Frauds by Trustees Act 1863 (SA)

ANNO VICESIMO SEXTO El' VICESIMO SEPTIiMO

A.D. 1863.

No. 1.

An Act to mlxke provision for the Pulzishme~zt of Frauds co?nmitted by

Frustees, Bankers, and other Persons i.nkusted with Property.

[Asscntcd to, 12th Noveinber, 1863.1

HERFAS it is expedient to make better provision for the Preamble.

W punishment of frauds committed by trustees, bankers, and	othcr persons intrusted with property-Be it therefore Enacted by
the Governor-in-Chief of the Province of 'South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. If any person being a trustee of any property for the benefit, Fraudulent disrosal

d

either wholly or partially, of somc othcr person, or for any public or tees,	of property by trur-
charitable purpose, shall, with intent to defraud, convert or appro- priate the same, or any part &hereof, to or for his own use or purposes,
or shall, with intent aforesaid, otherwise dispose of or destroy such
propcrty, or any part thereof, he shall be guilty of a misdemeanor.

2. If any person being a banlrcr, merchant, broker, attorney, or Fraudulent selling, agent, and being intrusted for eafe custody with the property of any &C., by bankers, &C. other person, shall, with intent to defraud, sell, negotiate, transfer,

pledge, or in any manner convert or appropriate to or for his own use, such, property, or any part thereof, he shall be guilty of a misdemeanor.

3. If any person intrusted with any power of attorney for the sale And by ersona under

or transfer of any property shall fraudulently sell, or transfer, OX misdemcanore,

power a l attorney,

otherwise convert such property, or any part thereof to his own use

or benefit, he shall be guilty of a misdemeanor,,

4. If

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Frauds by Trustees Act.-1 86 3,

frauddentb

converting property,	4, If any person being a bailee of any property shall fraudulently talrc or convert the same to his own use, or the use of anv person other than the owner thereof, although he shall not breakv bhk, or otherwise determine the bailment, he shall be guilty of larceny.
larceny.

DbeotOrs~~o~~frauau~

lently appropriating	5, If any person being a director, member, or public officer of any body corporate, or public company, shall fraudulently take or apply for his own use any of the money or other property of such body corporate or public company, he shall be guilty of a misdemeanor.
property.
Or keeping fraudulent
SCCOUI~~S.	6. If any person being a director, public officer, or manager, of any body corporate, or public company, shall as such receive or possess himself of any of the money or other propcrty of such body corporate or public company, otllerwise than in payment of a just debt or demand, aud shall, with intent to defraud, omit to make, or to cause or to direct to be made, a full and true entry thereof in the books and accounts of such body corporate or public company, he shall be guiltv of a misdemeanor.
Or wilfully destroying
books, &C.	7, If any director, managcr, public officer, or member of any body corporatc or public company, shall, with intent to defraud, destroy, alter, mutilate, or fdsify any of the books, papers, writings, or secarities belonging to the body corporate or public company of which he is a director or manager, public officer, or member, or make or concur in the making of any false entry or any material. omission in any book of account, or other document, he shall be griilty of a rnisdemeanor.
Or puwiaing frRud'c

lent statements, guilty 8. If any director, manager, or public officer of any body corporatc

of misdexueanor.	or public company shall make, circulate, or publish, or concur in making, circul&ng, or publishing, any writtenbtaterncnt or account which hc shdl know to be false in any material particular, with
intent to deceive or defraud any member, shareholder, or creditor of such body corporate or public company, or with intent to induce ally person to become a shareholder or partner thcrein, or to intrust
or advance any money or property to such body corporate or public company, or to enter into any security for the benefit thereof, he shall be guilty of a misdemeanor.
Receivers of property

fraudulently diaposcd 9. If any person shall receivc any v chattel, money, or valuable

guilty ofmisdemeacor. render the party disposing thereof guilty of a misdemeanor under of, knowing, &C., security which shall have been so frsudulcntly disposed of as to

any of the provisions of this Act, knowing the same to have been ss

fraudulently disposed of, he shall be guilty of a misdemeanor, and .may be indicted and convicted thereof, whether the party guilty of

the principal misdemeanor shall or shal) not have been previously

convicted, or shall or shall not have been amenable to justice.

