security on the faith of any contract or agreement1 to consign, deposit, transfer or deliver any such goods or document of title.

No such factor or agent shall be liable to any prosecution for consigning, depositing, transferring or delivering any such goods or documents of title, if the same are not made a security for or subject to the payment of any greater sum of money than the amount which, at the time of such consignment, deposit, transfer or delivery, was justly due and owing to such agent from his principal, together with the amount of any bill of exchange drawn by or on account of such principal and accepted by such factor or agent.

2 ARTICLE 480.

ASSISTING IN SUCH MISAPPROPRIATION.

3 Every one is guilty of a misdemeanor, and liable to seven years' imprisonment, who, knowingly and wilfully, acts and assists in making any such consignment, deposit, transfer or delivery, or in accepting or procuring such advance as aforesaid.

5

4 ARTICLE 481.

FRAUDULENT TRUSTEES.

6

Every trustee of any property for the use or benefit,

[by the person making the loan or advance without notice of the factor's or agent's want of authority, the loan or advance is deemed to be made on the security of the goods or document of title, though the goods or documents of title are not actually received by the person making the advance till "the period subsequent thereto "; s. 79] R. S. C. c 164, s. 64. [The necessity for this explanation, which is taken from part of s. 79] R. S. C. c. 164, s. 64 [is not very obvious, nor do I understand what particular period is referred to by the concluding words.]

1 Any contract or agreement, whether made direct with such factor or agent, or with any clerk or other person on his behalf, is deemed to be a contract or agreement with such factor or agent; s. 79 (R. S. C. c. 164, s. 64). Of course it is.]

2 S. D. Art. 348.

3 R. S. C. c. 164, s. 63 (2); 24 & 25 Vict. c. 96, s. 78.

4 S. D. Art. 349.

5 R. S. C. c. 164, s. 65; 24 & 25 Vict. c. 96, s. 80; R. v. Barnett, 25 C. L. J. 410.

For definition of

44

99
trustee see ante page 6.

either in whole or in part, of some other person, or for any public or charitable purpose, is guilty of a misdemeanor, and liable to seven years' imprisonment, who, with intent to defraud, converts or appropriates the same, or any part thereof, to or for his own use or benefit, or the use or benefit of any person other than such other person, or for any purpose other than such public or charitable purpose, or otherwise disposes of or destroys such property, or any part thereof.

[A public purpose is such a purpose as would be recognized as public in a court of law, and not a purpose the execution of which is a matter of public importance.]

No proceeding or prosecution for any offence mentioned in this Article shall be commenced without the sanction of the Attorney-General or Solicitor-General for the Province in which the same is to be instituted.

When any civil proceeding has been taken against any person to whom the provisions of this Article apply, no person who has taken such civil proceeding shall commence any prosecution under this Article without the sanction of the court or judge before whom such civil proceeding has been had or is pending.

1

Illustrations.

[(1.) The trustees of a savings bank, which has printed rules one of which directs the manner in which the funds are to be invested, are trustees on an express trust created by an instrument in writing, but not for a public purpose.

1

(2.) The purposes of an institution exempted from liability to the poor-rate would be public.

2 ARTICLE 482.

FRAUDS BY DIRECTORS, MEMBERS AND OFFICERS OF INCORPORATED COMPANIES.

3

Every director, member, manager or officer of any

[R. v. Fletcher, L. & C. 180.]

2 S. D. Art. 350.

In the Act of the United Kingdom the word "public" occurs before the words "officer" and "company" the word "manager" does not occur in section 81 (a.); nor the word "member" in sections 82 and 84 (b.) and (d.)

body corporate or company is guilty of a misdemeanor, and liable to seven years' imprisonment, who,

(a.) fraudulently takes or applies, for his own use or benefit, or for any use or purpose other than the use or purpose of such body corporate or company, any of the property of such body corporate or company;

(b.) receives or possesses himself of any of the property of such body corporate or company, otherwise than in payment of a just debt or demand, and, with intent to defraud, omits to make or to cause or direct to be made a full and true entry thereof in the books and accounts of such body corporate or company;

3

(c.) with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing or valuable security belonging to the body corporate or 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; or

4

(d.) 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 body corporate or company, or with intent to induce any person to become a shareholder or partner therein, or to entrust or advance any property to such body corporate or company, or to enter into any security for the benefit thereof.

ARTICLE 483.

FRAUDS BY OFFICERS AND MEMBERS OF UNINCORPORATED

5

BODIES.

Every officer or member of any unincorporated body or

1R.S C. c. 164, s 66; 21 & 25 Vict. c. 96, s. 81.

R.S.C. c. 164, s. 67; 24 & 25 Vict. c. 96, s. 82; "as such director, etc."

3 R.S.C. c. 164, s. 68; 24 & 25 Vict. c. 96, s. 83.

4R S.C. c. 164, s. 69; 24 & 25 Vict. c. 96, s. 84.

R.S.C. c. 164, s. 70. As to officers or members fraudulently obtaining possession of property or books of a trade union see R.S.C. c. 131, s. 12.

society, associated together for any lawful purpose, is guilty of a misdemeanor and liable to three years' imprisonment, who fraudulently takes or applies to his own use or benefit, or for any use or purpose other than the use or purpose of such body or society, the whole or any portion of the funds, moneys or other property of the society, and continues to withhold such property after due demand has been made for the restoration and payment of the same by some one or more of the members or officers duly appointed by and on behalf of the body or society.

ARTICLE 484.

DEFENCE IN CERTAIN CASES.

2 No one is liable to be convicted of any of the misdemeanors mentioned in Articles 477-483 (both inclusive) by any evidence whatsoever, 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 bonâ 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.

1S. D. Art. 251.

2 R. S. C. c. 164, s. 71; 24 & 25 Vict. c. 96, s. 85.

[On this word, which was not in the earlier Act, 5 & 6 Vict. c. 39, s. €, see R. v. Skeen Bell, C C. 97.]

CHAPTER XLI.

RECEIVING.

1 ARTICLE 485.

RECEIVING DEFINED.

2 [A PERSON is said to receive goods improperly obtained as soon as he obtains control over them from the person from whom he receives them.

Where goods are received by a wife or servant, in the husband's or master's absence, with a guilty guilty knowledge on the part of such wife or servant, the husband or master does not become a receiver only by acquiring a guilty knowledge of the receipt of the goods by such wife or servant, and passively acquiescing therein, but he does become a receiver with a guilty knowledge if, having such knowledge, he does any act approving of the receipt of the goods.

Property ceases to be stolen or otherwise improperly obtained within the meaning of this Article as soon as it comes into the possession of the general or special owner, and if such general or special owner delivers it to some one who delivers it to a person who receives it knowing of the previous theft or other obtaining, such receiving is not an offence within this Article.

1 S. D. Art. 353.

2 [R. v. Wiley, 2 Den. 37. In this case the thieves carried stolen fowls into a stable belonging to the receiver's father. The receiver lighted them in, and was taken in the act of bargaining for them as they lay on the ground between the three men. Eight judges to four held that the conviction must be quashed; substantially they all agreed in the proposition given in the text, but they differed on the question whether, under the circumstances, the receiver had the control of the fowls or not. There was also some difference as to the effect of the terms in which the question had been left to the jury by the chairman of sessions who stated the case. For these reasons I have not attempted to turn the case into an illustration. The case of R. v. J. Smith, Dear. 494, is somewhat similar. See, too, R. v. Hill, 1 Den. 453. In R. v. Miller, 6 Cox, C. C. 353, a person was found guilty of receiving who had never had possession of the goods except by a servant.]