The Sun.
London, England, 1829-01-15 00:00:00

LIABILITY OF BANKERS AND AGENTS

ACT OF 52 GEO. m. CAP. 63.

F NTIT

An Act for more effectually preventing the Embezzlement
of Securities for Money and other Effects, left or deposit-
ed for safe Custody, or other special Purpose, ia :he
Hands of Binker,, Merchants, Brokers, Attorneys, or
other Agents. [9th June, 1912.]
Whereas it is expedient that due provision should
be made to prevent the embezzlement of govern-
ment and other securities for money, plate, jewels,
and other personal effects, deposited for safe custody,
or for any special purpose, with bankers, merchants,
brokers, attorneys, and other agents, entrusted by
their customers and employers ; be it, therefore, en-
acted by the King's most excellent Majesty, by and
with the advice and consent of the lords spiritual
and temporal, and commons, in this present parlia-
ment assembled, and by the authority of the same,
that if any person or persons with whom (as banker
or bankers, merchant or merchants, broker or brokers,
attorney or attorneys, or agent or agents of any des-
cription whatsoever) any ordnance debenture, ex-
chequer bill, navy, victualling, or transport bill, or
other bill, ,varraut, or order for the payment of
money, state lottery ticket, or certificate, seaman's
ticket, bank receipt for payment of any loan, India
bond, or other bond, or any deed, note, or other
security for money, er for any share or interest. in
any national stock or fund of this or any other coun-
try, or in the stock or fund of any corporation, com-
pany, or society established by act of parliament or
royal charter, or any power of attorney for the sale
or transfer of any such stock or fund, or any share
or interest therein, or any plate, jewels, or other
personal effects, shall have been deposited, or shall
be or remain for safe custody or upon or for any spe-
cial purpose, without any authority, either general,
special, conditional, or discretionary, to sell or pledge
such debenture, bill, warrant, order, state lottery
ticket, or certificate, seaman's ticket, bank receipt,
bond, deed, note, or other security, plate, jewels, or
other personal effects, or to sell, transfer; or pledge
the stock or fund, or share or interest in the stock or
fund to which such security or power of attorney
shall relate, shall sell, negociate, transfer, assign,
pledge, embezzle, secrete, or in any manner apply
to his or their own use or benefit, any such de en-
ture, bill, warrant, order, state lottery ticket, or cer-
tificate, seaman's ticket, bank receipt, bond, deed,
note, or other security, as hereinbeforz mentioned,
plate, jewels, or other personal effects, or the stock

or fund, or share or interest in the stock or fund to
which such security or power of attorney shall relate,
in violation of good faith, and contrary to the special
purpose for which the things hereinkefore mentioned,
or any or either of them, shall have been deposited,
or shall hay,' Leen or remained with or in the hands

