who takes or converts it, although he or she may intend
afterwards to repay the amount to the owner,
and “special owner” includes any person who has any charge or lien upon the
thing in question or any right arising from or dependent upon holding
possession of the thing in question.
(3) A person shall be taken to use money at his or her own will for
the purposes of subsection (2)(e), if that person deliberately or recklessly
exceeds the limits of authority allowed to him or her, or deliberately or
recklessly disregards any rules of procedure, prescribed by the owner in
respect of the money.
(4)
(a)
(b)
When a thing stolen is converted, it is immaterial—
whether it 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;
that the person who converts the thing in question is the holder of
a power of attorney for the disposition of it, or is otherwise
authorised to dispose of it.
(5) When 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) A person shall not be deemed to take a thing unless he or she
moves the thing or causes it to move.
(7) Without prejudice to the general effect of subsection (6), a person
shall be taken to have moved money if that person moves or causes it to be
moved from one account to another or otherwise out of the original account.
255. Special cases.
(1) When a factor or agent pledges or gives a lien on any goods or
document of title to goods entrusted to him or her for the purpose of sale or
otherwise for any sum of money not greater than the amount due to him or
her from his or her principal at the time of pledging or giving the lien,
together with the amount of any bill of exchange or promissory note accepted
or made by him or her for or on account of his or her principal, such dealing
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