Page:United States Statutes at Large Volume 76A.djvu/558

–462– -462keeping of the property and its transportation according to his trust, whether or not he has broken the package in which the property is contained or has otherwise separated the items thereof, is guilty of embezzlement and shall be punished accordingly. § 1385. Bailee, tenant, lodger, or attorney in fact Whoever, bein^ a person entrusted with property as bailee, tenant or lodger, or with a power of attorney for the sale or transfer thereof, fraudulently converts the property or the proceeds from the sale or transfer thereof to his own use or secretes it or them with a fraudulent intent to convert to his own use, is guilty of embezzlement and shall be punished accordingly. § 1386. Clerk, agent or servant Whoever, being a clerk, agent, or servant of another person, fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, property of another person which has come into his control or care by virtue of his employment as such a clerk, agent or servant, is guilty of embezzlement and shall be punished accordingly. §1387. Evidence of debt as subject of embezzlement ' " Any evidence of debt, negotiable by delivery only, and actually executea, is a subject of embezzlement, whether it has been delivered or issued as a valid instrument or not. Where the property embezzled is an evidence of debt or right of action, the sum due upon it or evidenced to be paid by it shall be taken as its true value. § 1388. Bringing in property embezzled or received elsewhere Whoever, in a foreign country or State of the United States, embezzles the property of another, or receives such property, knowing it to have been embezzled, and brings it into the Canal Zone, may be tried, convicted and punished in the same manner as if the embezzlement or receiving had been committed in the Canal Zone. § 1389. Punishment for embezzlement Whoever is guilty of embezzlement shall be punished in the manner prescribed for stealing property of the value of that embezzled. § 1390. Claim of title as defense Upon a prosecution for embezzlement, it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith, even though the claim is untenable. This section does not excuse the unlawful retention of the property of another to offset or pay demands held against him. § 1391. Intent to restore property as defense The fact that the accused intended to restore the property embezzled is not a ground of defense or of mitigation of punishment, if it has not been restored before a complaint is laid before a magistrate or an information is filed in the district court charging the commission of the offense. § 1392. Actual restoration as ground for mitigation of punishment If, prior to a complaint laid before a magistrate or an information filed in the district court, charging the commission of embezzlement, the accused person voluntarily and actually restored or tendered restoration of the property alleged to have been embezzled, or any part thereof, the fact of restoration or tender is not a ground of defense, but it authorizes the court to mitigate punishment, in its discretion.

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