Victorian Consolidated Legislation

Instruments Act 1958 - SECT 81

Frauds by mortgagor etc.

81. Frauds by mortgagor etc.

Any grantor of any preferable lien on wool or of any mortgage of stock under
this Part and any overseer or servant of such grantor, who afterwards sells or
delivers the wool under any such lien to any purchaser or other person without
the written consent of the lienee his executors administrators or assigns, or
sells or disposes of or causes to be sold or disposed of without such written
consent as aforesaid any of the sheep whereon such wool is growing, with
intent to defraud such lienee of any of such wool, or of the value thereof; or
who, after the due execution and

registration of any such mortgage in any manner without the written consent of
the mortgagee thereof his executors administrators or assigns, sells or
disposes of or causes to be sold or disposed of any stock comprised in the
mortgage,

with intent to defraud the mortgagee; or who in any way or by any means
whatsoever or howsoever directly or indirectly destroys defeats invalidates or
impairs with intent to defraud, and any other person who wilfully and
knowingly incites aids or abets any such grantor overseer or servant directly
or indirectly to defeat destroy invalidate or impair, the right of property of
any lienee in the wool of any sheep mentioned and described in any such
registered agreement as aforesaid, or the right of property of any such
mortgagee as aforesaid in any stock comprised in any mortgage duly executed
and registered as aforesaid under the provisions of this Part, and any
purchaser of the interest of the mortgagor his executors or administrators in
any stock comprised in any such mortgage; and any purchaser of the interest of
any grantor of any preferable lien on wool or the executors or administrators
of any such grantor; and any overseer or servant of such p urchaser
respectively who in any way or by any means whatsoever directly or indirectly
destroys defeats invalidates or impairs, or any other person who wilfully and
knowingly incites aids or abets any such purchaser overseer or servant
directly or indirectly to defeat destroy invalidate or impair, the right of
property of any such mortgagee or lienee as aforesaid his executors
administrators or assigns respectively in any stock comprised in any such
mortgage or lien with intent to defraud such mortgagee or lienee his executors
administrators or assigns, shall be guilty of an indictable offence, and being
thereof duly convicted shall be liable in the discretion of the court before
whom any such offender is so convicted to fine or imprisonment, or to both
fine and imprisonment; such imprisonment may in either case be for a term of
not more than five years.