240
Punishment.
THE HONGKONG GOVERNMENT GAZETTE, 13TH MAY, 1865.
United Kingdom, or any Part thereof, or of any Foreign State, or of this Colony, or in 'any Stock or Fund of any Body Corporate, Company, or Society, for safe Custody or for any special Purpose, without any Authority to sell, negotiate, transfer, or pledge, shall, in violation of good Faith, and contrary to the Object or Purpose for which such Chattel, Security, or Power of Attorney shali have been intrusted to him, sell, negotiate, transfer. pledge, or in any Manner convert to his own Use or Benefit, or the Use or Benefit of any Person other than the Person by whom he shall have been so intrusted, such Chattel or Security, or the Proceeds of the same or any Part thereof, or the Share or Interest in the Stock or Fund to which such Power of Attorney shall relate, or any Part thereof,-- shall be guilty of a Misdemeanor, and being convicted thereof shall be 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 Solitary Not to affect Trus- Confinement; but nothing in this Section contained relating to Agents shall affect any tees or Mortgagees; Trustee 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 any Banker, receiving money due Merchant, Broker, Attorney, or other Agent from receiving any Money which shall be or become 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 done if this Ordinance or disposing of secu- had not been passed; nor for selling, transferring, or otherwise disposing of any Securities or Effects in his Possession upon which he shall have any Lien, Clain, 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;
rities on which they have a Lien.
Bankers, &c., frau- dulently converting. Property to them.
61. Whosoever being a Banker, Merchant, Broker, Attorney, or Agent, and being entrusted 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 inay 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
of
63. Whosoever, being a Factor or Agent intrusted, either solely, or jointly with perty of their Princi- 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 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 of Document of Title, shall be guilty of a Misdemeanor, and being convicted thereof shal! be liable, at the Discretion of the Court, to any of the Punishments which the Court 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 Cases excepted Court, to any of the same Punishments: Provided, that no such Factor or Agent shall not exceed the Amount be liable to any Prosecution for consigning, depositing, transferring, or delivering any of their Lien. such Goods or Documents of Title, in case the same shall not be made a Security for or
Clerks wilfully as- sisting;.
where the Pledge does.
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