1912_LARCENY_ORDINANCE__1865 — Page 20

108

No. 5 of 1865.

LARCENY.

Explanation of terins as to offences by factors or agents.

or otherwise, with the possession of any goods or of any document of title to goods, contrary to or without the authority of his prin- cipal 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 imprison- ment for any term not exceeding 7 years.

(2) Every clerk or other person who knowingly and wilfully acts and assists 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 shall be liable to the same punishment: Provided that no such factor or agent shall be liable to any prosecution for consigning, depositing, transferring, or deliver- ing any such goods or document of title, in case the same is not made a security for or subject to the payment of any greater sum of money than the amount which, at the time of such consignment, deposit, transfer, or delivery, was justly due and owing to such 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.

66-(1) Any factor or agent entrusted as aforesaid and possessed of any such document of title, whether derived immediately from the owner of such goods or obtained by reason of such factor or [24 & 25 Vict. agent having been entrusted with the possession of the goods or of c. 96. s. 79.]

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.

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(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.

* As amended by No. 50 of 1911.

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