Punishment for a

miderneanor under 10. Any person found guilty of a rnisdemeanor under this Act

his A C ~. &all be liable, at the discretio~l of the Court, to suffer such punish- ment

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Frauds by Trustees Act.-1863.

ment by imprisonment for not more than seven years, with or

without 11ard lnbor, as the Court shall award.

11. Nothing in this Act shall enable or entitlc any person to No person exempt from giving evidence,

refuse to ~ m k e a full and complete discovery by answer to any bill BFC. . W

in equity, or to answer any or intcrrogatory in any " civil proceeding in any Court of Law or Equity, or in the Court of Insolvency, but no answer to any such bill, question, or interro- gatory, shall be admissible in evidcnce against such person in any procceding under this Act.

12. Nothing in this Act, or any proceeding, conviction, or juds- No remedy at Inw or in equity shall Le

ment, to bc lzad or taken thereon against m y person -~lndeu this ~ o n v t c t i o n ~

Act, shall pmvent, lessen, or impeach any remedy at law or in : ;n~;;;$;;d i ! ; in

equity which any person aggrieved by any offence against this Act suits.

might have had if this Act had not been passed; but no conviction

of any such offender shall be received in' evidence in any action at

law or suit in equity against him; and nothing in this Act shall affect or prejudice any agreement entcrcd into, or security given, by any trustec, having for its object the restoration or repay- ment of any tri-1st property misappropriated.

13. No proceeding or prosecution for any offence included in the No prosecution shall beconimenced without

first section, but not included in any other section of this Act,- shall the ,,nc,ion ,f ,,,,

be commenced without the sanction of one of the Judges of the ~	~	Attor-	~	~	~	e	~	~	~	;
Supreme Court, or of the Attorney-G encral; provided that, where any civil proc!eeding eE~all have bccn taken against any person to whom the p~.orisions of the said first section but not of any other section of this Act may apply, no person who shall have taken such civil proceeding shall commence any prosccution under this Act without the sanction of the Court or Judge before whom such civil proceeding shall have been had or shall be pending.

14. If, upon thc trial of any pcrson under this Act, it shall appear AB which

that the offellcc proved amounts to larceny, he shall not by reason amount to larceny.

thereof be entitled to be acquitted of a misdemeanor under this

Act.

15. No rnisdemeanor against this Act shall be prosecuted or tried at any Local Court. ~ ~ ~ ~ ~ ~ c ", " ~ $ ~ $ $ o u r k,

exprcss trust created by some deed, will, or instrument in writing, tain terms. 16. The word "Trustee" shall in this Act mean a trustee on some Interpretation of ccr.

and shall also include the heir and personal representative of any such trustee, and also all executors and administrators, receivcrs

under any Act of the Parliament, or under any decree or order

of the Supreme Court of thc said Province, and a11 assignees in insolveizcy; thc word " Property," shall include every description of real or personal property, goods, raw or other materials, money, debts, and legacies, and all deeds and instmments relating to or evidencing the title or right to an? property, or giving n right to recover or

receive

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receive any monev or goods, and the word 'G Property" shall also denpte and include not only such real and personal as may have been the original subject o f a trust, but also any real or persoid property into which the same may have been converted or exchanged, and the proceed^ thereof respectively, and anything acquired by

such proceeds.

Short title. 17. This Act may be cited as the "Frauds by Trustees Act,

11363."

In the name ancl on Eehalf of the Queen I hereby assent to

this Act.

I). DALY, Governor.

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Adelaide: Printed by authority, by W. C. COX, Go~ernment rrinter, Victoria-square.