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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. ve snob

XLV. And for the punishment of depreda- Tenants and lodgers tions committed by tenants and lodgers, be it from houses or apart

t stealing any property enacted, That if any person shall steal any ments let to them, chattel or fixture let to be used by him or her felony. 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 şuch 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 pro- tart butte perty in the owner or person letting to hire, -TOXLVI. 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 abuerg recort agut

Yools 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 puba licly or privately whipped (if the court shall so think fit), in addition to such imprisonment. Clerks o rod XLVIL And, for the punishment of embez- ceiving any money,

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Punishment.

&c. on their master's zlements committed by clerks" and servants, account, and em- be it declared and enacted, That if any clerk bezzling it, shall bedeemed to have felo- or servant, or any person employed for thel niously stolen it.

purpose or in the capacity of a clerk or sera rant, shall, by virtue of such employment, 'reo ceive or take into his possession any chåttel, 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 dist cretion of the court, to any of the punishments which the court may award as herein-before

last mentioned."''..!!! *****:07 od lo Distinct acts of em - XLVIII. And, for preventing the difficul4 bezzlement may be charged in the same

ties that have been experienced in the prosed indictment.

cution of the last-mentioned offenders, be it! enacted, That it shall be lawful to charge in the indictment and proceed against the offenu! der for any number of distinct acts of embez zlement not exceeding three, which may have been committed by him against the dsame 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 of27 1.4.. fence shall relate to any chattel, it shall be

sufficient to allege the embezzlement to be of

money, without specifying any particular coin As to allegation and or valuable security; and such allegation, só proof of the property far as regards the description of the property embezzled.

shall be sustained, if the offender shall bet proved to have embezzled any amount, ali

though the particular species of coin or valu- 'yglasns tieris 1103 able security of which such amount was com- 19 hors (10035 posed shall not be proved; or if he shall be olul gver of bemalı

3d ladda li gailsssd proved to have embezzled any piece of coin Ji aglota Yleuoi 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. a oti borseab

XLIX. And, for the punishment of em- Agents embezzling bezzlements committed by agents entrusted money entrusted to

them to be applied 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,

Ona tila testa 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 purpese specified in such direction, and he shall, 235-a ) in violation of good faith, and contrary to the Star ORA 51,9

Sants Sdni bagista purpose so specified, in anywise convert to his

etih 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 seven 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 se

curity entrusted to security, or any power of attorney for the sale them for safe custody, or transfer of any share or interest in any or for any speciali

purpose, guilty of a public stock or fund, whether of this king- misdemeanor. dom, or of Great Britain or of Ireland, or of the any foreign state, or in any fund of any body

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corporate, company, or society, shall be eni- trusted 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 chat

tel, security, or power of attorney shall bave 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 Punishment. any part thereof, every such offender shall be

guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discre tion of the court, to any of the punishments which the court may award, as herein-before

last mentioned. .. Not to affect trustees L. Provided always, and be it enacted, or mortgagees; 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 nor bankers, &c. re- shall restrain any banker, merchant, broker, ceiving money due on attorney, or other agent, from receiving any securities,

money which shall be or become actually due and payable upon or by virtue of any valuable security, according to the tenor and effect thereof, in such manner as be might have

done if this Act had not been passed; inor or disposing of secu- from selling; transferring, or otherwise disa rities on which they posing of any securities or effects in his, por have a lien.

session, upon which he shall have any lien;

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claim, or demand entitling him by law so to do, unless such sale, transfer, or other disposal shall extend to a greater number or parte a telectus of such securities or effects than shall be re. So quisite for satisfying such lien, claim, or dea balio pag mand.pe bas de las poloty i oda

LI. And be it enacted, That if any factor Factors pledging for or agent entrusted, for the purpose of sale, their own use any

3 goods or documents with any goods or merchandize, or entrusted fela with any bill of lading, warehouse keeper's trusted to them for or wharfinger's certificate, or warrant or order du

O nt d ay the purpose of sale, 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, aspettato and, being convicted thereof, shall be liable,

2099EENGO 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 imprisonment, 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 any prosecution for depositing or pledging pe

neden pledge does not exany 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

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