ART. 27.] FRAUD—CORPORATE MISREPRESENTATION. 493

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 or less than three years, and be
fined not more than five thousand or less than one thousand dol-
lars; but no such factor or agent shall be liable to any prose-
cution 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 amount of any bill or bills of
exchange drawn by or on account of such principal, and accepted,
by such factor or agent.

1867. ch. 386, sec. 5.

96. Nothing in the three preceding sections contained, nor
any proceeding, conviction or judgment to be had or taken there-
upon against any banker, broker, merchant, factor, attorney or
other agent as aforesaid, shall prevent, lessen or impair any
remedy at law or in equity, which any party aggrieved by any
such offence might or would have had if the said three sections-
had not been passed; but nevertheless the conviction of any suck
offender shall not be received in evidence in any action at law or
suit in equity against him; and no banker, broker, merchant, fac-
tor, attorney or other agent as aforesaid, shall be liable to be con-
victed by any evidence whatever as an offender against these;
sections in respect of any act done by him, if he shall at any-
time previous to his being indicted for such offence have dis-
closed such act on oath in consequence of any compulsory pro-
cess of any court of law or equity in any action, suit or proceeding
which shall have been bona fide instituted by any party aggrieved

Fraud—Corporate Misrepresentation.

1878, ch. 170.

97. Any officer or agent whatsoever of any corporation who
shall fraudulently sign, or in any other manner assent to any
statement or publication, either for the public or the shareholders
thereof, containing untruthful representations of its. affairs, assets