That is.a complete contradiction, and then, again, there is the latter provision' that the proceeds of the sale of these goods shall be used for the retirement of the draft?
That means it is not clear as to the ownership, Such a conflicting prom vision is at once misleading and cone fusing, and is no doubt due to the desire of the bank to secure pay ment of their drafts drawn upon and, at the same time, to ran no risk of failing to realize the sale of these goods, or selling at a lous which they would have to incur they.were the real owners. of goods, and were to put them on the market for sale on their own account. On the other hand, amt importer who is ready to sign the trust receipts, whereby the right of pledge is nominally changed into the right of ownership, is also pelled by the necessity of obtaining a credit, Tt has not been proved, beyond doubt, that a right of ownership has been created by such an ambiguous transaction. You cannot be owner and mortgagee at the same time, 4 Sherafog fal to ae that the oom wants have proved that they are the bona fide owners of the goods covered by the trust yeeeipts, and the fact that it is stipulated in such trust receipts that the proceeds of the sale of such goods shall be applied to the retirement of the drafts, for which the goods are pledged, as collateral security, tends to increase my hesitation." That being 80, the relationshty between the parties in the present case cannot be other than that of creditors and debtors, and, as such, no criminal lability can lio, when A debtor fails to fulfil his el tion jow, turning to the second ale ternative charge. Article 383 pro~ vides that Whoever, with intend to benefit himself, to injure his principal, acts in any way contrary to his duties in the management of the affairs of such principal, and thereby causes damage to the property of "the latter, shall be punished," ete. is obvious that the offence under this article consists of three elements, 1. There must be an intention on the part of the-accused to benefit himself, or a third person, or to injure his principal.
2. There must be some act done contrary to his duty as an agent or officers, and 3. Such an act must cause some damage to the property of the No Criminal Liability wht de ued the "tow leaving ale the qos
agent of the complainants, it is
Text read from the printed page and cleaned; old type leaves the occasional error.