A.D. 1865.
society, for authority to act in faith and
deal, security, &c., negotiates.
• for own use or
other than the
deal or security thereof, or the which power of
off, shall be hard labour
three years or
with or without.
whatsoever, or act done by any comprised
other agent specially due and
according to might have selling, trans-
effects in his , or demand is fer, or other such securities en, claim, or
`, attorney, or any other per- ; with intent nner converts
to his own use or
than the person meanor, and, the Court, to einbefore last
LARCENY.
.207
conversion of trusted to
property en-
A.D. 1865.]
[No. 5.
64. Every person who, being entrusted, either solely or jointly with Fraudulent any other person, with any power of attorney for the sale or transfer of any property, fraudulently sells or transfers or otherwise converts the same or any part thereof to his own use or benefit, or to the use or benefit of any person other than the person by whom he has been so entrusted, 24 & 25 Vict. 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.
person for
sale.
c. 90 s. 77.
pledging by goods entrust- 7. s. 78.
factor of
ed to him.
65.--(1.) Every person who, being a factor or agent entrusted, either Fraudulent solely or jointly with any other person, for the purpose of sale or otherwise, with the possession of any goods or of any document of title to goods, contrary to or without the authority of his principal in that behalf, for his own use or benefit or for the use or benefit of any person other than the person by whom he has been so entrusted, and in violation of good faith,----
(a.) makes any consignment, deposit, transfer, or delivery of any goods or document of title so entrusted to him as in this section before mentioned, as and by way of 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
(b.) accepts 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 may award as hereinbefore last mentioned.
(2.) Every clerk or other person who knowingly and wilfully acts and assists 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 be liable to any prosecution for consigning, depositing, transferring, or delivering any such goods or document of title, in case the same is not made a security for or subject to the payment 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.
66. --(1.) Any factor or agent entrusted as aforesaid and possessed of Explanation