Page:United States Statutes at Large Volume 47 Part 1.djvu/900

 876 72d C ONGRESS. SESS. II. CH. 109. FE BRUAR Y 21, 1933 . Receiving Property "SEC . 352. Every person who, in any country or State of the try, a e tc. i n another coon- try United States, embezzles or steals the property of another, or receives, such property, knowing it to have been embezzled or stolen, and brings the same into the Canal Zone, may be convicted and punished in the same m anner as if such e mbezzl ement, larcen y, or receiv ing had been committed in the Canal Zone ." SEc. 97. That Chapter V of Title XVI of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 354 a new section numbered 354a to read as follows Taking motor vehi- "SEc . 354a . Any person who shall, without the permission of the ole, etc ., temporarily . ~ owner thereof, take any automobile, bicycle, motor cycle, or other vehicle, for the purpose of temporarily using or operating the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $200, or by impris- onment in jail not exceeding three months, or by both such fine and imprisonment ." SEC. 98 . That Chapter V of Title XVI of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 354a a new section numbered 354b to read as follows mnllawful use of auto- " SEC. 354b . Every owner or manager of an automobile garage, or agent or employee of such owner or manager, or any other person, having th e care, c ustody, o r possess ion of an y automob ile, who takes, hires, ru ns, drive s, or use s such au tomobile, or who t akes or r emoves therefrom any part thereof, without the owner's consent, is punish- able by a fine not exceeding $1,000, or by imprisonment in jail not exceeding one year, or by both such fine and imprisonment .' SEc . 98a. That section 355 of the Penal Code of the Canal Zone is hereby amended to read as follows Keeping fire . "SEc. . 355 . Every person who saves from fire, or from a building saved from endangered by fire, any property, and for two days thereafter cor- ruptly ne glects to notify t he owner thereof, is punish able by i mpris- onment in the penitentiary not more than ten years ." SEc. 99. That section 359 of the Penal Code of the Canal Zone is hereby amende d to r ead as follo ws Appropriation by "SEc. 359 . Every officer of the government of the Canal Zone, trustee of trust prop- and ever deputy, clerk, or servant of any such officer, and every erty to own use. officer, director, trustee, clerk, s ervant, a ttorney, or agent of any association, society, or corporation (public or private), and any other person who fr audule ntly a ppropr iates to any use or purpo se not in the due and lawful execution of his trust, any property which he has in his possession or under his control by virtue of his trust, or secretes it with a fraudule nt intent to appro priate it to such use or pu rpose, is ilty of embezzlement ." EC. 100 . That section 366 of the Penal Code of the Canal Zone is hereby amended to read as follows s defense. ion to restore "SEc. 366. The fact that the accused i ntended t o restor e the pro p- erty embezzled is no ground of defense or of mitigation of punish- ment, if it has not been restored before a complaint has been laid before a magistrate or an information has been filed before the district courtt,,.~ charging the commission of the offense ." .SEC . 101 . That section 367 of the Penal Code of the Canal Zone is hereby amende d to r ead as follo ws grActual ot~mititatioaa " SEC1 367. Whenever, prior to any complaint laid before a magis- otpnnishment - trate or an information filed in the district Court, charging the com- mission of embezzlement, the person accused voluntarily and actually restored or tender ed restor ation of the prope rty alleg ed to hav e been embezzled, or any part thereof, such fact is not a ground of defense but it authorizes the court to mitigate punishment, in its discretion .3