of such person or persons, with intent to defraud the
owner or owners of any such instrument or security,
or the person or persons depositing the same, or the
owner or owners of the stock or fund, share or in-
terest to which such security or power of attorney
shall relate, every person so offending in any part of
the united kingdom of Great Britain and Ireland,
shall be deemed and taken to be guilty of a misde-
meanour, and being thereof convicted according to
law shall be sentenced to transportation for any term
net exceeding fourteen years, or to receive such other
Punishment as may by law be inflicted on a person or
persons guilty of a misdemeanour, and as the court
before which. such offender or offenders may be tried
and convicted shall adjudge.
2. And whereas it is usual for persons having
dealings with bankers, merchants, brokers, attorneys,
and other agents, to deposit or place in the hands
of such bankers, merchants, brokers, attorneys, and
other agents, sums of money, bills, notes, drafts,
cheques, or orders for the payment of money, with
directions or orders to invest the monies so paid, or
to which such bills, notes, drafts, cheques, or orders
ratte, or part thereof, in the purchase of stocks or
funds, or in or upon Government or other securi-
ties for money, or to apply and dispose thereof iu
other ways, or for other purposes ; and it is expe-
dient to prevent embezzlement and tnalversation in
such cases also; be it, therefore enacted by the au-
thority aforesaid, that if any such banker, merchant,
broker, attorney, or other agent is, whose hands any
sum or sums of money, bill, note, draft, cheque, or
order for the payment of any sum or sums of money
shall be placed, with any order or orders in writing,
and signed by the party or parties who shall so de-
posit or place the same, to invest such sum or sums
of money, or the money to which such bill, note,
draft, cheque, or order as aforesaid shall relate, in
the purchase of any stock or fund, or in or upon
Government or other securities, or in any other way
or for any other purpose specified in such order or
orders, shall in any manner apply tc his or their
own use and benefit, any such sum or sums of mo-
ney, or any such bill, note, draft, cheque, or order
for the payment of any sum or sums of money as
hereinbefore mentioned, in violation of good fetili
and contrary to the special purpose specified in the
direction or order in writing hereinbefore mentioned,
with intent to defraud the owner or owners of any
such sum or sums of mouey, or order for the pay-
ment of any sum or sums of money; every person
so offending in any part of the United kingdom,
shall in like mariner be deemed and taken to be
guilty of a misdemeanour, and being convicted
thereof according to law, shall incur and suffer such
punishment as is hereinbefore mentioned.
3. Provided always, and be it further enacted by
the authority aforesaid, that nothing herein contained
shall extend or be construed to extend to prevent
nay of the persona hereinbefore mentioned from re-
ceiving any money which shall be or become ac-
tually due and payable upon or by virtue of any of
•
the instruments or securities hereinbefore mentioned,
according to the tenor and effect thereof, in such
manner as he or they might have done if this Act
had not been made.

4. Provided also, and be it further enacted by the
authority aforesaid, that the penalty by this Act an-
nexed to the commission of any of-fence intended to
be guarded against by this Act shall not extend or
be construed to extend to any partner or partners,
or other person or persons of or belonging to any
partnership, society, or firm, except only such part-
ner or partners, person or persons, as shall actually
commit or be accessory or privy to the commission
of such offence; any thing herein contained to the
contrary in anywise notwithstanding.
5. Provided also, and be it further enacted by the
authority aforesaid, that nothing in this act contain-
ed, nor any proceeding, conviction, or judgment, to
be had or taken thereupon, shall hinder, prevent,
lessen, or impeach any remedy at law or in equity,
which any party or parties, aggrieved by any offence
against this act might or would have had, or have
been entitled to, if this act had not been made, nor
any proceeding, conviction, or judgment, had been
had or taken thereupon; but, nevertheless, the con-
viction of any offender against this act shall not be
received in evidence in any action at law or suit in
equity Against such offender ; and, further, that no
person shall be liable to be convicted by any evi-
dence whatever, as an offender against this act, in
respect of any act, matter, or thing done by him,
if he shall at any time previously to his being in-
dicted for such offence have disclosed such act, mat-
ter, or thing, on oath, under or in consequence of
any compulsory process of any court of law or
equity, in any action, suit, or proceeding, in or to
which he shall have been a party, and which shall
have been bona fide instituted by the party aggrieved
by the act, matter, or thing, which shall have been
committed by such offender aforesaid.

6. Provided always, and it is hereby expressly
enacted and declared, that nothing in this act con-
tained shall extend to or affect any person or persons
being a trustee or trustees in or under spy marriage
settlement, will, or other deed or instrument, or be-
ing a mortgagee or mortgagees of any property
whatsoever, whether real or personal, in respect of
any act or acts done by any such person or persons
comprised in or affected
byin relation
any
yto
such
trutshe
tor property
mortgage
as aforesaid.
7. Provided always, and be it enacted, that every
person who shall commit, in Scotland, any .offence
the provisions thereof
against this act, which by

constituted a misdemeanour, shall be liable to be
punished by fine and imprisonment, or by either of
them, or by transportation for a term not exceeding
fourteen years, as the judge or judges before whom
such o►`fender shall be tried and convicted may
direct.

