section 491.1(3)

SECTION WORDING

491.1(3) An order shall not be made under subsection (2) (a) in the case of proceedings against a trustee, banker, merchant, attorney, factor, broker or other agent entrusted with the possession of goods or documents of title to goods, for an offence under section 330, 331, 332 or 336; or (b) in respect of (i) property to which a person acting in good faith and without notice has acquired lawful title for valuable consideration, (ii) a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it, (iii) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed, or (iv) property in respect of which there is a dispute as to ownership or right of possession by claimants other than the accused or defendant.