CHAPTER XVIII.

 

EMBEZZLEMENT.

 

CONTENTS.

 

SECTION 1. Embezzlement defined.

2. Embezzlement by a public officer—Punishment.

3. Other embezzlement—Punishment

4. Court may mitigate the punishment when the offender is under sixteen years of age.

 

The protection of property, and all the business intercourse of society is based upon the trust which men repose in ethers therefore, the House of Nobles and Representatives do hereby enact

 

1. If any person, who is entrusted with, or has the possession, control, custody or keeping of a thing of value of another, by the consent or authority, direct or indirect, of such other, without the consent and against the will of the owner, fraudulently converts or disposes of the same, or attempts so to convert or dispose of the same, to his own use and benefit, or to the use and benefit of another than the owner or person entitled thereto, he is guilty of the embezzlement of such thing.

 

2.  Whoever, being a minister, collector, cashier, clerk or other person employed in the government treasury, or any other branch of the department of finance, or in any other department of the government, is guilty of embezzlement of any money, note, or other effects or property belonging to the government, shall be punished by imprisonment at hard labor for life or any number of years. or by fine not exceeding five times the value of the thing or property embezzled.

 

3.  Whoever is guilty of embezzlement, other than is specified in the preceding section, if it be to the amount of one hundred dollars or more, shall be punished by imprisonment at hard labor not more than ten years, or by fine not exceeding five times the value of the property or thing embezzled; if it be to the amount of twenty dollars and less than one hundred, he shall be punished by imprisonment at hard labor net mere than five years, or by fine not exceeding three hundred dollars; and if it be to an amount less than twenty dollars, he shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding fifty dollars

 

4.  Where the person convicted of embezzlement is under sixteen years of age, the court shall have the power to mitigate the punishment specified for the offense of which he is guilty, always having due regard to the welfare of the community of which the offender is a member