Northern Times.
Liverpool, Merseyside, England, 1857-09-10 00:00:00

THE FRAUDULENT TRUBTEE3 AUT.

The followfng is a copy of the new act to mike bettor
provision for the punishment of feitOs committed bT
trustees, bankers, and other persons entrusted with
property:--

Whereas it is expedient to make better provision for
the punishment of frauds :yornmitted by trustees, bankers.
and other persons entrusted with property : Be it minted
by the gieen's most excellent DI :jesty, in and with the
advice and consent of the Lords spiritual and Teaiporaii:
and Commons, in this present parliament assembled, and
by the authority of the same, as follows :-
1. If any person being a trustee of any property for the
benefit either who'dy or partially, of so-rt., other person,,or
for any public or charitable purpose, Anil; with intent fv
defiand, convert or appropriate the same or any Part •
thereof to or for his own U3B or purposes, or shall, with,
intent aforesaid, otherwise dispose of or -destroy su-h
property or any part thereof, he shill be Daily of a ins
demeanour.

2. If any person lytitEr a banker, merchant, broker,
attorney, or agent, and being entrustel for safe- custody •
with the property of any other person, sh ill, with intent
to defraud, sell, negotiate,- transfer, pledp, or in' anir
manner conTert or appropriate to or for his own age such
proparty or any part thereof,• he shall b 3 guaty of a
misdemeanour.

3 If any person entrusted with'any pover of attorn-sy..?
for the sale or transfer of any property shall frauclulettalr'
sell or transfer or otherwise cony ertsuet/ propsrty or .Loy
part thereof to hi2-crwo use or b3a.:flt, ho sO tit goilt7 or

a rnisrlemeanour.

4. If any persons,-being a ball2e of any property, shalt
fraudulently take or convert the same to his own use, or rlie
use of any person other than the owner thereof, although
he shall not break balk or otherwise dsternahs?. Us.; bail-
ment, he shall be guilty of larceny.
5. If any person, being a director, member, or publics
officer of any body corporate or public company, shall
fraudulently take or apply, for his own use;- any of the
money or other property of such holy corp'u'u'epr pub-
lic company; he shall be guilty of a misilemlacuror.
6. If any person, being a director, public offieer, ors
manager of any bolt corporate or pmsblic comp Loy, shall
as such receive or possess himself of any of money or
other property of such bo ly corporate or pa'slici cone itltr.
otherwise than in paymont of a jest debt or dental, a*

shall, with intent to defraud, omit to make or to erne o
direct to be made a full And true entry thereof ia

books and accounts of such. body corporate' or pubii•
company, he shill be guilty of a iniidemeanour.
7. If any director, manager, public officer, or renober:
of.any body corporate or publiccorppany..shall, wit h in•
tent to defraud, destroy, alter, mutilate, or falsify any of
the books., papers, writings, or securities, belonging to the
body corporate' or public company, of which he is a di-
rector or manager. public officer or menhar, or make -or
concur in the making of any false entry, or any material
omission in any book of account or other document, he •
shall be guilty of a misdemeanour.
8. If any director, manager, or public omeer of aczr--
body corporate or public company shall make, circulate,.
or publish, or concur in making, circulating, or pubthhiog,
any written statement or account which he shall know t,).
be false in any material particular, with inteot to &ce!.7
or defraud any member, shareholder, or creditor of sitak
body corporate or public company, or witlt intent to
induce any person to become a sharohold r er.or'Partne-
therein, or to intrust or advance any money or property
to such body corporate or!piablic company, or to enter into
any security for the benefit thereof he shall be guilty of a
misdemeanour: . •

9 If any person shall receive any chattel, money, or
valuable security which shall have been so irandently .11s-
posed of as to render the party dispoling thereof guilty of
a misdemeanour under any of the provisions of this act,•
knowing the same to be so fraudulently disposed of, her.
shall b 3 guilty of a misderneanourond na Ay be indicted and
coavicterl: thereof, whether the party guilty of the prin.
misdemeanour shall or shall not have hen previously-
convicted, or shall or shall not be amendable to jistlee.
10. Every person found guilty of a misdemeanour midst-
this act shall be liable, at the discretion of the court, to •
be kept in penal servitude for the term of threo years, or
to suffer such other punishment, by imprisonmeat for not
more than two years with or without hard labour, or by
fine as the court shall award.

11. Nothing in this act contained shall enable or entitle
any person to refuse to make a full anl com-plete dissr,vry
by answer to any hill in equity, or-to attswers-enny qeestioe
or int6iregatOry in any civil proceeding in any court of
law or eqnity, or in the courts of bankruptcy or insol-
vency; but no answer to any such bill, question, or lute"-_
rogatory shall b? adrnissable iu evilenco against such
person in any proceeding under this act,
12. Nothing in this act contained, nor any proceeding,
conviction, or judgement to be had or taken th .1-ecru
against any person under this act, shall prevent, lessen.
or impeach any remedy at law or in equity which any
party aggrieved by any offence against this act might
have had it' this act had not been. passed ; but no convic-e
tion of any such offender shall be receives in evidence in
any action at law or suit in equity against him ; and-
nothing in this act contained shalt affect or prejudice, any
agreement entered into or security given by any trustee,
having for its. object the restoration or repayment of any
trust property misappropriated. - •
13. No proceeding or prosecution for any off. 'nee •
included in the first section, but not included in any other
section of this act. shall be commenced without the
sanction of her Majesty's Attorney-General, oe, in case
that office be vacant, of her Majesty's Solieltor.Gener
provided that were any civil proceeding shall have ham
taken against any person to whom the provisions of the
said first section, bet not of any other section of this act, -.
may apply, no person who shall have taken such (died •
proceeding shall commence any prosecution under this act
without the sanction of the court or judge before whoen
such civil proceeding shall have been hail or shall be
.pending.
14. If upon the trial of any person under this act it
shall appear that the offence- preyed amounts to tare
he shall not by reason thereof be entitled to be acq'n d
of a misdemeanour under this act.

15. In:every:prosecmtion fOr any misdemeanour against,
this act the court before which any such offence shall -o,: .
prosecuted or tried may allow: the expenses of the prosz-
cation in all respects as in cases of felony.
Itt. No misdemeanour against this act shall be prose—.
cuted or tried at any court of general or quarter ses.slarta.
of the peace.
17. The word " trustee" shall in this act mean. a trus-.
tee on some express trust created by some deed, will, or•
instrument in writing, and shall also include the heir and
personal representative of any such trustee, and als ail
executors and administrators, liquidators under the Joint
Stock Companies Act, 1851, and all assignet,s in. bink-
raptcy.and insolvency. Tne word "property" shall in-
clude every description of real and personal property,
goods, raw, or other materials, money, debts, and-legacies,
and all deeds and instruments relating to or evidencing
the title or. right to any property, or giving a right to
recover or receive any money or goods ;. and such word
"property" shall also denote and include not only such
real and personal property as may have been the original
subject of a trust, but also any real or personal property
into which the Bathe may have bnan convertad or ex-
chan7ed, and the proceeds thereof respactiv-e;y, and any-
thing,
, acquired by snob proceeds.
, 113. This act shall not extend to Scotland.