108
No. 5 of 1865.
Explanation
- of
of terms as by factors or 225 Vict. c. 96, s. 79.
agents.
LARCENY.
(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 delivering 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 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 bonâ 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 authorised 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 section 65, though such
* See No. 3 of 1890, Third Schedule.
† As amended by Law Rev. Ord., 1923.
{
108
No. 5 of 1865.
Explanation
- of
of terms as by factors or 225 Vict. c. 96, s. 79.
agents.
t
LARCENY.
(2) Every clerk or other person who knowingly and wil- fully acts and assists in making any such consignment, deposit, transfer, or delivery, or in accepting or procuring such advance as aforesail, 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 delivering 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 consign- ment, 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 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.
1
(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 bonâ 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 docu- ment of title are or is actually received by the person making such loan of advance, without notice that such factor or agent was not authorised 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 theaning of section. 65, though such
*
ale
See No. 3 of 1890, Third Schedule.
† As amended by Law Rev. Ord., 1923.
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