Page:1864-65 Territory of Dakota Session Laws.pdf/172

160 larceny may be charged to have been committed in any town or city into or through which such stolen property has been brought.

Section 601. Embezzlement defined.

602. When officer, &c., of any association, guilty of embezzlement.

603. When carrier, or other person, having property for transportation for hire, guilty of embezzlement.

604. When trustee, banker, &c., &c., guilty of embezzlement.

605. When bailee guilty of embozzlement.

606. When clerk or servant guilty of embezzlement.

607. Distinct act of taking not necessary to constitute embezzlement.

608. Evidence of debt undelivered, may be subject of embezzlement.

609. Claim of title a ground of defense.

610. Intent to restore the property is no defense.

611. But actual restoration is a ground for mitigation of punishment.

612. Punishment for embezzlement.

Sec. 601. Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.

Sec. 602. If any person, being an officer, director, trustee, clerk, servant or agent of any association, society or corporation (public or private,) fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control in virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, he is guilty of embezzlement.