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which the same may have been converted or exchanged, and the proceeds thereof respectively, and anything acquired by such proceeds.” (Ib. s. 67.)

FRAUDULENT RECEIPTS BY WAREHOUSEMEN.—“If the keeper of any warehouse, or any forwarder, common carrier, agent, clerk, or other person employed in or about any warehouse, or if any other factor or agent, or any clerk or other person employed in or about the business of such factor or agent, knowingly and wilfully gives to any person a writing purporting to be a receipt for, or an acknowledgment of any goods or other property as having been received in his warehouse, or in the warehouse in or about which he is employed, or in any other manner received by him or by

by the person in or about whose business he is employed, before the goods or other property named in such receipt or acknowledgment have been actually delivered to him as aforesaid, with intent to mislead, deceive, injure or defraud any person or persons whomsoever, although such person or persons may be then unknown; or if any person knowingly and wilfully accepts or transmits or uses any such false receipt or acknowledgment, the person giving and the person accepting, transmitting or using such receipt or acknowledgment shall severally be guilty of a misdemeanor, and shall be imprisoned in the penitentiary for any term not exceeding three years nor less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years but not less than one year.” (16. s. 68.)

“In case any merchandize having, in the name of the owner or of any other person, been shipped or delivered to the keeper of any warehouse or to any other factor, agent or carrier, to be shipped or carried, the consignee afterwards advances any moneys or gives any negotiable security to such owner or other person, then, if after any such advance the said owner or other person for his own benefit and in violation of good faith, and without the consent of such consignee first had and obtained, makes any disposition of such merchandize different from and inconsistent with the agreement in that behalf between such owner or other person aforesaid and such consignee at the time of or before such money being so advanced or such negotiable security being so given, with the intent to deceive, defraud or injure such consignee, the owner or other person aforesaid, and each and every other person knowingly and wilfully acting and assisting in making such disposition for the purpose of deceiving, defrauding or injuring such consignee, shall be guilty of a misdemeanor, and shall be imprisoned in the penitentiary for any period not more than three years nor less than two years, or be imprisoned in some other prison or place of confinement for any term less than two years but not less than one year; but no person shall be subject to prosecution under this section who had, before making a disposition of the merchandize as aforesaid, paid or tendered to the consignee the full amount of any advance made thereon.” (Ib. s. 69.)

“ If any offence in the two last preceding sections mentioned be committed by the doing of anything in the name of any firm, company or copartnership of persons, the person by whom such thing is actually done, or who connives at the doing thereof, shall be deemed guilty of the offence, and not any other person. (16. s. 79.)

BY MUNICIPAL OFFICERS. — “All books, papers, accounts, documents, moneys and valuable securities, respectively, by any person or officer appointed or employed by or on behalf of any council, kept or received by virtue of his office or employment, shall be the property of the corporation; and in case any such person or officer refuses or fails to deliver up or pay over the same respectively to the corporation, or to any person authorized by the council to demand them, he shall be deemed guilty of a fraudulent embezzlement thereof, and may be prosecuted and punished in the same manner as a servant fraudulently embezzling any chattel, money or valuable security of his master; but nothing herein shall affect any remedy of the corporation or of any other person against the offender or his sureties, or any other party; nor shall the conviction of the offender be receivable in evidence in any suit, at aw or in equity, against him.” (Con. Stat. U. C. c. 54, s. 184.)

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BY REVENUE OFFICERS. — “ All books, papers, accounts and documents, of what kind soever, and by whom and at what cost soever the paper and materials thereof have been procured or furnished, kept by or used, or received or taken into the possession of any officer or person employed or having been employed in the collection or management of the revenue, or in accounting for the same, by virtue of his employment as such, shall be deemed to be chattels belonging to Her Majesty; and all moneys or valuable securities received or taken into his possession by virtue of his employment, shall be deemed to be moneys and valuable securities belonging to Her Majesty.

“If any such officer or person at any time fraudulently embezzles any such chattel, money or valuable security (and any refusal or failure to pay over or deliver up any such chattel, money or valuable security to any officer or person who, being duly authorized by the Governor-in-council, demands the same, shall be a fraudulent embezzlement thereof), he shall be deemed to have feloniously stolen the same, and may be indicted and proceeded against, and, being convicted thereof, shall be liable to be punished, in the same manner as any servant who, having fraudulently embezzled any chattel, money or valuable security, received or taken into his possession by virtue of his employment for or on the account of his master, and being in law deemed to have feloniously stolen the same, may be indicted, proceeded against and punished.

