Trustee and Directors Frauds Prevention Act 1858 No 19a (NSW)

No. XVI.

An Act for the prevention of Frauds by Trustees Directors of Companies and otliers in certain cases. \^nd November, 1858.] ivrsT fhauds.

\ I rTIEllEAS it is expedient to make better ])rovision lor the i>reami)ie. Public Companies and other persons intrusted with propei'ty in tli<‘ eases hereinafter mentioned Be it enacted Iry the Queen’s Most Excellent Majesty by and with the advice and consent of the Legisla­ tive Council and Legislative Assembly of New South MAles in Parlia- immt assembled and by tin; authority of the same as follows ;—

1. If any trustee of property for the benefit either wholly or 'miKtoes fiaudu-

partiallv of some other person or for any public or charitabh* purpose aisposing of

shall in any manner with intent to defraud misappropriate or destroy	'
such property or any part thereof he shall be guilty of a misdemeanor.

2. Provided that where any civil proceeding is pending in any No prosecution in

Court respecting such misappropriation or destruction no prosecution ‘,’̂ '5'javeofl

shall be instituted or person be committed or held to bail for an

'

offence against the preceding enactment without the leave of such

Court or some Judge thereof.

3. Eor the purposes of this Act the word “ trustee ” shall int rpretutiou of

mean a trustee (whether named or acting alone or jointly with any other or others) under some express trust created by dci'd will or other instrument in writing and shall include every person on whom such trust may devolve by operation of law or otherwise and shall extend to executors and administrators and assigns in Insolvency And the word “ property” shall include every description of real and personal projicrty money and securities for money debts and legacies and all deeds and instruments relating to any such property and not, only the original subject of the trust or the property intrusted for safe custody or for sale or transfer but also any property into whicli the same may have been converted and the proceeds thereof respec­ tively.

3190	No. 16.	22" VIC.	1858.
Trust Frauds.
ten jiowcr fraudu­

Persons iin(ler writ­ 4. If any pei’son intrusted by any written instrument with the

lently disposing of

sale or transfer of property shall in any manner with intent to defraud

for sale.

]n operty intrusted

misappropriate or destroy such property or any part thereof he sluiil

be guilty of a misdemeanor.

lic company frandu-

Directors &c, of pub­

5. If any director public officer manager or member of any dcfraud misappropriate or destroy any of the property of such body corporate or company (whether he be a member thereof or not) he shall be guilty of a misdemeanor.

lentiy appro^

bo(ly Corporate or public company shall in any manner Avith intent to

property

Or keeping fraudu­

lent accounts

0. If any director public officer or manager of any body corporate or public company shall as such rccewe or possess himself of any of the property of such body corporate or company otherwise than in payment of a just debt or demand and shall with intent to defraud omit to make a true entry thereof in the books or accounts of such body corporate or company or to direct such entry to be made he shall be guilty of a misdemeanor.

Or wilfully destroy­	7.	If any director jmblic officer manager or member of any body
ing books

corporate or public company shall with intent to defraud destroy mutilate falsify or alter any book paper entry security or document belonging to such body corporate or company or make or concur in making any false entry or bo guilty of or concur in any material omission in any such book paper security or document he shall be guilty of a misdemeanor.

Or publishing fraudu­

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

corporate or public company shall make circulate or publish or concur in making circulating or publishing any written statement or account Avhich he shall know to be false in any material particular Avith intent to deceive or defraud any person or Avith intent to induce any person to become a shareholder or partner in or to intrust or advance pro2)erty to such body corporate or company or to enter into any security for the benefit thereof ho shall be guilty of a misdemeanor.

Receiving property.	9. If any person shall receive any property fraudulently mis- apj)ropriated Avithinthe meaning of this Act knoAving the same to haA C been misappropriated he shall be guilty of a misdemeanor.
Pmiislnnent of

offences. 10. Every person guilty of a misdemeanor under this Act shall

be liable to such punishment by hard labor on the roads or other ]mblic Avorks for not more than five years or by imprisonment for not more than three years with or Avithout hard labor or by fine with or Avithout imju’isonment as the Court shall aAvard.

Persons not exempt 11. Aothing in this Act shall enable any person to refuse to

from answering

questions.	make a complete discovery by ansAver to any question or interrogatory in any ciA’il proceeding but no such ansAver shall be admissible in evidence against such jAcrson in any criminal prosecution other than a proseciAtion for perjury.
No civil remedy
affected.	12. Iso j)roceeding or conviction under this Act shall affect any remedy at law or in cc[uity Avhich any party aggrieved might have had if this Act had not been passed but no conviction of any offender under this Act shall be received in evidence in any civil ]Ai’oceeding against him.

Offences not triakle 13. No prosecution under this Act shall be instituted in any

at Sessions. Court of General or Quarter Sessions.

Form of indictment. 14. In prosecutions under this Act it shall be sufficient to allege

an intent to deceive or defraud Avithoiit specifying the persons or jAerson or body corporate or company intended to be deceh'ed or defrauded And in jAi’Osecutions under the eighth section to allege an intent to induce persons to become shareholders or partners or to intrust or advance property or to enter into security as mentioned in that section Avithout specifying any particular persons or person or any particular property or seciirity And in prosecutions under the first section it

shall

1858. 22̂ VIC. No. 17 3191

Assessment on Huns.

shall be sufficient to state that the party charged Avas a trustee of the property misappropriated or destroyed AA’ithout specifying in what manner he was trustee and to specify one of the persons or purposes if more than one for Avhom or which the party charged was such tnrstee.