fixed in any square, street, or other like place; it shall not be necessary to allege the same to be the property of any person.

felony.

XLV. And for the punishment of depreda- Tenants and lodgers tions committed by tenants and lodgers, be it from houses or apartstealing any property enacted, That, if any person shall steal any n ments let to them, 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, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable to be, punished in the same manner as in the case of simple larceny; and in every such case of Punishment. stealing any chattel, it shall be lawful to prefer an indictment in the common form as for larceny, and in every such case of stealing any fixture, 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..

f

their masters.

XLVI. And, for the punishment of depre- Clerks and servants dations committed by clerks and servants in stealing property of cases not punishable capitally, be it enacted, That if any clerk or servant shall steal any chattel, money, or valuable security belonging to or in the possession or power of his master, every such offender, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term, not exceeding fourteen years, Punishment. nor less than seven years, or to be imprisoned for any term not exceeding three years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall

so think fit), in addition to such imprisonment. Clerks or servants reXLVII. And, for the punishment of embez- ceiving any money,

&c. on their master's

account, and embezzling it, shall be

deemed to have feloniously stolen it.

Punishment.

Distinct acts of embezzlement may be charged in the same indictment.

As to allegation and proof of the property

embezzled.

1

zléments committed by clerks and servants, be it declared and enacted, That if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or ser vant, shall, by virtue of such employment, 'receive or take into his possession any chattel, money, or valuable security, for or in the name or on the account of his master, and shall fraudulently embezzle the same, or any part thereof, every such offender shall be deemed to have feloniously stolen the same from his master, although such chattel, money, or security was not received into the possession of such master otherwise than by the actual possession of his clerk, servant, or other person' so employed; and every such offender, being convicted thereof, shall be liable, at the dis cretion of the court, to any of the punishments which the court may award as herein-before last mentioned.

XLVIII. And, for preventing the difficul ties that have been experienced in the prose cution of the last-mentioned offenders, be it enacted, That it shall be lawful to charge in the indictment and proceed against the offender for any number of distinct acts of embez→ zlement not exceeding three, which may have been committed by him against the same master, within the space of six calendar months from the first to the last of such acts; and in every such indictment, except where the of fence shall relate to any chattel, it shall be sufficient to allege the embezzlement to be of money, without specifying any particular coin© or valuable security; and such allegation, so far as regards the description of the property, shall be sustained, if the offender shall be proved to have embezzled any amount, al

though 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 any piece of coin or 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, and such part shall have been returned accordingly.

them to be applied to

XLIX. And, for the punishment of em- Agents embezzling bezzlements committed by agents entrusted money entrusted to with property, be it enacted, That if any any special purpose; money, or security for the payment of money shall be entrusted to any banker, merchant, broker, attorney, or other agent, with any direction in writing to apply such money, or any part thereof, or the proceeds or any part of the proceeds of such security, for any purpose specified in such direction, and he shall, in violation of good faith, and contrary to the purpose so specified, in anywise convert to his own use or benefit such money, security, or proceeds, or any part thereof respectively, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than sevent years, or to suffer such other punishment, by fine or imprisonment, or by both, as the court or embezzling any shall award; and if any chattel or valuable goods or valuable sesecurity, or any power of attorney for the sale them for safe custody, or transfer of any share or interest in any or for any special purpose, guilty of a public stock or fund, whether of this king- misdemeanor. dom, or of Great Britain or of Ireland, or of any foreign state, or in any fund of any body

curity entrusted to

Punishment.

Not to affect trustees. or mortgagees;

nor bankers, &c. receiving money due

corporate, company, or society, shall be entrusted to any banker, merchant, broker, attorney or other agent, for safe custody, or før any special purpose, without any authority to sell, negotiate, transfer, or pledge, and he shall, in violation of good faith and contrary to the object or purpose for which such chattel, security, or power of attorney shall have been entrusted to him, sell, negotiate, transfer, pledge, or in any manner convert to his own use or benefit such chattel or security, or the proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of attorney shall relate, or any part thereof, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to any of the punishments which the court may award, as herein-before last mentioned.

L. Provided always, and be it enacted, That nothing herein-before contained relating to agents shall affect any trustee in or under any instrument whatever, or any mortgagee of any property, real or personal, in respect .of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage; nor shall restrain any banker, merchant, broker, on attorney, or other agent, from receiving any money which shall be or become actually due and payable upon or by virtue of any valu able security, according to the tenor and effect thereof, in such manner as he might have done if this Act had not been passed; nor or disposing of secu- from selling, transferring, or otherwise dis posing of securities or effects in his pos session, upon which he shall have any lien,

securities,

rities on which they have a lien.

any

claim, or demand entitling him by law so to do, unless such sale, transfer, or other dispo sal shall extend to a greater number or part of such securities or effects than shall be res quisite for satisfying such lien, claim, or demand.

goods or documents

LI. And be it enacted, That if any factor Factors pledging for or agent entrusted, for the purpose of sale, their own use any with any goods or merchandize, or entrusted relating to goods enwith any bill of lading, warehouse keeper's trusted to them for or wharfinger's certificate, or warrant or order guilty of a misde-" for delivery of goods or merchandize, shall, meanor. for his own benefit and in violation of good faith, deposit or pledge any such goods or merchandize, or any of the said documents, as a security for any money or negotiable instrument borrowed or received by such factor or agent, at or before the time of making such deposit or pledge, or intended to be thereafter borrowed or received, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to suffer such other punishment by fine or impri sonment, or by both, as the court shall award; Not to extend to but no such factor or agent shall be liable to cases where the pledge does not exany prosecution for depositing or pledging ceed the amount of any such goods or merchandize, or any of the their lien. said documents, in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which, at the time of such deposit or pledge, was justly due and owing to such factor or agent from his principal, together with the amount of any bill or bills of exchange drawn

K