or embezzling any goods or valuable security entrusted to them for safe

misdemeanor.

a

respectively, 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 time not exceeding fourteen years, nor less than seven years, or to suffer such other punishment, by fine or imprisonment, or by both, as the court shall award: and if any chattel or valuable security, or any power of attorney, for the sale or transfer of any share or interest, in any public custody, or for stock or fund, whether of this kingdom or of Great Britain or any special pur- of Ireland, or of any foreign state, or in any fund of any pose, guilty of body corporate, company, or society, shall be entrusted to any banker, merchant, broker, attorney or other agent, for safe custody, or for any special purpose, without any authority to sell, negociate, transfer, or pledge, and he 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 entrusted to him, sell, negociate, transfer, pledge, 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.

Punishment.

Not to affect

gagees;

nor bankers, &c. receiving money

due on securities,

L. Provided always, and be it enacted, That nothing trustees or mort- herein-before 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.

or disposing of securities on which they have a lien.

Factors pledging for their own use any goods

or documents relating to goods entrusted to them for the

purpose of sale, guilty of a mis

demeanor.

LI. And be it enacted, That if any factor or agent entrusted, for the purpose of sale, with any goods or merchandise, or entrusted with any bill of lading, warehouse keeper's or wharfinger's certificate, or warrant or order for delivery of goods or merchandise, shall, for his own benefit and in violation of good faith, deposit or pledge any such goods or merchandise, or any of the said documents, as a security for

any money or negotiable 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 received, 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 by both, as the court shall award; but no such factor Not to extend or agent shall be liable to any prosecution for depositing or to cases where pledging any such goods or merchandise, or any of the said the pledge does documents, in case the same shall not be made a security for not exceed the 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.

amount of their

lien.

LII. Provided always, and be it enacted, That nothing in These provithis act contained, nor any proceeding, conviction, or judg- sions as to agents ment, is to be had or taken thereupon, against any banker, shall not lessen mercbant, broker, factor, attorney, or other agent, as afore- which the party any remedy said, shall prevent, lessen, or impeach any remedy at law or aggrieved now in equity which any party aggrieved by any such offence has. might or would have had if this act had not been passed; but nevertheless the conviction of any such offender shall not be received in evidence in any action at law or suit in equity against him; and no banker, merchant, broker, factor, attorney or other agent as aforesaid, shall be liable to be convicted by any evidence whatever as an offender against this act in respect of any act done by him, if he shall at any time previously to his being indicted for such offence have disclosed such act, on oath, in consequence of any compulsory process of any court of law or equity in any action suit or proceeding which shall have been bona fide instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition before any commissioners of bankrupt.

Obtaining

money, &c. by false pretences, a misdemeanor.

LIII. And whereas a failure of justice frequently arises from the subtle distinction between larceny and fraud; for remedy thereof be it enacted, That if any person shall by any false pretence obtain from any other person any chattel, money, or valuable security, 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 No acquittal on shall award: Provided always, That if upon the trial of any the ground that

the case proved

amounts to

larceny.

Where the ori

ginal offence is felony, the receivers of stolen property may be tried either as accessaries

after the fact, or for a substantive felony.

Punishment.

Where the original offence is a misdemeanor receivers may be prosecuted for a misdemeanor.

Punishment.

All receivers may be tried

where the principal is triable,

or where the property is

found in their

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.

LIV. And, with regard to receivers of stolen property, be it enacted, That if any person shall receive any chattel, money, valuable security, 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 howsoever 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, howsoever tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence.

LV. And be it enacted, That if any person shall receive any chattel, money, valuable security 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.

LVI. And be it enacted, That if any person shall receive any chattel, money, valuable security, or other property whatsoever, knowing the same to have been feloniously or unlawfully stolen, taken, obtained or converted, every such person whether charged as an accessary after the fact to the felony or with a substantive felony or with a misdemeanor only, may

be dealt with, indicted, tried, and punished in any county or place possession, as in which he shall have or shall have had any such property in his well as where the receiving possession, or in any county or place in which the party guilty of takes place. the principal felony or misdemeanor may by law be tried, in the same manner as such receiver may be dealt with, indicted, tried, and punished in the county or place where he actually received such property.

thief or receiver

LVII. And to encourage the prosecution of offenders, be The owner of it enacted, That if any person, guilty of any such felony or stolen property misdemeanor as aforesaid, in stealing, taking, obtaining or prosecuting converting, or in knowingly receiving any chattel, money, to conviction valuable security, or other property whatsoever, shall be in- shall have restidicted for any such offence, by or on the behalf of the owner of tution of his the property, or his executor or administrator, and con- property. victed thereof, in such case the property shall be restored to the owner or his representative: and the court, before whom any such person shall be so convicted, shall have power to award from time to time writs of restitution for the said property, or to order the restitution thereof in a summary manner: Provided always, That if it shall appear before any Exception. award or order made that any valuable security shall have been bona fide paid or discharged by some person or body corporate liable to the payment thereof, or being a negotiable instrument shall have been bona fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, or converted as aforesaid, in such case the court shall not award or order the restitution of such security.

Taking a reward for helping to the recovery of stolen property without bring

LVIII. And be it enacted, That every person who shall corruptly take any money or reward, directly or indirectly, under pretence or upon account of helping any person to any chattel, money, valuable security, or other property whatsoever, which shall by any felony or misdemeanor have been ing the offender stolen, taken, obtained, or converted as aforesaid, shall to trial. (unless he cause the offender to be apprehended and brought to trial for the same) be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned 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.

LIX. And be it enacted, That if any person shall publicly Advertising a advertise a reward for the return of any property whatso- reward for the ever, which shall have been stolen or lost, and shall in such return of stolen property, &c. advertisement use any words purporting that no questions will be asked, or shall make use of any words in any public advertisement purporting that a reward will be given or paid

Penalty 501.

Receivers of property, where the original of

fence is punish

able on summary conviction.

Principals in the second degree and acces

saries.

demeanors.

for any property which shall have been stolen or lost, without seizing or making any enquiry after the person producing such property, or shall promise or offer in any such public advertisement to return to any pawnbroker or other person who may have bought or advanced money by way of loan upon any property stolen or lost, the money so paid or advanced, or any other sum of money or reward for the return of such property, or if any person shall print or publish any such advertisement, in any of the above cases, every such person shall forfeit the sum of fifty pounds for such every offence, to any person who will sue for the same by action of debt, to be recovered with full costs of suit.

LX. And be it enacted, That 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 same 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.

LXI. And be it enacted, That in the case of every felony punishable under this act, every principal in the second degree, and every accessary before the fact, shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony punishable under this act (except only a receiver of stolen property) shall on conviction be liable to be Abettors in mis- imprisoned for any term not exceeding two years; and every person, who shall aid, abet, counsel, or procure the commission of any misdemeanor punishable under this act, shall be liable to be indicted and punished as a principal offender. LXII. And be it enacted, That if any person shall aid, abet, counsel, or procure the commission of any offence which is by this act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, every such person shall on conviction before a justice of the peace, be liable for every first, second, or subsequent offence, of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence as a principal offender, is by this act made liable.

Abettors in of

fences punish

able on summary conviction.

Punishment.

A person in the act of commit

ting any offence may be app:e

hended without a warrant.

LXIII. And for the more effectual apprehension and discovery of all offenders punishable under this act, be it enacted, That any person found committing any offence punishable, either upon indictment or upon summary conviction, by virtue of this act, except only the offence of angling in the day-time, may be immediately apprehended without a war