Criminal Law Act 1902 (SA)

ANNO SECUNDO

EDWARDI V11 REGIS.

No. 791.

An Act to amend "The Criminal Law Consolidation Act,

I 876."

[Assented to, November q t h, 1902.1

E it Enacted by the Governor, with the advice and consent of

B the Parliament of South Australia, as follows:

1, (l) Whosoever- Fraudulent mia- appropriation of

(a) Being. entrusted, l whether the instructions are written, money.

verbal, or imphed either solely or jointly with any other (1 Ed. v".. ch. 10,

person'with any roperty in order that he may

in safe custody, or apply, pay, or deliver for any pur-

pose or to any person the property or any part thereof,

or any proceeds thereof; or

any such trust or mortgage. 2. (1) Sections

( h ) Having, either solely or jointly with any other person,

received any property for or on account of any other

person: h

fraudulently converts to his own use or benefit, or the use or benefit of any other person, the property or any part thereof, or any proceeds thereof, or fraudulently destroys the said property or any part thereof, or any proceeds of such property or part theleof, shall be guilty of a misdemeanor, and be liable on conviction to imprisonment, with or without bard labor, for a term not exceeding seven years.

(2) Nothing in this section shall apply to or affect any tlastee on any express trust created by a deed or will, or any mortgagee of any property, real or personal, in respect of any act done by the trustee or mortgagee in relation to the property coluprised in or afiected by

2 2" EDWARDI VII, No. 791.

The Criminal Luw Amendment Act.-1902.

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R e p d of mtions

199 and 200 of	2. (1) Sections 199 and 200 of " The Criminal Law Consoli-
Criminal &W

Ccmsoliaation Act.	dation Act, 1876," a.re hereby repealed.
c b. 2.	(2) This Act shall take effect as part of G The Criminal Law Consolidation Act, 1876," and section 1 of this Act shall be deemed to be substituted for sections 199 and 200 of that Act, and references in any Act of the South Australian Parliament to those sections shall be construed as references to section 1 of this Act.
Felony oammitted

after previous 3, The provisions of sections 379 and 380 of The Criminal Law

oonviotion. Consolidation Act, 1876," shall extend to any previous conviction for felony committed within any of the States of the Commonwealth of Australia.

short title. 4. This Act may be cited as The Criminal Law Amendment

Act, 1902."

I n the name and on behalf of His Majesty, I hereby assent to

this Bill.

S. J. WAY, LieutenanbGovernor.

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Adelriide : Bp authority, C. E. B m o w, Government Printer, North perkace.