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.
LARCENY:
No. 5 of 1865.
105
ment by per-
58. Every person who, being employed in the public Embezzle- service of His Majesty in this Colony or being a constable or son in public other person employed in the police force, and entrusted by service or in virtue of such employment with the receipt, custody, manage- 24 & 25 Vict.
police force.
ment, or control of any chattel, money, or valuable security, c. 96, s. 70. 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 Form of application or disposition of any chattel, money, or valuable warrant, etc., security mentioned in sections 57 and 58, it shall be lawful, and 58. in the warrant of commitment by the magistrate before whom 24 & 25 Vic. 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 Person embezzlement or fraudulent application or disposition as afore- indicted for said, it is proved that he took the property in question in any ment as 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 acquitted if at liberty to return as their verdict that such person is not out to be guilty of embezzlement or fraudulent application or disposi- larceny; and tion, but is guilty of simple larceny, or of larceny, as a clerk, 2425 Vict. servant, or person employed for the purpose or in the capacity c. 96, s. 72. 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 there- upon 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 of 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.
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