"Gold and Silver Wares," 7 & 8 Vict. c. 22, s. 2. Dies of Goldsmiths' Company. "Intoxicating Liquors," 32 & 33 Vict. c. 27, s. 11. of Certificate, post. "National Debt," 2 & 3 Will. 4, c. 59, s. 19. Forgery of Forgery "Official Documents," 8 & 9 Vict. c. 113, s. 4; 11 & 12 Vict. c. 78, s. 6. Forgery of Seal, &c. "Post Office," 7 Will. 4 & 1 Vict. c. 36, s. 33; 3 & 4 Vict. c. 96, s. 22, post. "Probate and Divorce," 21 & 22 s. 22. Forgery of Seal, &c. "Quarantine," 6 Geo. 4, c. 78, s. 25. Vict. c. 95, s. 33; c. 108, Forgery of Certificates. Trading Companies," 30 & 31 Vict. c. 131, s. 34. Forgery of Shares, &c. See "COMPANIES," ante. 66 Workshop Regulation," 30 & 31 Vict. c. 146, s. 17. See "FACTORIES," ante. Frauds by Agents, Bankers, &c. 3 & 4 VICT. C. 111; 24 & 25 VICT. c. 96, ss. 75-87 (Larceny Act); 30 VICT. c. 29. See also 32 & 33 VICT. c. 62, ss. 11, "BANKRUPTCY," ante, p. 79; 29 & 30 VICT. c. 108, ss. 15-17, "RAILWAYS," post; 26 & 27 Vict. c. 87, s. 9,"SAVINGS BANKS," post. 1. [Reciting 1 & 2 Vict. c. 96.] 3 & 4 Vict. c. 111. 2. If any person or persons, being a member or members of any Bankers embanking copartnership within the meaning of the said Act, or of bezzling notes, &c. any other banking copartnership consisting of more than 6 persons, formed under or in pursuance of [3 & 4 Will. 4, c. 98,] shall steal or embezzle any money, goods, effects, bills, notes, securities, or other property of or belonging to any such copartnership, or shall commit any fraud, forgery, crime, or offence against or with intent to injure or defraud any such copartnership, such member or members shall be liable to indictment . . . . or other proceeding in the name of any of the officers for the time being of any such copartnership, in whose name any action or suit might be lawfully brought against any member or members of any such copartnership for every such fraud, forgery, crime, or offence, and may thereupon be lawfully convicted, as if such person or persons had not been or was or were not a member or members of such copartnership; any law, usage, or custom to the contrary notwithstanding. [Made perpetual by 5 & 6 Vict. c. 85 (x).] (x) See 24 & 25 Vict. c. 96, ss. 76, 77, 80-84, infra. U Agent, banker, &c., embezzling securities, &c., intrusted to him; 24 & 25 VICT. c. 96. 75. Whosoever, having been intrusted, either solely, or money or selling jointly with any other person, as a banker, merchant, broker, attorney, or other agent, with any money or security for the payment of money, with any direction in writing to apply, pay, or deliver such money or security or any part thereof respectively, or the proceeds or any part of the proceeds of such security, for any purpose, or to any person specified in such direction, shall, in violation of good faith, and contrary to the terms of such direction, in anywise convert to his own use or benefit, or the use or benefit of any person other than the person by whom he shall have been so intrusted, such money, security, or proceeds, or any part thereof respectively; or goods, &c., intrusted to him And whosoever, having been intrusted, either solely, or for safe custody. jointly with any other person, as a banker, merchant, broker, attorney, or other agent, with any chattel or valuable security, or any power of attorney for the sale or transfer of any share or interest in any public stock or fund, whether of the United Kingdom, or any part thereof, or of any foreign state, or in any stock or fund of any body corporate, company, or society, for safe custody or for any special purpose, without any authority to sell, negotiate, transfer, or pledge, shall, in violation of good faith, and contrary to the object or purpose for which such chattel, security, or power of attorney shall have been intrusted to him, sell, negotiate, transfer, pledge, or in any manner convert to his own use or benefit, or the use or benefit of any person other than the person by whom he shall have been so intrusted, such chattel or security, or the proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of attorney shall relate, or any part thereof, shall be guilty of a Misdemeanor (y). Exceptions. Bankers, &c. fraudulently selling, &c. [Nothing in this section relating to agents shall affect any trustee under any instrument, or any mortgagee of property, real or personal, in respect of any act in relation to the property affected by any such trust or mortgage; nor restrain any banker, merchant, broker, attorney, or other agent from receiving money due and payable upon any valuable security in such manner as he might have done if this Act had not been passed; nor from disposing of securities or effects upon which he shall have any lien, claim, or demand entitling him by law so to do, unless it shall extend to more than requisite for Satisfying such lien, claim, or demand.] 76. Whosoever, being a banker, merchant, broker, attorney, or agent, and being intrusted, either solely, or jointly with any (y) Triable at Assizes (s. 87). Bail Discretionary. Costs allowed (s. 121). c. 96. property in other person, with the property of any other person for safe 24 & 25 Vict. custody, shall, with intent to defraud, sell, negotiate, transfer, pledge, or in any manner convert or appropriate the same or any part thereof to or for his own use or benefit, or the use or trusted to their benefit of any person other than the person by whom he was so intrusted, shall be guilty of a Misdemeanor (z). care. powers of attorney fraudu property. 