ART. 72.] CRIMES AND MISDEMEANORS, ETC.

without any authority to sell, negotiate, transfer, or pledge, and he
shall, in violation of good faith and contrary to the object or pur-
pose for which such chattel, or security, or power of attorney shall
have been intrusted to him, sell, negotiate, transfer, pledge, or in
any manner convert to his own use or benefit such chattel or se-
curity, 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 last
mentioned.

797

60. Nothing hereinbefore contained, relating to agents, shall af-
fect 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

1867, c 386
Not to affect
trustee or
mortgagees

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 this act had
not been passed, nor from selling, transferring, or otherwise dispos-
ing of any securities or effects in his possession, upon which he shall
have any lien, claim, or demand, entitling him by law so to do, un-
less 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.

Not to restrain
brokers, etc ,
from selling,
etc , securities
under lien or
claim

61. If any factor or agent, intrusted, for the purpose of sale,
with any goods or merchandise, or intrusted 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 mer-
chandise, or any of the said documents 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

1867, c 386
Fraudulent
hypothecation
by factors.

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 pay-
ment 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 amount of any
bill or bills of exchange drawn by or on account of such principal,
and accepted by such factor or agent.

In what cases
hypothecation
by them legal