|
1148 ARTICLE 27
valuable security, or any power of attorney for the sale or transfer of
any share or interest, or certificates of any share or interest in any stock
of this or any other State or of the United States, or of any foreign
State, or in any funds or capital stock of any body corporate, company
or society, shall be entrusted to any banker, broker, merchant, attorney
or other agent, for safe custody, or for any special purpose without any
authority to sell, negotiate, transfer or pledge, and he shall, in violation
of good faith and contrary to the object or purpose for which such chattel
or security or power of attorney shall have been entrusted to him, sell,
negotiate, transfer, pledge or in any manner convert to his own use or
benefit such chattel or security or the proceeds of the same or any part
thereof, or the share or the interest in the stock or fund to which such
power of attorney shall relate, or any part thereof, every such offender
shall be guilty of a misdemeanor, and being convicted thereof shall be
liable to the punishments which the court may award, as hereinbefore
mentioned.
As to defaulters, see sec. 81.
As to the "Blue Sky" law, see art. 32A, sec. 14, et seq.
An. Code, 1924, sec. 166. 1912, sec. 145. 1904, sec. 131. 1888, sec. 94. 1867, ch. 386, sec. 3.
180. Nothing contained in the preceding section relating to agents
shall affect any trustee in or under any instrument whatever, or any mort-
gagee of any property, real or personal, in respect of any act done by such
trustee or mortgagee in relation to the property comprised in or affected
by any such trust or mortgage, nor shall restrain any banker, broker,
merchant, attorney or other agent from receiving any money which shall
be or actually becomes due and payable upon or by virtue of any valuable
security according to the tenor and effect thereof, in such manner as he
might have done if said section had not been passed, nor from selling,
transferring or otherwise disposing of any securities or effects in his pos-
session upon which he shall have any lien, claim or demand entitling him
by law so to do, unless such sale, transfer or other disposal shall extend
to a greater number or part of such securities or effects than shall be
requisite for satisfying such lien, claim or demand.
An. Code, 1924, sec. 167. 1912, sec. 146. 1904, sec. 132. 1888, sec. 95. 1867, ch. 386, sec. 4.
181. If any factor or agent entrusted for the purpose of sale with
any goods or merchandise, or entrusted with any bill of lading, warehouse-
keeper or wharfinger certificates or warrant, or order for delivery of goods
or merchandise, shall, for his own benefit, or in violation of good faith,
deposit or pledge any such goods or merchandise, or any of the said docu-
ments as a security for any money or negotiable instrument borrowed
or received by such factor or agent at or before the time of making such
deposit or pledge or intended to be thereafter borrowed or received, every
such offender shall be guilty of a misdemeanor, and being convicted thereof
shall be imprisoned in the penitentiary for a term of not more than ten
years nor less than three years, and be fined not more than five thousand
nor less than one thousand dollars; but no such factor or agent shall be
liable to any prosecution for depositing or pledging any such goods or
merchandise, or any of the said documents, in case the same shall not be
made a security for or subject to the payment of any greater sum of money
than the amount which, at the time of such deposit or pledge, was justly
due and owing to such factor or agent from his principal, together with the
|
 |