“Nothing herein contained shall prevent, lessen or impede any remedy which Her Majesty or any other party has against the offender or his sureties, or against any other party whomsoever; but nevertheless the conviction of any such offender shall not be received in evidence in any suit or action, in law or in equity, against him.” (Con. Stat. C. c. 16, s. 40.)

BY OFFICERS OF SAVINGS BANKS.--"If any officer or servant of any such bank fraudulently embezzles any chattel, money or valuable security belonging to such bank (and any unjustifiable refusal or failure to pay over or deliver up any such chattel, money or valuable security, on demand, to the directors of the bank, or to any person by them authorized to demand and

receive the same, shall be held to be a fraudulent embezzlement thereof), he shall be deemed to have feloniously stolen the same, and may be indicted and proceeded against, and, being convicted thereof, shall be punished, in the same manner as any servant who, having fraudulently embezzled any chattel, money or valuable security received or taken into his possession by virtue of his employment for or on account of his master, and, being in law deemed to have feloniously stolen the same, may be indicted, proceeded against and punished.” (Con. Stat. C. c. 56, s. 54.)

BY OFFICERS, &c., OF CHARITABLE ASSOCIATIONS.—“If any officer, secretary, treasurer, trustee or member of any such society, obtains undue possession of, misappropriates, embezzles or withholds from the other members, officers or other persons entitled to demand and receive the same, the whole or any portion of the funds, moneys or other property of the society, and continues to withhold the same after due demand for the restoration and payment of the same has been made by some one or more members or officers duly appointed by or on behalf of the body or society, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall, at the discretion of the court, be imprisoned in the penitentiary for any term not exceeding three years ror less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years, or suffer such other punishment by fine or imprisonment, or by both, as the court may award.” (Ib. c. 74, s. 8.)

“The printed or written rules of such society in force for the time being, and the appointment of any officer, secretary, treasurer, trustee, or enrolment of any member, certified under the hand of the presiding officer for the time being and the seal of the society, and the books, minutes and other documents of *the society, relative to any portion of the matter then in question, may be received in evidence in any proceedings in any court of civil or criminal jurisdiction against any of the parties mentioned in the last preceding section charged with the offence therein stated.” (16. s. 9.)

STATUTE OF FRAUDS EXTENDED TO CONTRACTS FOR GOODS TO BE DELIVERED AT A FUTURE TIME.- -“ The seventeenth section of an act passed in England in the twenty-ninth year of the reign of King Charles the Second, intituled, “An act for the prevention of frauds and perjuries,' shall extend to all contracts for the sale of goods of the value of forty dollars and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured or provided, or fit or ready for delivery, or although some act may be requisite for the making or completing thereof, or rendering the same fit for delivery." (Con. Stat. U. C. c. 44, s. 11.)

ON INDICTMENT FOR EMBEZZLEMENT, PARTY MAY BE CONVICTED OF LARCENY.—“If upon the trial of any person indicted for embezzlement, as a clerk or servant, or as a person employed in the capacity of clerk or servant, it be proved that he took or disposed of 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 may return as their verdict that such person is not guilty of embezzlement, but is guilty of simple larceny, or of larceny as a clerk, servant or person employed in the capacity of a clerk or servant, as the case may be; and thereupon such person shall be punished in the same manner as if he had been convicted on an indictment for such larceny.” (Con. Stat. C. c. 99, s. 58.)

On INDICTMENT FOR LARCENY, PARTY MAY BE CONVICTED OF EMBEZZLEMENT—A PARTY TRIED FOR EMBEZZLEMENT OR LARCENY NOT TO BE AGAIN TRIED ON THE SAME FACTS.—“If upon the trial of any person indicted for larceny it be proved that he took or disposed of the property in question in any such manner as to amount in law to embezzlement, he shall not by reason thereof be entitled to be acquitted, but the jury may return as their verdict that such person is not guilty of larceny, but is guilty of embezzlement; and thereupon such person shall be punished in the same manner as if he had been convicted upon an indictment for such embezzlement; and no person so tried for embezzlement or larceny as aforesaid shall be afterwards

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