service or by the police. persons in of Her Majesty, or being a constable or other person the Queen's employed in the police of any county, city, borough, district, or place whatsoever, shall steal any chattel, money, or valuable security belonging to or in the possession or power of Her Majesty, or intrusted to or received or taken into possession by him by virtue of his employment, shall be guilty of felony, 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 with or without solitary confinement. Embezzlement by persons in Note. This clause is new. Its object is to place the persons mentioned in it in the same position as ordinary clerks and servants, and it is framed so as to bear the same relation to the next following section as s. 67 does to s. 68. As to hard labour, &c., see ante, p. 5. 70. Whosoever being employed in the public service of Her Majesty, or being a constable or other the Queen's person employed in the police of any county, city, service, or borough, district, or place whatsoever, and intrusted by the police. Venue. by virtue of such employment with the receipt, custody, management, or control of any chattel, money, or valuable security, shall embezzle any chattel, money, or valuable security which shall be 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 every offender against this or the last preceding section warrant of may be dealt with, indicted, tried and punished either in the county or place in which he shall be apprehended or be in custody, or in which he shall have committed the offence; and in every case of larceny, embezzlement, or fraudulent appli- Form of cation or disposition of any chattel, money or valu- commitable security in this and the last preceding section ment and mentioned, it shall be lawful in the warrant of com- indictment. mitment by the justice of the peace before whom the offender shall be charged, and in the indictment to be preferred against such offender, to lay the property of any such chattel, money, or valuable security in Her Majesty. Note. This clause is taken from the 2 & 3 Will. 4, c. 4, ss. 1, 4, 5, with an insertion of words to include the clause in the 22 & 23 Vict. c. 32, s. 25, as to the police. The words of the former enactment were "embezzle the same." The words in italics were substituted as more correct. The clause is extended as to the venue, commitment, and indictment, so as to include cases falling within the preceding section. As to hard labour, &c., see ante, p. 5. embezzlement may indictment. 71. For preventing difficulties in the prosecution Distinct of offenders in any case of embezzlement, fraudulent acts of application or disposition herein-before mentioned, it shall be lawful to charge in the indictment and be charged proceed against the offender for any number of dis- in the same tinct acts of embezzlement, or of fraudulent application or disposition, not exceeding three, which may have been committed by him against Her Majesty or against the same master or employer, within the space of six months from the first to the last of such acts; and in every such indictment where the offence shall relate to any money or any valuable security it shall be sufficient to allege the embezzlement, or fraudulent application or disposition, to be of money, without specifying any particular coin or valuable security; and such allegation, so far as regards the Person in embezzle ment as a out to be larceny, description of the property, shall be sustained if the offender shall be proved to have embezzled or fraudulently applied or disposed of any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved; or if he shall be proved to have embezzled or fraudulently applied or disposed of any piece of coin or any valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, or to some other person, and such part shall have been returned accordingly. Note. This clause is framed from the 7 & 8 Geo. 4, c. 29, s. 48; 9 Geo. 4, c. 55, s. 41 (I.); 2 & 3 Will. 4, c. 4, s. 3; and 14 & 15 Vict. c. 100, s. 18. It applies to every case included in ss. 68 and 70. The words in italics were inserted to supply an omission in the 2 & 3 Will. 4, c. 4, s. 3. 72. If upon the trial of any person indicted for dicted for embezzlement, or fraudulent application or disposition as aforesaid, it shall be proved that he took the clerk, &c., property in question in any such manner as to [not] to be amount in law to larceny, he shall not by reason acquitted if the thereof be entitled to be acquitted, but the jury shall offence turn be at liberty to return as their verdict that such person is not guilty of embezzlement, or fraudulent but to 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 indictment 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 be con victed of larceny, and vice versâ. 十 in Note. This clause is taken from the 14 & 15 Vict. c. 100, s. 13, and extended so as to apply its provisions to the cases included in the last two preceding sections. The marginal note is corrected in italics. officers of 73. Whosoever, being an officer or servant of the Embezzlegovernor and company of the Bank of England or of ment by the Bank of Ireland, and being intrusted with any the Bank of bond, deed, note, bill, dividend warrant, or warrant England or for payment of any annuity, or interest, or money, Ireland. or with any security, money or other effects of or belonging to the said governor and company, or having any bond, deed, note, bill, dividend warrant, or warrant for payment of any annuity or interest, or money, or any security, money, or other effects of any other person, body politic or corporate, lodged or deposited with the said governor and company, or with him as an officer or servant of the said governor and company, shall secrete, embezzle or run away with any such bond, deed, note, bill, dividend or other warrant, security, money, or other effects as aforesaid, or any part thereof, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years, Tenant or lodger stealing chattel or fixture let to hire with house or lodgings. or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. 66, s. 6; 15 Note. This clause is framed from the 37 56, ss. 1, 4 21 & 22 Geo. 3, c. 16, s. 16 (I.); 5 Vict. Sess. 2, c. 28, s. 4 (I.). As to hard labour, &c., see ante, p. 5. As to larceny by tenants or lodgers: 74. Whosoever shall steal any chattel or fixture let to be used by him or her in or with any house or lodging, whether the contract shall have been entered into by him or her, or by her husband, or by any person on behalf of him or her or her husband, 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 five pounds, 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 indictment in the common form as for larceny, and in every case of stealing any fixture in this section mentioned 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. Note. This clause is taken from the 7 & 8 |