8. Provided always, and it is hereby enacted, that
nothing herein contained shall extend to restrain any
banker, merchant, broker, attorney, or other agent,
from selling, negotiating, transferring, or otherwise
disposing of any securities, property, or other effects
as aforesaid, in their custody or possession, upon
which they shall have any lien, claim, or demand,
which by law entitles them to sell or dispose there-
of, unless such sale, transfer, or other disposal shall
extend to a greater number or a greater part of such
securities, property, or other effects as aforesaid,
than shall be revisite Or necessary for the purpose
of paying or satisfying such lien, claim, or demand;
any thing hereinbefore contained to the contrary
thereof in anywise notwithstanding.

BRIGHTON, JAYUA RY 14.—The grand
fancy ball at Mrs. Fitzherisert's, on Monday night, was
most brilliantly attended, nearly all the rank and fashion
now in Brighton being present. The ladies generally wore
dresses of velvet awl satin, with a profusion of splendid
jewels, though many appeared in character dresses. Among
the distinguished visitants we noticed the Countess St.
Antonio, Countess Lindsey, Lady Ellenborough and the
Misses Law, Lady C. Bertie, Lady • C. Stewart, Lady
Mary and Miss Shepherd, Lady and Miss Scott, Lady and
Misses Shiffner, Sir Hugh and Lady Massey, Admiral and
Lady Mary Ann Sotheby, Sir Matthew and Lady Tierney,
Baron and Baroness De Rutzen, Sir Thomas M‘Mahon,
Sir Charles and Lady Coote, Lady C. Baring, Lord Thos.
Cecil, Mrs. Colonel Dawson, the Hon. Mrs. Jerning-
ham, Mr. and Mrs. F. Webb, Mrs. Montefiore, &c. &c.
A superb Sultan's dress, worn by Mr. F. Webb, at-
tracted general observation, as did also that of a Mame-
luke, worn by Mr. M`Mahon ; Miss Law, as Mary
Queen of Scots, was very characteristic and chaste; Mrs.
Colonel Dawson, the lion. Mrs. Jerningham, and Mrs.
Montefiore, were distinguished by the splendour and bril-
liancy of their diamonds; and a young lady, as a Fairy, by
the elegance of her dress, and the grace of her action and
deportment, enamoured all beholders. The company was
received by Mrs. Fitzherbert, who looked well and in high
spirits, with her accustomed kind and dignified hospitality.
Dancing had many votaries till about one o'clock, at which
hour the supper-loom was thrown open, and the company,
amounting to upwards of 260, partook of an entertain-
ment, comprising every delicacy of the season, and wines
of the choicest and most exquisite flavour. Directly after
supper, the dance was resumed and continued with un-
abated spirit until five o'clock yesterday morning, when
the company separated. The attendance of fashion leaving
their names at the Steyne-mansion of Mrs. Fitzlserbert
(such, we conclude, being the etiquette), after the splendid
entertainment of the preceding night, caused much bustle
to prevail in that quarter during the greater part of yes-
terday.—Brighton Guardian. •

Dublin and the county are in motion, for the
double purpose of petitioning for Emancipation, and ad-
dressing the Lord Lieutenant on his departure. Almost
all of the parishes of the city meet at their respective chapels
to-day. On the 20th there is to be a grand Meeting of
Protestants, the Duke of Leinster in the Chair, for the
purpose of petitioning for the concession of the Catholic
Claims. It is said that the leading members will imme-
diately after proceed in a body, and join the Associa-
tion. Mr. O'Connell expresses himself with the utmost
confidence upon his legal right to sit and vote, and has
no doubt that he will succeed in making the country coin-
cide in opinion with him. Ile is to publish, in a few
days, a statement of his case, accompanied with a letter to
the Speaker of the House of Commons on the same sub-
ject. A requisition from six Aldermen and several of
the most respectable inhabitants of Dublin has been pre-
sented to the Lord Mayor, calling upon him to convene a
Meeting of the citizens, for the purpose of addressing the
King not to deprive them of his Excellency's paternal Go-
vernment. His Lordship refused, on the ground that as
Ministers resolved to recall him, they must be right, and
his interference would, therefore, be unjustifiable.—
Morning Paper.

