuable security in this and the last preceding section mentioned, it shall be lawful in the warrant of commitment by the 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 valuable security in Her Majesty.
58. If upon the trial of any person indicted for embezzlement, or fraudulent application or disposition as aforesaid, it shall be 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, 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 afore- said, 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 applica-- tion or disposition, or larceny as aforesaid, shall be liable to be afterwards
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