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HILL.

V. POINTON AND ANOTHER.

1884.

workmen.

and their workmen. Whether the workmen were right or wrong
in this instance we have no means of judging, nor is it material
to know. But it seems to me that these men were not infring-
ing the Act when they went about in an orderly way for the
purpose of representing their case to the public, and trying to
induce the public to assist them on that particular occasion, and Vagrancy ,
with reference to the position of their families at that time, while Men on strike
they themselves were on strike. There would be a difficulty in collecting alms

for fellow-
distinguishing this case from the case of a poor man, who had,
say, lost his cow, his sole means of support, and went about the
country, with the approval of his neighbours, who had perhaps
signed papers in his favour, which he took from house to house,
soliciting assistance to enable him to buy another cow. In one
sense he may be said to go rouod to ask for alms, but not in the
sense that is meant to be dealt with in this Act.

When a man placed himself in the public streets to ask for alms, not for any particular object, this would be evidence from which it might be inferred that he did so as a mode of getting a living, and that might be an offence within the Act. But it is clear that if, as in this case, on some partiular occasion, men, who are ordinarily hard-working and industrious, went about from house to house to ask assistance for some specific object, which was not intended to provide them with the ordinary means of living, this was not what was aimed at in the Act. This was what was done in the present case, and therefore I have come to the conclusion that the case did not come within the Act, and that the conviction ought to be quashed.

SMITH, J.-I agree with everything that has been said by my brother Cave, and I have nothing further to add.

Conviction quashed. Solicitors for the appellants, Robinson, Preston, and Stow, agents for Hollinshead and Moody, Tunstall.

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NORTHERN CIRCUIT.

LIVERPOOL SPRING Assizes.

Friday, May 16, 1884.

(Before Day, J.)

REG. v. TOWNSHEND. (a) Larceny Act, 1861, s. 80—Banker and customer-Trustee of

proceeds of goodsHypothecation note-Bills of Sale Acts

What documents within. T., a fruit-broker, applied to his bankers for an advance as against

certain goods which had been consigned to him and were then at sea, he depositing with them the indorsed bills of lading. Before making the advance the bankers required him to sign a letter of hypothecation by which he undertook to hold the goods in trust for the bankers, and to hand over to them the proceeds, "as and

when received,to the amount of the advance. Held, by Day, J., that this letter contained a declaration of an express

trust such as would make the giver of it a trustee of the proceeds within the meaning of sect. 80 of the Larceny Act, and his appropriation of them to his own use an offence against that

section. Held, also, that such hypothecation note was a bill of sale within

the definition in the Acts of 1878 and 1882 as being a declaration of trust without transfer, and is required to comply with the provisions of those Acts as to form and registration, but that the goods not having arrived at the date of its execution, it came within the exception as to "goods at sea" contained in the Bills

of Sale Acts, and so was not affected by these provisions. OHN TOWNSHEND was charged with having at Liverpool,

on the 17th April, 1884, committed an offence against the terms of the 80th section of the Larceny Act, 1861 (24 & 25 Vict. c. 96), which section provides that “whosoever being a trustee of any property for the use or benefit, either wholly or partially, of some other person ... shall, with intent to defraud, convert or appropriate 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 person as aforesaid ... or otherwise dispose of or destroy such property or any part thereof, shall be guilty of a misdemeanour."

The 1st count of the indictment alleged that on the 27th day of October, 1883, John Townshend was a trustee of certain property,

(a) Reported by John KINGHORN, Esq., Barrister-at-Law.

.

REG

V.

1884.

customer

to wit, 500 half barrels of currants and 580 cases of currants ex Malta, wholly for the benefit of the Liverpool Union Bank

TOWNSHEND. Limited, and that, being such trustee, he unlawfully and wilfully did convert and appropriate a part of the property, to wit 100 half-barrels of currants, to his own use, with intent to defraud.

Bunker and The 2nd count alleged that defendant was trustee of 100 halfbarrels of currants marked "A. M.” wholly for the benefit of the Trustee of probank, and that he unlawfully converted them to his own use with ceeds of goods. intent to defraud.

The 3rd count alleged that defendant on the 4th day of December, 1883, was a trustee of 1531. 48. wholly for the benefit of the bank, and that he unlawfully converted it to his own use with intent to defraud.

The 4th count alleged that defendant, on the 27th day of October, 1883, was trustee of 500 half-barrels of currants and 580 cases of currants, all ex Malta, wholly for the benefit of the bank, and that he unlawfully converted a part of the property, to wit ninety half-barrels of currants to his own use with intent to defraud.

The 5th count, that on the 27th day of October, 1883, defendant was trustee of ninety half-barrels of currants, ex Malta, marked “B. M.,” wholly for the benefit of the bank, and that he unlawfully converted them to his own use with intent to defraud.

The 6th count, that on the 30th day of November, 1883, defendant was trustee of 751. for the benefit of the bank, and unlawfully converted it to his own use.

The 7th count, that defendant on the 8th day of December, 1883, was trustee of 601. 58. 10d., wholly for the benefit of the bank, and unlawfully converted the same to his own use.

The 8th count, that defendant on the 27th day of October, 1883, was trustee of 500 half-barrels of currants, and 580 cases of currants, all ex Malta, wholly for the benefit of the bank, and unlawfully converted them to his own use.

The 9th count, that defendant, on the 22nd day of November, 1883, was trustee of 1641 cases of currants, and 204 half-cases of currants, all ex Trinidad, wholly for the benefit of the bank, and unlawfully converted part of them, to wit, 300 cases, to his own use.

The 10th count, that on the 22nd day of November, 1883, defendant was trustee of 300 cases of currantsex Trinidad, marked "P.C.,” wholly for the benefit of the bank, and unlawfully converted them to his own use.

