actually 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 are not actually received by the person making such loan or advance till a period subsequent thereto; and any contract or agreement whether made "Contract or direct with such factor or agent, or with any clerk or other person agreement." 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 evidence of

be an advance within the meaning of the last preceding section; “Advance." and a factor or agent in possession, as aforesaid, of such goods or Possession to document, shall be taken for the purpose of the last preceding sec- intrusting. tion, to have been intrusted therewith by the owner thereof, unless the contrary be shown in evidence.

misdemeanor.

81. Whosoever, being a trustee of any property for the use or Trustees benefit, either wholly or partially, of some other person, or for fraudulently disposing of any public or charitable purpose, with intent to defraud, converts property or appropriates the same or any part thereof to or for his own use guilty of a 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 disposes of or destroys such property or any part thereof, is guilty of a misdemeanor, and shall be liable to any of the punishments which the Court may award as herein before last mentioned; Provided that no proceeding No prosecuor prosecution for any offence included in this section shall be tion shall be commenced without the sanction of the Attorney General, or Soli- without the citor General for that Province in which the same is to be insti- sanction of tuted; Provided also, that when any civil proceeding has been some judge or taken against any person to whom the provisions of this section General. may apply, no person who has taken such civil proceeding shall commence any prosecution under this section without the sanction of the Court or Judge before whom such civil proceeding has been had or is pending.

commenced

the Attorney

corporate or

82. Whosoever, being a director, member, manager or public Directors, &c., officer of any body corporate or public company, fraudulently of any body takes or applies for his own use or benefit, or for any use or public compurposes other than the use or purposes of such body corporate or pany fraudupublic company, any of the property of such body corporate or priating propublic company, is guilty of a misdemeanor, and shall be liable perty. to any of the punishments which the Court may award as hereinbefore last mentioned.

lently appro

false accounts,

83. Whosoever being a director, member, manager or public or fraudulentofficer of any body corporate or public company, as such receives ly keeping or possesses himself of any of the property of such body corporate or books. or public company, otherwise than in payment of a just debt or deraand, and with, intent to defraud, omits to make, or to cause

or

Or wilfully

destroying or falsifying books or papers, &c.

Or fraudulent

false state

ments or accounts.

or direct to be made, a full and true entry thereof in the books and accounts of such body corporate or public company, is guilty of a misdemeanor, and shall be liable to any of the punishments which the Court may award as herein before last mentioned.

84. Whosoever, being a director, manager, public officer or member of any body corporate or public company, with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing or valuable security belonging to the body corporate or public company, or makes or concurs in the making of any false entry, or omits, or concurs in omitting any material particular in any book of account or document, is guilty of a misdemeanor, and shall be liable to any of the punishments which the Court may award as hereinbefore last mentioned.

85. Whosoever, being a director, manager, or public officer or ly publishing member of any body corporate or public company, makes, circulates or publishes, or concurs in making, circulating or publishing any written statement or account which he knows to be false in any material particular, with intent to deceive or defraud any member, shareholder, or creditor of such 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, is guilty of a misdemeanor, and shall be liable to any of the punishments which the Court may award as herein before last mentioned.

No person to be exempt from answer

86. Nothing in any of the last ten preceding sections of this Act contained shall enable or entitle any person to refuse to make a ing questions full and complete discovery by answer to any bill in equity, or in any court; to answer any question or interrogatory in any civil proceeding in making a dis- any Court, or upon the hearing of any matter in bankruptcy or closure in any insolvency; and no person shall be liable to be convicted of

but no person

compulsory proceeding to be liable to prosecution.

No remedy at law or in equity to be affected.

any of the misdemeanors in the said sections mentioned by any evidence whatever, in respect of any act done by him, if, at any time previously to his being charged with such offence, he has first disclosed such act on oath, in consequence of any compulsory process of any Court of law or equity, in any action, suit or proceeding, bona fide instituted by any party aggrieved, or if he has first disclosed the same in any compulsory examination or deposition before any Court, upon the hearing of any matter in bankruptcy or insolvency.

87. Nothing in the last eleven preceding sections of this Act contained, nor any proceeding, conviction or judgment to be had or taken thereon against any person under any of the said sections shall prevent, lessen, or impeach any remedy at law or in equity, which any party aggrieved by any offence against any of the said sections might have had if this Act had not been passed; but no conviction of any such offender shall be received in evidence in any action at law or suit in equity against him; and nothing in

the

the said sections contained shall affect or prejudice any agree- Convictions ment entered into, or security given by any trustee, having for not to be its object the restoration or repayment of any trust property evidence in misappropriated.

received in

civil suits.

88. If the keeper of any warehouse, or any forwarder, common Keepers of carrier, agent, clerk, or other person employed in or about warehouses, any &o., giving warehouse, or if any other factor or agent, or any clerk or other false receipts. person employed in or about the business of such factor or agent, knowingly and wilfully gives to any person a writing purporting to be a receipt for, or an acknowledgment of any goods or other property as having been received in his warehouse, or in the warehouse in or about which he is employed, or in any other manner received by him or by the person in or about whose business he is employed, before the goods or other property named in such receipt or acknowledgment have been actually delivered to him as aforesaid, with intent to mislead, deceive, injure or defraud any person or persons whomsoever, although such person or persons may be then unknown,- or if any person knowingly and wilfully accepts or transmits or uses any such false receipt or acknow- Persons knowledgment, the person giving and the person accepting, transmitting false receipts. or using such receipt or acknowledgment, are severally guilty of a misdemeanor, and shall be liable to be imprisoned in the Penitentiary for any term not exceeding three years, and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years but not less than one year.

