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 acknowledgment, the person giving and the person accepting, transmitting 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. (Not in the English Act.)

Sect. 89.-If any merchandise has, in the name of the owner or of any other person, been shipped or delivered to the keeper of any 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 under this section, who had, before making a disposition of the merchandise aforesaid, paid or tendered to the consignee the full amount of any advance made thereon. (Not in the English Act.)

Sect. 90.-Any miller, warehouseman, factor, agent, or other person, who, after having given, or after any clerk or person in his employ has to his knowledge given, as having been received by him, in any mill, warehouse, vessel, cove, or other place, any receipt, certificate 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 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, ("but not less than two years" is omitted) 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. (Not in the English Act.).

Sect. 91.-If any offence in the last three preceding sections mentioned be committed by the doing of anything in the name of any firm, company or co-partnership 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. (Not in the English Act.)

Sect. 92.-No misdemeanor against any of the sixteen last preceding 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.-24-25 Vict., ch. 96, sect. 87, Imp.

The words in italics in this last clause are not in the English Act. They were there omitted (though contained in the Repealed Statute) because the case was provided for by 14-15 Vict., ch. 100, sect. 12. The same reason should have induced the framers of our Statute to leave out these words, as sect. 50 of the Procedure Act of 1869 provides for the same case.

As to the meaning of the words "property," "valuable security," "document of title to goods," in these seventeen preceding sections, see ante, sect. 1.

As to fining the offender and requiring him to enter into recognizances and give sureties for keeping the peace in misdemeanors under this Act, see post, sect.

122.

As to solitary confinement, see sect. 94 of the Procedure Act of 1869.

W. deposited title deeds with D., as security for a loan,

MM

and requiring a further loan, the defendant, an attorney, obtained for W. a sum of money from T. and delivered to her a mortgage deed as security. There were no directtions in writing to the defendant to apply the money to any purpose, and he was entrusted with the mortgage deed, with authority to hand it over to T. on receipt of the mortgage money, which was to be paid to D. and W., less costs of preparing the deed. The defendant fraudulently converted a substantial part of the money to his own use: held, that as there was no direction in writing, the defendant was not guilty of a misdemeanor under sect. 75 of the Larceny Act, sect. 76 of our Statute: held also, that he was not guilty under sect. 76, sect. 77 of our Statute.-Reg. vs. Cooper, 12 Cox, 600 See R. vs. Golde, 2 Russell, 481; R. vs. Prince, 2 C. & P. 517; R. vs. White, 4 C. & P. 46; Reg. vs. Gomm, 3 Cox, 64; Reg. vs. Fletcher, Leigh & Cave, 180.

A stock and share dealer was in the habit of buying for S. gratuitously and receiving cheques on account. On the 27th of November, he wrote informing S. that £300 Japanese bonds had been offered to him in one lot, and that he had secured them for her, and that he had no doubt of her ratifying what he had done, and enclosing her a sold note for £336, signed in his own name. S. wrote in reply "that she had received the contract note for Japan shares and had inclosed a cheque for £336 in payment, and that she was perfectly satisfied that he had purchased the shares for her." In fact, the bonds had not been offered to the dealer in one lot, but he had applied to a stock jobber, and agreed to buy three at £112 each, but never completed the purchase. Held that S.'s letter was a sufficient written direction, within the meaning of 24-25 Vict., ch. 96, sect. 75 (sect. 76, ante, of Canadian Statute) to apply the cheque to a par

ticular purpose, viz., in payment for the bonds.-Reg. vs. Christian, 12 Cox, 502.

Indictment, under sect. 76, against a banker for a fraudulent conversion of money intrusted to him....... that A. B. on...... did intrust C. D. as a banker, with a certain large sum of money, to wit, the sum of one hundred • pounds, with a direction to the said C. D. in writing to pay the said sum of money to a certain person specified in the said direction, and that the said C. D. as such banker as aforesaid, afterwards, to wit, on ... ... in violation of good faith and contrary to the terms of such direction, unlawfully did convert to his own use and benefit the said sum of money so to him intrusted as aforesaid against.... (In case of a security for money, the indictment must allege a written direction as to the application of the proceeds. A count should be added stating particularly the purpose to which the money was to be applied, and the person to whom it was to be paid.)-3 Burn's Just. 320.

Indictment, under sect. 76, against a banker, for selling or converting goods or valuable securities intrusted to him for safe keeping, or for a special purpose "not" in writing....that A. B. on did intrust to C. D. as a banker, for safe custody, a certain bill of exchange the property of the said A. B. drawn by... . . . . . on ... dated.... for the payment of the sum of one hundred pounds, without any authority to sell, negotiate, transfer or pledge the same; and that the said C. D. then being such banker, as aforesaid, and being so intrusted, as aforesaid, in violation of good faith and contrary to the object and purpose for which the said bill of exchange so intrusted to him as aforesaid, and whilst so intrusted as aforesaid, unlawfully did negotiate, transfer and convert to his own use and benefit, the said bill of exchange,