CRIMINAL CODE 1899 - SECT 393
Funds etc. held under direction
CRIMINAL CODE 1899 - SECT 393
Funds etc. held under direction
393 Funds etc. held under direction
(1) When a person receives, either alone or jointly with another person, any
money or valuable security, or a power of attorney for the sale, mortgage,
pledge, or other disposition, of any property, whether capable of being stolen
or not, with a direction in either case that such money or any part thereof,
or any other money received in exchange for it, or any part thereof, or the
proceeds or any part of the proceeds of such security, or of such mortgage,
pledge, or other disposition, shall be applied to any purpose or paid to any
person specified in the direction, such money and proceeds are deemed to be
the property of the person from whom the money, security, or power of
attorney, was received until the direction has been complied with.
(2)
However, if the person receiving the money, security or power of attorney, and
the person from whom the person receives it ordinarily deal with each other on
such terms that in the absence of any special direction all money paid to the
former on account of the latter would be properly treated as an item in a
debtor and creditor account between them, the former can not be charged with
stealing the money or any such proceeds unless the direction is in writing.
