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Offender may be tried and punished in any county or place where apprehended or in custody, and it shall be lawful to lay the property of any such chattel, money, &c., in Her Majesty.
Section 71.-It shall be lawful to charge in the indictment and proceed against the offender for any number of distinct 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
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.
Section 72.-If upon the trial of any person indicted for em- Larceny bezzlement or fraudulent application or disposition as aforesaid, bezzlement. the offence shall be proved 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, &c., but is guilty of simple larceny, or of larceny as a clerk, servant, &c., and such person shall be liable to be punished as 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, 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 or fraudulent application, &c., as the case may be, and thereupon such person shall be liable to be punished as for such embezzlement, fraudulent application or disposition; and no person so tried for embezzlement, &c., or larceny as aforesaid, shall be liable to be afterwards prosecuted for larceny or embezzlement upon the same facts. Section 73.-Any officer or servant of the governor and com- Embezzle
ment by pany of the Bank of England, or of Ireland, intrusted with any
officers of bond, deed, note, bill, warrant, or money, or with any security, bank. money, &c., belonging to the said governor and company, or belonging to some other person or body politic or corporate, and lodged or deposited with the same, who shall secrete, embezzle, or run away with any such bond, bill, &c., shall be guilty of felony. Punishment, penal servitude for life or imprisonment for two years.
LARCENY BY TENANTS OR LODGERS. Section 74.—Any one stealing any chattel or fixture let to be Tenants or
lodgers. used by them in or with any house or lodging, whether the contract be entered into by the lodger or tenant, or by the husband, or by any person on their behalf, is guilty of felony. Punish
ment, two years' imprisonment. Males under 16 may, in addition, be whipped. Where the value of articles stolen exceeds 51. the offender is liable to seven years' penal servitude or two years' imprisonment, and males under 16 may be whipped.
FRAUDS BY AGENTS, BANKERS AND FACTORS. Sections 75 to 78 relate to frauds by bankers, merchants, brokers, attorneys, or other agents.
Any such persons embezzling money, or selling securities, &c., intrusted to them, or goods, &c., intrusted to them for safe custody shall be guilty of a misdemeanor.
Section 75 is applicable to cases in which the money, security, &c., is intrusted to the agent with any " direction in writing' as to the application of such money, &c.
Section 76 is applicable to cases in which bankers fraudulently sell, &c., the property intrusted to their care.
Section 77 deals with cases where persons holding a position of agent, &c., fraudulently sell property.
Section 78 applies to factors obtaining advances on the property of the principals, as also to clerks or other persons knowingly and wilfully assisting them.
An exception is made in cases where the pledge does not exceed the amount of their lien.
Persons convicted of the misdemeanors referred to in sections 75 to 78 are liable to seven years penal servitude or two years imprisonment.
Section 79 defines terms “intrusted,” "pledge,” “ possessed,” “advance,” “ contract or agreement,” made use of in preceding sections 75 to 78. The possession of goods by a factor or agent
is to be taken as evidence of intrusting. Trustees Section 80.—Whosoever being a trustee of any property for the disposing of benefit of any person, or for a public or charitable purpose shall, property.
with intent to defraud, convert, or appropriate the same to his own use, or use of any other person, &c., or otherwise dispose of or destroy such property, shall be guilty of a misdemeanor. Punishment, seven years penal servitude or two years imprisonment. But no prosecution is to be commenced under this section without the sanction of some judge or the Attorney-General. See also sections 85, 86 and 87.
FRAUDS BY DIRECTORS, &c. Sections 81 to 84 relate to embezzlement, frauds, &c., by directors, officers, and members of public companies and cor porate bodies.
Under section 81 it is a misdemeanor for a director, member, Fraudulent or public officer of a body corporate, or public company, to
appropriafraudulently take or apply to his own use or any use or purpose other than the uses or purposes of such body or company, any of the property of the body or company.
Section 82.-A director, public officer, or manager of a body Fraudulent corporate or public company receiving or possessing himself of accounts. any of the property of the company, &c., otherwise than in pay. ment of a just debt or demand, and, with intent to defraud, omitting to make or have made a full and true entry thereof in the books and accounts of the company, is guilty of a misde
Section 83.–A director, manager, public officer, or member of Wilfully any body corporate or public company, destroying, falsifying, destroying &c., any book, writing, &c., belonging to the body or company, or making or concurring in making any false entry, or to omit, &c., any material particular in any book of account or other document, is guilty of a misdemeanor.
Section 84.-It is a misdemeanor for a director, manager, or Publishing public officer of any body corporate or public company to make, fraudulent circulate or publish, or concur in making, &c., any written statement or account which he knows to be false in any material particular, with intent to deceive or defraud any member, shareholder or creditor of such body or company, or with intent to induce any person to become a shareholder or partner therein, or to intrust or advance any property to such body or company, or to enter into any security for the benefit thereof.
