366
THE HONGKONG GOVERNMENT GAZETTE, 24TM JUNE, 1865.
Punishment.
or anv
or Interest in the Stock or Fund to which such Power of Attorney shall relate, Part thereof,shall be guilty of a Misdemeanor, and being convicted thereof shall liable, at the Discretion of the Court, to be kept in Penal Servitude for any
Term not exceeding Seven Years and not less than Three Years, --or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour and with or without Not to affect Tres-Solitary Confinement; but nothing in this Section contained relating to Agents shall tees or Mortgagees; affect any Trustce in or under any Instrument whatsoever, or any Mortgagee of any Property, in respect of any Act done by such Trustee or Mortgagee in relation to the Property comprised in or affected by any such Trust or Mortgage; nor shall restrain receiving Money due any Banker, Merchant, Broker, Attorney, or other Agent from receiving any Money which shall be or becoine actually due and payable upon or by virtue of any valuable Security, according to the Tenor and Effect thereof, in such Manner as he might have. or disposing of Secu-done if this Ordinance had not been passed; nor for selling, transferring, or otherwise rities on which they disposing of any Securities or Effects in his Possession upon which he shall have any Lien, Claim, or Demand entitling him by Law so to do, unless such Sale, Transfer, or other Disposal shall extend to a greater Number or Part of such Securities or Effects than shall be requisite for satisfying such Lien, Claim, or Demand.
nor Bankers, &c.,
on Securities;
have a Lien,
Bankers, &c., frau-
Property entrusted
to them.
61. Whosoever being a Banker, Merchant, Broker, Attorney, or Agent, and being dulently converting intrusted, either solely, or jointly with any other Person, with the Property of any other Person for safe Custody, shall, with Intent to defraud, sell, negotiate, transfer, pledge, or in any Manner convert or appropriate the same or any Part thereof to or for his own Use or Benefit, or the Use or Benefit of any Person other than the Person by whom he was so intrusted, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to any of the Punishments which the Court may award as hereinbefore last mentioned.
Persons under Pow- ers of Attorney frau-
perty.
62. Whosoever being intrusted, either solely, or jointly with any other Person,. dulently selling Pro- With any Power of Attorney for the Sale or Transfer of any Property, shall fraudulently sell or transfer or otherwise convert the same or any Part thereof to his Own Use or Benefit, or the Use or Benefit of any Person other than the Person by whom he was so intrusted, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to any of the Punishments which the Court may award as hereinbefore last mentioned.
Factors obtaining Advances on the Pro-
pals.
of
63. Whosoever, being a Factor or Agent intrusted, either solely, or jointly with perty of that any other Person, for the Purpose of Sale or otherwise, with the Possession of any Goods, or of any Document of Title to Goods, shall, contrary to or without the Authority of his Principal in that Behalf, for his own Use or Benefit, or the Use or Benefit of any Person other than the Person by whom he was so intrusted, and in Violation of good Faith, make any Consignment, Deposit, Transfer, or Delivery of any Goods or Docu ment of Title so intrusted to him as in this Section before mentioned, as and by way a Pledge, Lien, or Security for any Money or valuable Security borrowed or "received by such Factor or Agent at or before the Time of making such Consignment, Deposit. Transfer, or Delivery, or intended to be thereafter borrowed or received, or shall, con- trary to or without such Authority, for his own Use or Benefit, or the Use or Benefit of any Person other than the Person by whom he was so intrusted, and in Violation of good Faith, accept any Advance of any Money or valuable Security on the Faith of any Contract or Agreement to consign, deposit, transfer, or deliver any such Goods or Document of Title, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to any of the Punishments which the Court Clerks wilfully as- may award as hereinbefore last mentioned; and every Clerk or other Person who shall knowingly and wilfully act and assist in making any such Consignment, Deposit, Transfer, or Delivery, or in accepting or procuring such Advance as aforesaid, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to any of the same Punishments: Provided, that no such Factor or Agent shall where the Pledge does be liable to any Prosecution for consigning, depositing, transferring, or delivering
such Goods or Documents of Title, in case the same shall not be made a Security for subject to the Payinent of any greater Sum of Money than the Amount which at the Time of such Consignment, Deposit, Transfer or Delivery was justly due and owing to such Agent from his Principal, together with the Amount of any Bill of Exchange drawn by or on account of such Principal, and accepted by such Factor or Agent,
sisting,
Cases excepted
not exceed the Amount of their Lien.
Definition of Terms:
"intrusted : "
•
any
64. Any Factor or Agent intrusted as aforesaid, and possessed of any such Docu ment of Title, whether derived immediately from the Owner of such Goods or obtaini by reason of such Factor or Agent having been intrusted with the Possession of Goods, or of any other Document of Titic thereto, shall be deemed to have been intrusts