ingly using

after advance

89. If any merchandise has, in the name of the owner or of Owners selling any other person, been shipped or delivered to the keeper of any by consignees. warehouse or to any other factor, agent or carrier, to be shipped or carried, and the consignee afterwards advances any moneys or gives any negotiable security to such owner or other person, then, if after any such advance the said owner or other person for his own benefit and in violation of good faith, and without the consent of such consignee first had and obtained, makes any disposition of such merchandise different from and inconsistent with the agreement made in that behalf between such owner or other person aforesaid and such consignee at the time of or before such money being so advanced or such negotiable security being so given, with the intent to deceive, defraud or injure such consignee, the owner or other person aforesaid, and each and every other person knowingly and wilfully acting and assisting in making such disposition for the purpose of deceiving, defrauding or injuring such consignee, is or are guilty of a misdemeanor, and shall be liable to be imprisoned in the Penitentiary for any term not exceeding three years, and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years but not less than one year; but no person shall be subject to prosecution Proviso: if under this section, who had, before making a disposition of the advances be merchandise aforesaid, paid or tendered to the consignee the full paid. amount of any advance made thereon.

consignee's

Millers, fac

90. Any miller, warehouseman, factor, agent, or other person, tors, &c., who, after having given, or after any clerk or person in his employ giving receipts for goods, and has to his knowledge given, as having been received by him, in not delivering any mill, warehouse, vessel, cove, or other place, any receipt, cer

the some

accordingly.

Proviso.

As to partners.

Certain mis

triable at

Sessions.

tificate or acknowledgment, for grain, timber, or other goods or property, which can be used for any of the purposes mentioned in the Act passed in the thirty-first year of Her Majesty's Reign and intituled: "An Act respecting Banks," or any person, who, after having obtained any such receipt, certificate, or acknowledgment, and after having endorsed or assigned it to any bank, or person, afterwards and without the consent of the holder, or endorsee in writing, or the production and delivery of the receipt, certificate, or acknowledgment, wilfully alienates, or parts with, or does not deliver to such holder, or endorsee, of such receipt, certificate or acknowledgment, the grain, timber, goods, or property therein mentioned, is guilty of a misdemeanor, and shall be liable to be imprisoned in the Penitentiary for any term not exceeding three years, or in any other gaol or place of confinement for any term less than two years, but not less than one year; Provided that nothing in this section shall prevent the offender from being indicted and punished for larceny, instead of misdemeanor, if, as being a bailee, his offence amounts to larceny.

91. If any offence in the last three preceding sections mentioned be committed by the doing of any thing in the name of any firm, company or copartnership of persons, the person by whom such thing is actually done, or who connives at the doing thereof, shall be deemed guilty of the offence, and not any other person.

92. No misdemeanor against any of the sixteen last preceding demeanors not sections of this Act shall be prosecuted or tried at any Court of General or Quarter Sessions of the Peace; and if upon the trial of any person under any of the said sections, it appears that the offence proved amounts to larceny, he shall not by reason thereof be entitled to be acquitted of a misdemeanor under the said sections.

False pretences.

As to obtaining money, &c., by false pretences.

93. Whosoever by any false pretence obtains from any other person any chattel, money or valuable security, with intent to defraud, is guilty of a misdemeanor, and shall be liable to be imprisoned in the Penitentiary for any term not exceeding three years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary No acquittal confinement; Provided, that if upon the trial of any person indicted for such misdemeanor, it is 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 person tried for sucb misdemeanor

because the offence

amounts to larceny.

Ahall

indictment and

shall be liable to be afterwards prosecuted for larceny upon the same facts; Provided also, that it shall be sufficient in any indict- Form of ment for obtaining or attempting to obtain any such property by evidence. false pretences, to allege that the party accused did the act with intent to defraud, and without alleging an intent to defraud any particular person, and without alleging any ownership of the chattel, money, or valuable security; And on the trial of any such indictment it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud.

paid to any

person other

94. Whosoever, by any false pretence, causes or procures any Where any money to be paid, or any chattel or valuable security to be deli- money, &c., is vered to any other person, for the use or benefit, or on account of the person making such false pretence, or of any other person, than the perwith intent to defraud, shall be deemed to have obtained such son making a money, chattel or valuable security, within the meaning of the last preceding section.

false pretence.

fraudulent

other instruments.

95. Whosoever, with intent to defraud or injure any other Inducing person, by any false pretence fraudulently causes or induces any persons by other person to execute, make, accept, endorse, or destroy the means to exewhole or any part of any valuable security, or to write, impress cute deeds and or affix his name, or the name of any other person, or of any company, firm or co-partnership, or the seal of any body corporate, company or society, upon any paper or parchment, in order that the same may be afterwards made or converted into or used or dealt with as a valuable security, is guilty of a misdemeanor, and shall be liable to be imprisoned in the Penitentiary for any term. not exceeding three years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement.

have inclosed

in

a Post lotter.

96. Whosoever for any purpose, or with any intent wrongfully Falsely proand with wilful falsehood, pretends or alleges that he enclosed tending to and sent or caused to be enclosed and sent in any Post Letter any money or money, valuable security, or chattel, which in fact he did not so other property enclose and send, or cause to be enclosed and sent therein, is guilty of a misdemeanor, and shall be liable to be punished as if he had obtained the money, valuable security, or chattel, so pretended to be enclosed or sent, by false pretences; and it shall not be necessary to allege in the indictment, or to prove on the trial, that the act was done with intent to defraud.

by

97. Whosoever by any fraud or unlawful device or ill practice Winning in playing at any game of cards or dice, or of any other kind, or monting at cheating at any race, or in betting on any event, wins or obtains any games. money or property from any other person, shall be held to have unlawfully obtained the same by false pretences, and shall be punishable accordingly.