The 11th count, that defendant on the 20th day of December, 1883, was trustee of 3311. 38., wholly for the benefit of the bank, and unlawfully converted it to his own use.

The 12th count, that defendant on the 3rd day of March, 1884, was trustee of 1641 cases of currants, 300 cases of currants, and 204 half-cases of currants, all ex Trinidad, wholly for the benefit of the bank, and unlawfully converted part of them to his own use, to wit, 204 half-cases of currants.

REG.

1884.

customer

The 13th count, that defendant on the 3rd day of March, 1881, TOWNSHEND.

was trustee of 204 half-cases of currants, marked “D. S. A. extra fine Vostizza,” wholly for the benefit of the bank, and un

lawfully converted them to his own uses. Banker and

The 14th count, that defendant on the 21st day of March,

1884, was trustee of 1201. 17s. 8d., wholly for the benefit of the Trustee of pro- bank, and unlawfully converted it to his own use. ceeds of goods.

The 15th count, that defendant on the 3rd day of March, 1884, was trustee of 1641 cases of currants, 300 cases of currants, and 204 half-cases of currants, ex Trinidlad, wholly for the benefit of the bank, and unlawfully converted them to his own use.

The 16th count, that defendant on the 3rd day of March, 1884, was trustee of 1641 cases of currants, 300 cases of currants, and 204 half-cases of currants, all ex Trinidad, partially for the benefit of the bank, and unlawfully converted a part of the said property, to wit, 204 half-cases of currants, to his own use.

The 17th count, that defendant on the 3rd day of March, 1884, was trustee of 204 half-cases of currants, marked “D. S. A. extra fine Vostizza,” partially for the benefit of the bank, and unlawfully converted the same to his own use.

The 18th count, that defendant on the 3rd day of March, 1884, was trustee of 1201. 178. 8d., partially for the benefit of the bank, and unlawfully converted it to his own use

The 19th count, that defendant on the 2nd day of November, 1883, was a trustee of 1641 cases of currants, 300 cases of currants, and 204 half-cases of currants, all ea Trinidad, partially for the benefit of the Liverpool Union Bank, Limited, and that he unlawfully converted the same to his own use with intent to defraud.

John Townshend, the defendant, had, previous to the time of the commission of the offences alleged against him, carried on the business of a fruit merchant and broker, in Stanley-street, Liverpool, under the style of Brockbank, Townshend, and Co., he being the sole member of the firm, and he had been a customer of the Liverpool Union Bank for some eight years, during which period similar transactions to those now being inquired into had taken place; that is to say, defendant had been in the habit of obtaining from the bank, advances as against goods in the hands of customers. On the 15th day of October, 1883, he made application to the bank for an advance to him of 15001., on the security of certain cases of currants which had not then arrived, and on the same day he addressed a note of application for the loan to the bank in the following form, viz. : From Brockbank, Townshend, and Co.,

15th Oct., 1883. Stanley Buildings, 30, Stanley-street,

Liverpool Union Bank, Liverpool

(Limited.)
No. 2 Account Loan required £1500.

Security.
1 B. of L. 500 } barrels currants ex Malta, value £1100
580 cases

798

To

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£1898.

customer

Thus showing a margin of 3001. odd. The bank agreed to make REG

1'. the advance, and on the same date the ordinary form of hypothe

TOWNSHEND. cation note was signed by the prisoner, as required by the bank previous to their making the advance :

1884. Liverpool, 15th Oct. 1883. Banker and To the Liverpool Union Bank Limited. (6d. stamp.]

Trustee of proÎn consideration of your advancing the sum of fifteen hundred pounds, say 15001. ce«ds of goods. (repayable on demand) we hereby undertake to hold in trust for you the underspecified produce (now warehoused as at foot in our name and to our sole order, and subject to no charges except warehouse rent thereon-and to hand to you the proceeds, as and when received, to the amount of the advance, holding ourselves responsiblo for any deficiency. We further undertake, on request, to transfer the produce to you, or as you shall direct, in which event it is agreed that you shall have absolute power of sale.

The property is insured against all fire risks in the Manchester Fire Insurance Company, and we undertake to keep it fully covered, to hold the policy on your account, and, in the event of loss, to collect the insurance money, and to pay the samo to you as and when received.

The produce is not sold, and we expect to receive the proceeds within about from this date.

BROCKBANK, TOWNSHEND, and Co. And in the schedule attached was a description of the produce referred to—its present and estimated value after deducting all charges-and the name and number of the warehouse and the name of the warehouse keeper.

On receipt of this undertaking the bank made the advance in the ordinary way by honouring the cheque of their customer. At that moment the prisoner was not in a position to hand over the bills of lading; the goods belonged to a firm of foreign merchants, importers of such goods, and the advance was made to enable the prisoner's firm, as representing the foreign merchants, to take up the bills of lading out of the hands of some other persons who had made advances on the goods. This advance having been made, the bills of lading were obtained, and, after being indorsed, brought to the bank on the 15th day of October, who then became the owners of them to the amount of their advance.

On the 17th day of October the goods had arrived, and the prisoner on that day came to the bank in order to obtain their consent to his obtaining delivery of the goods, and the bills of lading were then handed to him for that purpose, and a receipt for them taken from him in the following terms :

Liverpool, 17th Oct. 1883. Received from the Liverpool Union Bank Limited the undermentioned documents,

viz. :

B. of lading 500 } brls Currants, ex Malta.

580 c.p.

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"BROCKBANK, TOWNSHEND, AND Co. On the 24th day of October, 1883, another application was made by the prisoner to the bank, in a form similar to that of the 15th day of October, for a further loan of 24001. on the security of bills of lading representing a total of 31741. On the same day prisoner signed the letter of hypothecation (exactly

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