LARCENY.

No. 5 of 1865.

107

fraudulently converts to his own use or benefit, or the use or benefit of any other person, the property or any part thereof or any proceeds thereof, shall be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding seven years.

(2) Nothing in this section shall apply to or affect any trustee on any express trust created by a deed or will, or any mortgagee of any property, real or personal, in respect of any act done by the trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage.

[s. 63, rep. No. 7 of 1909, s. 2.]

property

24 & 25 Vict.

64. Every person who, being entrusted, either solely or jointly with 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, shall be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding seven years.

c. 96, s. 77.

65. (1) Every person who, being a factor or agent entrusted, either 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 shall be liable to imprisonment for any term not exceeding seven years.

See No.3 of 1890, Third Schedule.

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