34Retaining or disposing of property as workmen etc.

34 Retaining or disposing of property as workmen etc. S. 34(1) amended by No. 9554 s. 2(2)(Sch. 2 item 328). (1) Any artificer workman journeyman apprentice or other person who unlawfully disposes of or retains in his possession without the consent of the person by whom he is hired retained or employed any goods wares work or materials committed to his care or charge (the value of such goods wares work or materials being not more than $100) or any person who receives any of the same knowing them to have been stolen or unlawfully obtained shall be guilty of an offence. 1. For a first offence—5 penalty units or imprisonment for three months; For a second or subsequent offence—10 penalty units or imprisonment for six months. S. 34(2) amended by Nos 9902 s. 2(1)(Sch. item 234), 57/1989 s. 3(Sch. item 190.29). (2) If any person to whom any property is offered to be sold pawned or delivered has reasonable cause to suspect that an offence referred to in the last preceding subsection has been committed in respect of the property, he may arrest without a warrant and with all convenient speed take before a bail justice or the Magistrates' Court the person offering the property together with the property to be dealt with according to law; and in every such case the stolen property shall by order of the court by which the case is heard and determined be delivered over to the rightful owner, if known, or if the rightful owner is not known shall be sold and the proceeds of the sale shall be paid into and form part of the Consolidated Fund. Heading preceding s. 35 and s. 35 repealed by No. 7786 s. 2. Heading preceding s. 36 repealed by No. 9902 s. 2(1)(Sch. item 235). S. 36 amended by No. 7967 s. 2, repealed by No. 8276 s. 70(1). *Passing Valueless Cheques* No. 6337 s. 58.