208
of terms as to offences by factors or agents.
24 & 25 Vict. c. 96 s. 79.
Fraudulent property by trustee thereof. Ib. s. 80.
No. 5.] THE ORDINANCES OF HONGKONG: [A.D. 1865.
any such document of title, whether derived immediately from the owner of such goods or obtained by reason of such factor or agent having been entrusted with the possession of the goods or of any other document of title thereto, shall be deemed to have been entrusted with the possession of the goods represented by such document of title.
(2.) Every contract pledging or giving a lien upon such document of title as aforesaid shall be deemed to be a pledge of and lien upon the goods to which the same relates.
(3.) Such factor or agent shall be deemed to be possessed of such goods or document, whether the same are or is in his actual custody or are or is held by any other person subject to his control or for him or on his behalf.
(4.) Where any loan or advance is bona fide made to any factor or agent entrusted 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 are or is actually 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 are or is not actually received by the person making such loan or advance till the period subsequent thereto.
(5.) Any contract or agreement, whether made direct with such factor or agent or with any clerk or other person on his behalf, shall be deemed to be a contract or agreement with such factor or agent.
(6.) 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.
(7.) A factor or agent in possession as aforesaid of such goods or document of title shall be taken, for the purposes of the last preceding section, to have been entrusted therewith by the owner thereof, unless the contrary is shown in evidence.
67. Every person who, being a trustee of any property for the use or disposition of benefit, either wholly or partially, of some other person or for any public or charitable purpose, with intent to defraud, converts or appropriates the same or any part thereof to or for his own use or benefit, or to or for 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 disposes of or destroys such property or any part thereof, shall be guilty of a misdemeanor, and, being convicted of the punishment mentioned included in Her Majesty's proceeding this section commence the Court or is pending.
68. Every any body corporate his own use purposes of of such body corporate meanor, and the Court, hereinbefore.
69. Every any body corporate himself of otherwise & defraud, om entry thereon company, shall shall be liable which the Court.
70. Every member of defraud, des ing, or valu company, or or concurs in or other document thereof, shall punishments.
71. Every any body corporate or concurs in or account with intent to defraud body corporate.
208
of terms as to offences by factors or agents.
24 & 25 1ict.
c. 96 s. 79.
Fraudulent
property by
trustee thereof. Ib. s. 80.
No. 5.] THE ORDINANCES OF HONGKONG: [A.D. 1865.
any such document of title, whether derived immediately from the owner of such goods or obtained by reason of such factor or agent having been entrusted with the possession of the goods or of any other document of title thereto, shall be deemed to have been entrusted with the possession of the goods represented by such document of title.
(2.) Every contract pledging or giving a lien upon such document of title as aforesaid shall be deemed to be a pledge of and lien upon the goods to which the same relates.
(3.) Such factor or agent shall be deemed to be possessed of such goods or document, whether the same are or is in his actual custody or are or is held by any other person subject to his control or for him or on his behalf.
(4.) Where any loan or advance is bona fide made to any factor or agent entrusted 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 are or is actually 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 are or is not actually received by the person making such loan or advance till the period subsequent thereto.
(5.) Any contract or agreement, whether made direct with such factor or agent or with any clerk or other person on his behalf, shall be deemed to be a contract or agreement with such factor or agent.
or
(6.) 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.
(7.) A factor or agent in possession as aforesaid of such goods or document of title shall be taken, for the purposes of the last preceding section, to have been entrusted therewith by the owner thereof, unless the contrary is shown in evidence.
67. Every person who, being a trustee of any property for the use or disposition of benefit, either wholly or partially, of some other person or for any public or charitable purpose, with intent to defraud, converts or appro- priates the same or any part thereof to or for his own use or benefit, or to or for 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 disposes of or destroys such property or any part thereof, shall be guilty of a misdemeanor, and, being
A.D. 186
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