The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

122 ~392,393 CRIMINAL CODE
(3) The taking or conversion may be fraudulent, although it is
effected without secrecy or attempt at concealment.
(4) En the case of conversion, it is immaterial whether the thing
converted is taken for the purpose of conversion, or whether it is at the
time of the conversion in the possession of the person who converts it.
Et is also immaterial that the person who converts the property is the
holder of a power of attorney for the disposition of it, or is otherwise
authorised to dispose of the property.
(5) men a thing converted has been lost by the owner and found
by the person who converts it, the conversion is not deemed to be
fraudulent if at the time of the conversion the person taking or converting
the thing does not know who is the owner, and believes, on reasonable
grounds, that the owner cannot be discovered.
(6) The act of stealing is not complete until the person taking or
converting the thing actually moves it or otherwise actually deals with it
by some physical act.
(7) The terrn “owner” in this section includes the owner, any part
owner, or any person having possession or control of, or a special property
in, the thing in question.
As amended by Act of 1943, 7 Geo. 6 No. 14, s. 15.
Cases. (1) When a wild animal in the enjoyment of its
has been killed by any person, the taking of the dead body
of the animal by that person, or by any person acting under his orders,
before it has been reduced into actual possession by the owner of the
land on which the animal was killed or on which it died, is not deemed
to be stealing.
(2) When a factor or agent pledges or gives a lien on any goods
or document of title to goods entrusted to him for the purpose of sale or
otherwise for any sum of money not greater than the amount due to him
from his principal at the time of pledging or giving the lien, together with
the amoixnt of any bill of exchange or promissory note accepted or made
by him for or on account of his principal, such dealing with the goods
or document of title is not deemed to be stealing.
(3) When a servant, contrary to his master’s orders, takes from his
possession any food in order that it may be given to an animal belonging
to or in the possession of his master, such taking is not deemed to be
stealing.
nds, etc., held
on. 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:
Provided that if the person receiving the money, security or power
of attorney, and the person from whom he 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