492 CRIMES AND PUNISHMENTS. [ART. 27.

faith and contrary to the object or purpose for which such chat-
tel 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 misde-
meanor, and being convicted thereof, shall be liable to the punish-
ments which the court may award, as hereinbefore mentioned.

1867, ch. 386, sec. 3.

94. Nothing contained in the preceding section relating to
agents shall affect any trustee in or under any instrument what-
ever, or any mortgagee 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, attor-
ney 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 possession 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.

Ibid. sec. 4.

95. 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 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,