ART. 27] FRAUD—BAILEES. 823

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,
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 dis-
posing 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.

1888, art. 27, sec. 95. 1867, ch 386, sec. 4.

132. 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 war-
rant, 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 mak-
ing 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 peniten-
tiary 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 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 auch factor or agent.

Ibid. sec. 96. 1867, ch. 386, sec. 5.

133. Nothing in the three preceding sections contained, nor
any proceeding, conviction or judgment to be had or taken
thereupon against any banker, broker, merchant, factor, attor-
ney or other agent as aforesaid, shall prevent, lessen or impair