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The Pamphlet Collection of Sir Robert Stout: Volume 45

Punishment of fraud or misappropriation

Punishment of fraud or misappropriation.

(8.) If any person obtains possession by false representation or imposition of any property of a society or registered branch, or having the same in his possession withholds or misapplies the same, or wilfully applies any part thereof to purposes other than those expressed or directed in the rules of the society or registered branch and authorised by this Act, he shall, on the complaint of the society or the registered branch, or of any member authorised by the society or by the registered branch, or the trustees or committee of management of the same, or of the Registrar, be liable on summary conviction to a penalty not exceeding fifty pounds and costs, and to be ordered to deliver up all such property, or to repay all moneys applied improperly, and in default of such delivery or repayment, or of the payment of such penalty and costs aforesaid, to be imprisoned, with or without hard labour, for any time not exceeding six months; but nothing herein contained prevents any such person from being proceeded against by way of indictment, if not previously convicted of the same offence under the provisions of this Act.

Treasurer of a society to be deemed to be servant of trustees within meaning of "The Larceny Act, 1867."

(9.) Every person elected or appointed to be the treasurer, secretary, or other officer of a society or of a registered branch registered under this Act, or registered or established under any Act repealed hereby, or who shall act in the capacity of or be employed as such treasurer, secretary, or officer, is, for the purposes and within the meaning of the sixty-seventh, sixty-eigth, seventy-first, and seventy-second sections of "The Larceny Act, 1867," to be deemed to be the servant of the trustee or trustees for the time being of such society or of such registered branch, as the case may be; and any such person who commits an offence against the said provisions of "The Larceny Act, 1867," maybe proceeded against, indicted, tried, and if convicted punished, in accordance with the provisions of the last-mentioned Act, as in the case of larceny or embezzlement by a clerk or a servant.

All other the provisions of "The Larceny Act, 1867," which would be applicable or extend to the case of larceny or page 26 embezzlement by clerks or servants, are to extend and apply to the treasurer secretary or other officer of any such society, and to the treasurer secretary or other officer of any registered branch.