We have reason to believe, notwithstanding
the various statements put forth to the contrary, that
Rowland Stephenson has not yet left this country, and
Government, acting on this persuasion, have, within the
last two day taken secret proceedings for his apprehension,
which would be altogether futile were the delinquent to
have succeeded in leaving the kingdom. The senior Ma-
gistrate of one of the principal offices of police at the West
end of the town has been several days in attendance at the
office of the Secretary for the Home Department ; frequent
interviews have 'also taken place between the same Magis-
trate and the individual who admits assisting in the elope-
ment; after which, a principal officer of the police was
despatched out of town, with sealed instructions. The
greatestsecrecy has been observed; but some circumstances
have come to our 'knowledge, which, we repeat, lead us to
the belief that Stephenson may be yet taken, and within a
vt.ty few days.—Morniny Paper.
ALLIANCE MARINE ASSURANCE COM-
PANY.-The Annual General Court of the Shareholders of
the Alliance Marine Assurance Company was held yester-
day at the City of London Tavern, Samuel Gurney, Esq.,
in the Chair.

A canary belonging to a young man, in the
employ of Mr. Smith, at Sittingbourne, died last week at
the age of 14 years. The same person has also a bird in
his possession, of the same species, 22 years old. Some few
years since Mr. Smith lost one 84 years old.—Kentish
Chronicle.

The Marquis of Abercorn (who has achieved
a feat which baffled the Emperor Napoleon in all the ple-
nitude of his power, and aided by all his Marshals—the
wounding of the Duke of Wellington) is quite a youth ;
his father died many years since, and his mother is now
the wife of the Secretary for Foreign Affairs. It is rather
unlucky, that the name of this scion of the Illustrious
House of Hamilton should obtain its first notoriety coupled
with a very awkward, and what narrowly escaped being a
very fatal, accident.

A letter from Lyons of the 4th January
states—" A dreadful event has spread consternation and
mourning through the town of Rive de Gier. On Friday
the 2d, at the moment when the workmen had just en-
tered the mine-works of Logis de Peres, at Martoret, the
fire-damp showed itself, and ignited all the gas which had
collected during the holydays, The explosion was terrific,
and extended itself to the outer opening of two of the
shafts. Forty men and thirty horses, which were in the
galleries, perished, and several of the poor people who es-
caped this disaster have been more or less severely wounded.
This fresh misfortune shows mere and mare the necessity
of employing Davy's lamp in this kind of mining. It is
not unknown that the workmen do not use this lamp with
their good will, because it is less convenient and shows less
light than the old ones. But what is the inconvenience it
comparison with those dreadful accidents which 0r use of
it prevents."—Journal des Debat,

NAVARIN PRIZE GUNS.

(FRO3I A CORRESPONDE.

MALTA, NOV. 29.

The subject of the brass guns taken up from the
Bay of Navarin is likely to become a question of
more serious investigation than was at first imagined.
His Majesty's ship, Ocean, brought to Malta five
long brass thirty-six-pounders, expecting to meet
with a better market there than where the Asia had
disposed of her similar booty ;—the gnus were
landed and weighed ; a purchaser was easily found,
and when the bargain was on the point of being
concluded, the Admiralty Judge sent his agent to
take possession of them as Droits of Admiralty, and
thus deprived the Ocean of about 1,0001. The
Captain disputes the legality of this seizure, and re-
fuses to acknowledge the jurisdiction of the Ad-
miralty Court on this point, and the matter must
necessarily be referred home. In fact, it seems, that
the natural right to this spoil must be between the
Greeks and Ottomans ; and, if the English have any
claim, it can only be as Droits of Admiralty—not as
prize to individuals. In that character, however,
the guns (which I mentioned to you in my last)
were sold from his Majesty's ship, Asia, and
their produce has positively been distributed as
such, each Officer and man receiving his portion
of the proceeds of this extraordinary sale. There
still remains a good deal of this booty on board the
Asia, and in fact what has been collected by these
two ships has been estimated at about 3)0001.
Whoever sanctioned this sale and distribution has
incurred considerable responsibility. If the Com-
mander-in-Chief is right at Navarin, the Admiralty
Judge must be wrong at Malta, and vice versa. We
wait with considerable interest to hear the decision
from England.