The misdemeanors hereinbefore mentioned in sections 81 to 84 are punishable by seven years penal servitude or two years imprisonment.
Section 85 enacts that no person (such as therein mentioned) shall be convicted of any of the misdemeanors referred to in sections 75 to 84 of this Act if he shall at any time previously to his being charged with such misdemeanors, have disclosed the act on oath in consequence of any action which shall have been bona fide instituted by any party aggrieved, or if he shall have first disclosed the same in any compulsory examination or deposition before any court upon the hearing of any matter in bank. ruptcy or insolvency; and also nothing in the sections referred to shall entitle any person to refuse to answer a question in a civil proceeding on the ground that it tends to criminate himself.
Section 86.-The criminal proceeding is not to deprive any Remedies at party of his civil remedy, but the conviction is not to be evidence law or in in such civil suit.
affected. Section 87.-No misdemeanor against any of the last 12 pre
Trial at ceding sections (75 to 86) of this Act shall be prosecuted or tried at any court of general or quarter sessions of the peace.
OBTAINING MONEY BY FALSE PRETENCES.
Section 88.—Whosoever shall by any false pretence obtain pretences.
from any other person any chattel, money, or valuable security with intent to defraud shall be guilty of a misdemeanor. Punishment, five years' penal servitude or two years' imprisonment. If upon an indictment for false pretences it is proved that the defendant obtained the property in such manner as to amount in law to larceny, he is not on that account to be acquitted. A person tried for the misdemeanor is not liable to prosecution for larceny on same facts. It is sufficient to allege in the indictment and to prove at the trial an intent to defraud generally, without alleging or proving an intent to defraud any particular person.
Section 89.—“Whosoever shall by any false pretence cause or procure any money to be paid, or any chattel or valuable security to be delivered to any other person for the use or benefit or on account of the person making such false pretences, or of any other person, with intent to defraud, shall be deemed to have obtained such money, &c., within the meaning of the last preced
ing section.” Inducing by Section 90.-- For any person with intent to defraud or injure fraud to
another, by any false pretence to fraudulently cause or induce deeds. any person to execute, make, accept, indorse, or destroy the
whole or any part of any valuable security, or to write, impress, or affix his name, or the name of any other person, or of any company, firm, or co-partnership, or the seal of any body corporate, company, or society, upon any papar or parchment, in order that the same may be afterwards made or converted into, or used, or dealt with as a valuable security, is a misdemeanor punishable as obtaining by false pretences.
RECEIVING STOLEN GOODS.
Section 91.—Whosoever shall receive any chattel, money, valuable security, or other property whatsoever, the stealing, taking, extorting, obtaining, embezzling, or otherwise disposing whereof shall amount to a felony, either at common law or by virtue of this Act, knowing the same to have been feloniously stolen, taken, &c., shall be guilty of felony.
The receiver may be indicted and convicted, either as an acces. sory after the fact, or for a substantive felony, and in the latter case whether the principal felon shall be convicted or be amenable or not. A receiver shall be liable to 14 years' penal servitude or two years' imprisonment. Males under 16 may, in addition, be whipped.
Section 92.-In an indictment for stealing any property it is Indictment. lawful to add a count or counts for feloniously receiving the same or any part or parts thereof, and conversely in an indictment for receiving, it is lawful to add a count for feloniously stealing the same. It is for the jury to say of which offence they find the prisoner guilty, or if there are more prisoners than one it is for the jury to say which are guilty of each offence.
Section 93.-Any number of receivers, though they received Trial of at different times, of the property which has been stolen, or
receivers, otherwise disposed of in such manner as to amount to a felony at common law or by this Act, may be charged with substantive felonies (i.e., of receiving) in the same indictment, and tried together.
Section 94.—Upon the trial of two or more indicted for Jointly jointly receiving, the jury may convict one or more of sepa
receiving rately receiving
Section 95.-When the principal offence is a misdemeanor Punishment by this Act, e.g., if the property has been obtained by false for the mis
demeanor. pretences, the receiver knowing that the property has been unlawfully stolen, taken, obtained, converted, or disposed of, is also guilty of a misdemeanor, punishable by seven years' penal servi. tude or two years' imprisonment. Males under 16 may, in addition, be whipped.
Section 96.- A receiver may be tried in any county or place Receiver in which he shall have or shall have had the property which where
. is the subject of the charge in possession, or in any county or place in which the party guilty of the principal felony or misdemeanor may by law be tried, in the same manner as such a receiver may be dealt with, indicted, tried and punished in the county or place where he actually received such property.
Section 97.—Where the principal offence is punishable on Summary summary conviction, the receiver is liable on summary convic. conviction, tion to the same punishment to which the principal is liable for stealing or taking such property on the same conviction (i.e., the first, second, or subsequent).
Section 98 of Act deals with punishment of principals in the Principals, second degree, and accessories and abettors in misdemeanor.
accessories and abet
tors. By section 99 abettors in offences are punishable on summary conviction.