APPENDIX. for the payment of any sum or sums of money as hereinbefore mentioned, in violation of good faith and contrary to the special purpose specified in the direction or order in writing herein before mentioned, with intent to defraud the owner or owners of any such sum or sums of money, or order for the payment of any sum or sums of money; every person so offending in any part of the United Kingdom, shall in like manner be deemed and taken to be guilty of a misdemeanor, and being convicted thereof according to law, shall incur and suffer such punishment as hereinbefore mentioned. Act not to prevent money due on securities. III. Provided always, and be it further enacted by the authopersons receiving rity aforesaid, that nothing herein contained, shall extend, or be construed to extend, to prevent any of the persons hereinbefore mentioned from receiving any money which shall be or become actually due and payable upon or by virtue of any of the instru ments 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. Not to extend to partners not being privy to offence. Not to lessen any remedy at law or equity regarding party aggrieved. IV. Provided also, and be it further enacted by the authority aforesaid, that the penalty by this act annexed to the commission of any offence 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 partner or partners, person or persons, as shall actually commit or be accessary or privy to the commis sion of such offence; any thing herein contained to the contrary in anywise notwithstanding. V. Provided also, and be it further enacted by the authority aforesaid, that nothing in this act contained, 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 conviction 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 evidence whatever, as an offender against this act, in respect of any act, nratter or thing done by him, if he shall at any time previously to his being indicted for such offence, have disclosed such act, matter or thing on oath, under or in consequence of any compulsory process of any court of law or equity, in any action, suit or proceed ing, in or to which he shall have been a party, and which shall APPENDIX. have been bona fide instituted by the party aggrieved by the act, matter or thing, which shall have been committed by such offender aforesaid. gees. VI. Provided always, and it is hereby expressly enacted and de- Not to affect trus clared, that nothing in this act contained shall extend to or affect tees or mortga any person or persons being a trustee or trustees in or under any marriage settlement, will or other deed or instrument, or being 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 in relation to the property comprized in or affected by any such trust or mortgage as aforesaid. in Scotland. VII. Provided always, and be it enacted, that every person Punishment of who shall commit in Scotland any offence against this act, which persons offending by the provisions thereof is constituted a misdemeanor, shall be liable to be punished by fine and imprisonment, or by either of them, or by transportation for any term not exceeding fourteen years, as the judge or judges before whom such offender shall be tried and convicted may direct. Act not to restraiu posing of securi bankers from dis have a lien. VIII. 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, negociating, trans- ties on which they ferring 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 thereof, unless such sale, transfer or other disposal shall extend to a greater number or to a greater part of such securities, property or other effects as aforesaid than shall be requisite 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. £ £ s. d. f. £ s. d. f. £ s. d. f. £ s. d. f. £ s. d. f. £ s. d. f. N. B. The interest on a bill or note (except when it carries interest by the terms of it from the date) is to be calculated from the time it fell due, until the day when final judgment will be signed. The calculation may be at the rate of one penny for each pound each month, but the above table affords the more precise mode of calculating. £ £ s. d. f. £ s. d. f. £ s. d. f. £ s. d. f. 17 DAYS 18 DAYS £ s. d. f. £ s. d.f. 10 02 0 0 02 0 0 0 2 13 0 1 0 0 0 1 0 0 1 0 0 01 0 0 2 3 0 0 |