77. Whosoever, being intrusted, either solely, or jointly with Persons under any other person, with any power of attorney for the sale or transfer of any property, shall fraudulently sell or transfer lently selling or otherwise convert the same or any part thereof to his own use or benefit, or the use or benefit of any person other than the person by whom he was so intrusted, shall be guilty of a Misdemeanor (z). advances on the property of their 78. Whosoever, being a factor or agent intrusted, either solely, Factors obtaining or jointly with any other person, for the purpose of sale or otherwise, with the possession of any goods, or of any document principals. of title to goods, shall, contrary to or without the authority of his principal in that behalf, for his own use or benefit, or the use or benefit of any person other than the person by whom he was so intrusted, and in violation of good faith, make any consignment, deposit, transfer, or delivery of any goods or document of title so intrusted 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 shall, contrary to or without such authority, for his own use or benefit, or the use or benefit of any person other than the person by whom he was so intrusted, and in violation of good faith, accept 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 (z). And every clerk or other person who shall knowingly, and Clerks wilfully wilfully act and assist in making any such consignment, de- assisting. posit, transfer or delivery, or in accepting or procuring such advance as aforesaid, shall be guilty of a Misdemeanor (z). [No such factor or agent shall be liable to prosecution for con- Exception. signing or delivering goods or documents of title, not made security for a greater sum than at the time was justly due from his principal, together with the amount of any bill drawn by or on account of such principal, and accepted by such factor or agent.] 79. Any factor or agent intrusted as aforesaid, and possessed Definitions: of any such document of title, whether derived immediately (z) Triable at Assizes (s. 87). Bail Discretionary. Costs allowed (s. 121). "intrusted:" c. 96. "pledge:" possessed:" "advance:" sic in orig. 24 & 25 Vict. from the owner of such goods or obtained by 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 lien 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 documents 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 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 Possession to be within the meaning of the last preceding section; and a factor or agent in possession as aforesaid of such goods or document shall be taken, for the purposes of the last preceding section, to have been intrusted therewith by the owner thereof, unless the contrary be shown in evidence. "contract or agreement:" "advance." evidence of intrusting. Trustees fraudulently disposing of property. Proviso. 80. Whosoever, being a trustee of any property for the use or benefit, either wholly or partially, of some other person, or for any public or charitable purpose, shall, 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 (a). [No prosecution under this section shall be commenced without the sanction of the Attorney or Solicitor General; and no (a) Triable at Assizes (s. 87). Bail Discretionary. Costs allowed (s. 121). c. 96. person having taken any civil proceeding shall commence any 24 & 25 Vict. prosecution under this section without the sanction of the Court or judge.] appropriating 81. Whosoever, being a director, member, or public officer of Directors, &c. any body corporate or public company, shall fraudulently take fraudulently or apply for his own use or benefit, or for any use or purposes property other than the use or purposes of such body corporate or public company, any of the property of such body corporate or public company, shall be guilty of a Misdemeanor (b). fraudulent 82. Whosoever, being a director, public officer, or manager or keeping of any body corporate 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 (b). books, &c.; 83. Whosoever, being a director, manager, public officer, or or wilfully member of any body corporate or public company, shall, with destroying intent to defraud, destroy, alter, mutilate, or falsify any book, paper, writing, or valuable security belonging to the body corporate or public company, or make or concur in the making of any false entry, or omit or concur in omitting any material particular, in any book of account or other document, shall be guilty of a Misdemeanor (b). fraudulent 84. Whosoever, being a director, manager, or public officer or publishing of any body corporate or public company, shall make, circulate, statements. 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 property to such body corporate or public company, or to enter into any security for the benefit thereof, shall be guilty of a Misdemeanor (b). bill. 85. [Nothing in these ten sections shall entitle any person to Disclosure by refuse to make discovery by bill in equity or to answer any question in any civil court, and no person shall be liable to be convicted of any such Misdemeanors by evidence disclosed by compulsory process.] 86. [No remedy at law or in equity shall be affected, nor Other remedies shall anything in the said sections affect or prejudice any agree- not affected. ment or security by any trustee for the restoration of any trust property misappropriated.] (4) Triable at Assizes (s. 87). Bail Discretionary. Costs allowed (s. 121). |