724764-1858-GOVERNMENT-NOTIFICATION-NO-38 — Page 3

APRIL 24, 1858.]

The Hongkong Government Gazette.

2. No Dividend shall be payable:

3. Each Director or Manager of the Company shall for each Day during which the Company is in default incur a Penalty of Five Pounds, and such Penalty may be recovered by any Person, and be applied by him to his own Use :

Nevertheless, such Default shall not render the Company so being in default illegal, nor subject it to any Penalty or Disability other than as specified in this Section.

ANNO VICESIMO & VICESIMO PRIMO VICTORIÆ REGINÆ.

CAP. LIY,

An Act to make better Provision for the Punishment of Frauds committed by Trustees,

Bankers, and other Persons intrusted with Property.

[17th August, 1857.] WHEREAS it is expedient to make better Provision for the Punishment of Frauds committed by Trustees, Bankers, and other Persons intrusted with Property: Be it enacted by the Queen's most Ex- cellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

00

Trustces fraudulent

I. If any Person being a Trustee of any Property for the Benefit, either wholly or partially of some other Person, or for any public or charitable Purpose, shall, with Intent to defraud, convert, or appropriate ly disposing of Proper the same or any Part thereof to or for his own Use or Purposes, or shall, with Intent aforesaid, otherwise ty guilty of a Misde dispose of or destroy such Property or any Part thereof, he shall be guilty of a Misdemeanor.

meanor.

II. If any Person being a Banker, Merchant, Broker, Attorney, or Agent, and being intrusted for Bankers, &c., fraud- safe Custody with the Property of any other Person, shall, with Intent to defraud, sell, negotiate, transfer, ulently selling, &c., pledge, or in any Manner convert or appropriate to or for his own Use such Property or any Part thereof, their Care, guilty of Property intrusted to he shall be guilty of a Misdemeanor.

Misdemeanor.

under

III. If any Person intrusted with any Power of Attorney for the Sale or Transfer of any Property shall fraudulenty sell or transfer or otherwise convert such Property or any Part thereof to his own Use Powers of Attorney or Benefit, he shall be guilty of a Misdemeanor.

Persous

fraudulently selling Property guilty 0

IV. If any Person, being a Bailee of any Property, shall fraudulently take or convert the same to his Misdemeanor. own Use, or the Use of any Person other than the Owner thereof, although he shall not break Bulk er otherwise determine the Bailment, he shall be guilty of Larceny.

V. If any Person, being a Director, Member, or Public Officer of any Body Corporate or Public Company, shall fraudulently take or apply, for his own Use, any of the Money or other Property of such Body Corporate or Public Company, he shall be guilty of a Misdemeanor.

Bailces fraudulently converting Property to their own Use guilty of Larceny.

Directors, &c. of any Body Corporate or

VI. If any Person, being a Director, Public Officer, or Manager of any Body Corporate or Public Public Company fraud- Company, shall as such receive or possess himself of any of the Money or other Property of such Body ulently appropriating Corporate or Public Company otherwise than in Payment of a just Debt or Demand, and shall, with Intent

Property; to defraud, omit to make or to cause or direct to be made a full and true Entry thereof in the Books and lent Accounts;

Or keeping fraudu- Accounts of such Body Corporate or Public Company, he shall be guilty of a Misdemeanor.

Or wilfully destroy-

VII. If any Director, Manager, Public Officer, or Member of any Body Corporate or Public Company shall, with Intent to defraud, destroy, alter, mutilate, or falsify any of the Books, Papers, Writings, or ing Books, &c.; Securities belonging to the Body Corporate or Public Company of which he is a Directer or Manager, Public Officer, or Member, or make or concur in the making of any false Entry, or any material Omission in any Book of Account or other Document, he shall be guilty of a Misdemeanor.

VIII. If any Director, Manager, or Public Officer of any Body Corporate or Public Company shall make, circulate, or publish, or concur in making, circulating, or publishing, any written Statement or Account which he shall know to be false in any material Particular, with Intent to deceive or defraud any Member, Shareholder, or Creditor of such Body Corporate or Public Company, or with Intent to induce any Person to become a Shareholder or Partner therein, or to intrust or advance any Money or Property to such Body Corporate or Public Company, or to enter into any Security for the Benefit thereof,. he shall be guilty of a Misdemeanor.

Or publishing fraud- ulent Statements, guil-

y of Misdemeanor.

Persous receiving Property fraudulently disposed of, knowing

IX. If any Person shall receive any Chattel, Money, or valuable Security which shall have been so fraudulently disposed of as to render the Party disposing thereof guilty of a Misdemeanor under any of the Provisions of this Act, knowing the same to have been so fraudulently disposed of, he shall be guilty of a the same to have been Misdemeanor, and may be indicted and convicted thereof, whether the Party guilty of the principal so, guilty of Misde Misdemeanor shall or shall not have been previously convicted, or shall or shall not be amenable to Justice, meanor.

X. Every Person found guilty of a Misdemeanor under this Act shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years, or to suffer such other Punishment, by Imprisonment for not more than Two Years with or without Hard Labour, or by Fine, as the Court shall award.

Punishment for a Misdemeanor

this Act.

under

XI. Nothing in this Act contained shall enable or entitle any Person to refuse to make a full and

No Person exempt complete Discovery by Answer to any Bill in Equity, or to answer any Question or Interrogatory in any tions in any Court; from answering Ques- Civil Proceeding in any Court of Law or Equity, or in the Courts of Bankruptcy or Insolvency; but no Evidence not admissi Answer to any such Bill, Question, or Interrogatory shall be admissible in Evidence against such Person ble in Prosecutions in any Proceeding under this Act.

under this Act.

Convictions shall not

XII. Nothing in this Act contained, nor any Proceeding, Conviction, or Judgment to be had or No Remedy at Law taken thereon against any Person under this Act, shall prevent, lessen, or impeach any Remedy at Law or in Equity shall be or in Equity which any Party aggrieved by any Offence against this Act might have had if this Act had affected. not been passed; but no Conviction of any such Offender shall be received in Evidence in any Action at Law or Suit in Equity against him; and nothing in this Act contained shall affect or prejudice any be received in Evi- Agreement entered into or Security given by any Trustee, having for its Object the Restoration or Repay. ment of any Trust Property misappropriated.

dence in Civil Suits.

No Prosecution shall

the Sanction of some

XIII. No Proceeding or Prosecution for any Offence included in the First Section, but not included in any other Section of this Act, shall be commenced without the Sanction of Her Majesty's Attorney be commenced without Creneral, or, in case that Office be vacant, of Her Majesty's Solicitor General: Provided that where any Judge or the Attorney Civil Proceeding shall have been taken against any Person to whom the Provisions of the said First Section, but not of any other Section of this Act, may apply, no Person who shall have taken such Civil Proceeding shall commence any Prosecution under this Act without the Sanction of the Court or Judge before whom such Civil Proceeding shall have been had or shall be pending.

General.

XIV. If upon the Trial of any Person under this Act it shall appear that the Offence proved amounts to Larceny, he shall not by reason thereof be entitled to be acquitted of a Misdemeanor under this Act. to XV. In every Prosecution for any Misdemeanor against this Act the Court before which any such to Offence shall be prosecuted or tried may allow the Expenses of the Prosecution in all respects as in Cases of Felony.

If Offence amounts

Larceny, Person not be acquitted of a

Misdemeanor.

Costs of Prosecu

tions.