Repealed or not in force · As amended up to 2026-08
VI. And whereas it is expedient to prevent the improper deposit of pledge of Goods, Wares, or Merchandize, or the documents relating to such Goods, Wares, or Merchandize, intrusted or consigned as aforesaid to Factors or Agents; be it therefore enacted, that if any such Factors or Agents, at any time from and after the said first day of October, one thousand eight hundred and twenty-six shall deposit of pledge any Goods, Wares, or Merchandize, intrusted or consigned as aforesaid to his or her care or management, or any of the said several documents so possessed or intrusted as aforesaid, with any person or persons, body or bodies, politic or corporate, as a security for any money or negotiable instrument or instruments borrowed or received by such Factor or Agent, and shall apply or dispose thereof to his or her own use, in violation of good faith, and with intent to defraud the Owner or Owners of any such Goods, Wares, or Merchandize, every person so offending, in any part of the United Kingdom, shall be deemed and taken to be guilty of a misdemeanor, and being convicted thereof according to law, shall be sentenced to transportation for any term not exceeding fourteen years, or to receive such other punishment as may by law be inflicted on persons guilty of a misdemeanor, and as the Court before whom such offender may be tried and convicted shall adjudge.
May be transported not exceeding fourteen years, &c.
Not to extend to cases in which the Agent has not made the Goods a security for any sum beyond the extent of his own lien.
Acceptances of Bills by an Agent not to create a lien so as to excuse the pledge, unless the Bills are paid when due.
upon repayment of the money, or on restoration of the negotiable instrument or instruments so advanced or given on the security of such Goods, Wares, or Merchandize as aforesaid, by such person or persons, body or bodies, politic or corporate, to such Factor or Factors, Agent or Agents; and upon payment of such further sum of money, or on restoration of such other negotiable instrument or instruments (if any) as may have been advanced or given by such Factor or Factors, Agent or Agents, to such Owner or Owners, Proprietor or Proprietors, or on payment of a sum of money equal to the amount of such instrument or instruments; nor to prevent the said Owner or Owners, Proprietor or Proprietors, from recovering of and from such person or persons, body or bodies, politic or corporate, any balance or sum of money remaining in his, her, or their hands, as the produce of the sale of such Goods, Wares, or Merchandize, after deducting thereout the amount of the money or negotiable instrument or instruments so advanced or given upon the security thereof as aforesaid: Provided always, that in case of the bankruptcy of any such Factor or Agent, the Owner, or Owners, Proprietor or Proprietors of the Goods, Wares, and Merchandize so pledged and redeemed as aforesaid, shall be held to have discharged pro tanto the debt due by him, her, or them to the Estate of such Bankrupt.
In case of bankruptcy of Factor, the Owner of Goods so pledged and redeemed shall be held to have discharged pro tanto the debt due from him to Bankrupt.
Agents fraudulently pledging the Goods of their principals deemed guilty of a misdemeanor.
Source: India Code