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“ been intrusted to him, sell, negotiate, transfer, pledge, s or in any manner convert to his own use or benefit 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,” every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to any of the punishments which the court may award as hereinbefore last mentioned.
Provided always and be it enacted, that nothing hereinbefore contained relating to agents shall affect any trustee in or under any instrument whatever, or any mortgagee of any property, real or personal, in respect of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage, nor shall restrain any banker, merchant, broker, attorney or other agent, from receiving any money which shall be or become actually due and payable upon or by virtue of any valuable security, according to the tenor and effect thereof, in such manner as he might have done if this act had not been passed; nor from selling, transferring or otherwise disposing of any securities or effects in his possession upon which he shall have any lien, claim, or demand entitling him by law so to do, unless such sale, transfer or other disposal shall extend to a greater number or part of such securities or effects than shall be requisite for satisfying such lien, claim or demand.
By sect. 51 of the same act, “if any factor or agent “ intrusted for the purpose of sale with any goods or mer“ chandize, or intrusted with any bill of lading, ware“ house-keeper's or wharfinger's certificate, or warrant or “ order for delivery of goods or merchandize, shall, for his “ own benefit and in violation of good faith, deposit or “ pledge any such goods or merchandize, or any of the “ said documents, as a security for any money or nego“ ciable instrument borrowed or received by such factor “ or agent at or before the time of making such deposit or “ pledge, or intended to be thereafter borrowed or re
“ ceived,” every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to suffer such other punishment, by fine or imprisonment, or both, as the court shall award. But no such factor or agent shall be liable to any prosecution for depositing or pledging any such goods or merchandize, or any of the said documents, in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which, at the time of such deposit or pledge, was justly due and owing to such factor or agent from his principal, together with the amount of any bill or bills of exchange drawn by or on account of such principal, and accepted by such factor or agent.
Then follows a proviso that nothing in the act contained shall lessen any remedy which the party aggrieved before had, and also that the conviction of the offender shall be no evidence against him in any action at law or suit in equity, and that no banker, &c. shall be convicted on evidence of any act disclosed by himself on oath under compulsory process at law or equity, or before commissioners of bankrupt.
The provisions of sect. 4, as to the place and mode of imprisonment (vide sup. 168), apply to these offences.
36. Obtaining Money by False Pretences. By 7 & 8 Geo. IV. c. 29, s. 53, “if any person shall, “ by any false pretence, obtain from any other person any “ chattel, money, or valuable security” (see " valuable “ security" defined, sup. p. 168,) “ with intent to cheat or “ defraud any person of the same,” every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the court shall award: Provided always, that if upon the trial of any person indicted for such misdemeanor, it shall be proved that he obtained the property in question in any such manner as to amount in law to larceny, he shall not by reason thereof be entitled to be acquitted of such misdemeanor, and no such indictment shall be removable by certiorari, and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for larceny upon the same facts.
The provisions of sect. 4, as to the place and mode of imprisonment (v. sup. p. 168) apply to this offence.
37. Receiving Stolen Property, knowing the same
to have been Stolen. This was a misdemeanor at common law, and afterwards by statute the receiver was made accessary to the theft, 4 Bl. C. 132.
By 7 & 8 Geo. IV. c. 29, s. 54, “ if any person shall “ receive any chattel, money, valuable security” (see " valu“able, security" defined, sup. p. 168,)“ or other property “ whatsoever, the stealing or taking whereof shall amount “ to a felony either at common law or by virtue of this act, “ such person knowing the same to have been feloniously “ stolen or taken,” every such receiver shall be guilty of felony, and may be indicted and convicted either as an accessary after the fact, or for a substantive felony; and in the latter case, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice. And every such receiver, however convicted, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to be imprisoned for any term not exceeding three years; and if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment. Provided always that no person however tried for receiving as aforesaid shall be liable to be prosecuted a second time for the same offence.
By sect. 55 of the act, “ if any person shall receive any “ chattel, money, valuable security, (see " valuable secu“rity" defined, sup. p. 168,) or other property whatsoever, “ the stealing, taking, obtaining or converting whereof is “ made an indictable misdemeanor by this act, such person “knowing the same to have been unlawfully stolen, taken, “ obtained, or converted,” every such receiver shall be guilty of a misdemeanor, and may be indicted and convicted thereof, whether the person guilty of the principal misdemeanor shall or shall not have been previously convicted thereof, or shall or shall not be amenable to justice. And every such receiver shall on conviction be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit,) in addition to such imprisonment.
By section 60 of the act, “ where the stealing or taking “ of any property whatsoever is by this act punishable on “ summary conviction, either for every offence, or for the “ first and second offence only, or for the first offence only, “ any person who shall receive any such property, knowing “ the same to be unlawfully come by," shall, on conviction thereof before a justice of the peace, be liable for every first, second, or subsequent offence of receiving, to the forfeiture and punishment to which a person guilty of a first, second, or subsequent offence of stealing or taking such property, is by this act made liable.
The provisions of sect. 61, as to accessaries before and after the fact, and s. 4, as to the place and mode of imprisonment, (v. sup. 168), apply to such of these offences as amount to felony, and s. 4. to such of them as amount to misdemeanor.
By 2 Geo. III. c. 28, s. 12, buying or receiving goods belonging to a ship or vessel on the river Thames, knowing the same to be stolen or unlawfully come by, is punishable with transportation for fourteen years.
By 1 & 2 Geo. IV. c. 75, s. 1, pilots and others are to deposit anchors, cables, and other ship's materials found by
them, in places appointed by the act. And concealing such articles forfeits all claim to salvage, and renders the offenders liable as receivers of stolen goods.
By sect. 12, persons fraudulently purchasing or receiving such anchors, shall be considered as receivers of stolen goods.
By sect. 15, pilots and others conveying such anchors, &c. to foreign parts, and there selling them, shall be guilty of felony, and punishable with seven years' transportation.
38. Destroying Silk, &c. in the Loom, or Machinery be
longing thereto. By 7 & 8 Geo. IV. c. 30, s. 3, “ if any person shall “ unlawfully and maliciously cut, break, or destroy, or “ damage with intent to destroy, or to render useless, any “ goods or article of silk, woollen, linen or cotton," &c. “ being in the loom or frame,” &c., " or in any stage of “ manufacture," " or shall unlawfully and maliciously cut, “ break, or destroy, or damage with intent to destroy, or “ to render useless, any warp or shute of silk, woollen, “ linen or cotton, &c. or any loom, frame, &c.” employed in such manufactures or “ shall by force enter into any house," &c. “ with intent to commit any of the offences aforesaid,” he shall be guilty of felony, and liable to transportation for life, or any term not less than seven years, or imprisonment for any term not exceeding four years; and if a male, to be once, twice, or thrice publicly or privately whipped if the court shall so think fit, in addition to such imprisonment.
By sect. 25, every punishment and forfeiture by this act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed, or otherwise.
By sect. 26, accessaries before the fact are punishable as principals, and accessaries after the fact, with imprisonment not exceeding two years.