714917-1865-GOVERNMENT-NOTIFICATION — Page 13

THE HONGKONG GOVERNMENT GAZETTE, 13ти MAY, 1865.

subject to the Payment of any greater Sum of Money than the Amount which at the fine of such Consignment, Deposit, Transfer or Delivery was justly due and owing to sch 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.

241

"Intrusted : "

"pledge:"

"possessed: "

"Advance:**

64. Any Factor or Agent intrusted as aforesaid, and possessed of any such Docu- Definition of Terms: ment of Title, whether derived immediately from the Owner of such Goods or obtained y reason of such Factor or Agent having been intrusted with the Possession of the Goods, or of any other Document of Title thereto, shall be deemed to have been intrusted with the Possession of the Goods represented by such Document of Title; and every Contract pledging or giving a Lien upon such Document of Title as aforesaid shall be deemed to be a Pledge of and Lion upon the Goods to which the same relates; and such Factor or Agent shall be deemed to be possessed of such Goods or Document, whether the same shall be in his actual Custody, or shall be held by any other Person subject to his Control, or for him or on his Behalf; and where any Loan or Advance shall be bona fide made to any Factor or Agent intrusted with and in possession of any such Goods or Document of Title, on the Faith of any Contract or Agreement in Writing to consign, deposit, transfer, or deliver such Goods or Document of Title, and such Goods or Document of Title, shall actually be received by the Person making such Loan or Advance, without Notice that such Factor or Agent was not authorized to make such Pledge or Security, every such Loan or Advance shall be deemed to be a Loan or Advance on the Security of such Goods or Document of Title within the Meaning of the last preceding Section, though such Goods or Document of Title shall not actually be received by the Person making such Loan or Advance till the Period subsequent thereto; and any Contract or Agreement, whether made direct with such "Contract or Agree- Factor or Agent, or with any Clerk or other Person on his Behalf, shall be deemed a Contract or Agreement with such Factor or Agent; and any Payment made, whether by Money or Bill of Exchange or other negotiable Security, shall be deemed to be an Advance within the Meaning of the last preceding Section; and a Factor or Agent in Possession to be Possession as aforesaid of such Goods or Document shall be taken, for the Purposes of Evidence of intrus- the last preceding Section, to have been intrusted therewith by the Owner thereof, unless the contrary be shown in Evidence.

ment."

ting.

perty.

"Advance."

65. Whosoever, being a Trustee of any Property for the Use or Benefit, either Trustees fraudulent- wholly or partially, of some other Person, or for any Public or charitable Purpose, shall, ly disposing of Pro- with Intent to defraud, 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 such Person as aforesaid, or for any Purpose other than such public or charitable Purpose as aforesaid, or otherwise dispose of or destroy such Property or any Part thereof, 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: Provided, that no Proceeding or Prosecution for any Offence included in No Prosecution shall this Section shall be commenced without the Sanction of Her Majesty's Attorney- the sanction of Attor- General: Provided also, that where any Civil Proceeding shall have been taken against ney-General, any Person to whom the Provisions of this Section may apply, no Person who shall have Proviso, &c. taken such Civil Proceeding shall commence any Prosecution under this Section with- out the Sanction of the Court or Judge before whom such Civil Proceeding shall dave been had or shall be pending.

be commenced without

66. Whosoever, being a Director, Member, or Public Officer of any Body Corporate Directors, &c., of or Public Company, shall fraudulently take or apply for his own Use or Benefit, or for any Body Corporate or Public Company any Use or Purposes other than the Use or Purposes of such Body Corporate or Public fraudulently

appro- Company, any of the Property of such Body Coporate or Public Company, shall be printing Property; 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.

Accounts;

67. Whosoever, being a Director, Public Officer, or Manager of any Body Corpo- or keeping fraudulent rate or Public Company, shall as such receive or possess himself of any of the Property of such Body Corporate or Public Company otherwise than in Payment of a just Debt or Demand, and shall, with Intent to defraud, omit to make or to cause or direct to be made a full and true Entry thereof in the Books and Accounts of such Body Corporate or Public Company, 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 inentioned.