or within four months next before such presentation or commencement, he fraudulently removes any part of his property of the value of £10 or upwards :

(6.) If he makes any material omission in any statement relating to his affairs, unless the jury is satisfied that he had no intent to defraud:

(7.) If, knowing or believing that a false debt has been proved by any person under the bankruptcy or 1 liquidation, he fail for the period of a month to inform such trustee as aforesaid thereof:

(8.) If after the presentation of a bankruptcy petition. [by or] against him, or the commencement of the 1liquidation, he prevents the production of any book, document, paper, or writing affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law:

(9.) If after the presentation of a bankruptcy petition [2 by or] against him, or the commencement of the 1liquidation, or within four months next before such presentation or commencement, he conceals, destroys, mutilates, or falsifies, or is privy to the concealment, destruction, mutilation, or falsification of any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intention to conceal the state of his affairs or to defeat the law:

(10.) If after the presentation of a bankruptcy petition [by or] against him or commencement of the liquidation, or within four months next before such presentation or commencement, he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law.

(11.) If after the presentation of a bankruptcy petition [by or] against him or the commencement of the liquidation, or within four months next before such presentation

1 See note I., ante, p. 380.
2 46 & 47 Vict. c. 52, s. 163 (i.)

or commencement, he fraudulently parts with, alters, or makes any omission, or is privy to the fraudulently parting with, altering, or making any omission in any document affecting or relating to his property or affairs:

1

(12.) If after the presentation of a bankruptcy petition [2 by or] against him or the commencement of the liquidation, or at any meeting of his creditors within four months next before such presentation or commencement, he attempts to account for any part of his property by fictitious losses or expenses:

(13.) [+ If within four months next before the presentation of a bankruptcy petition by or against him, or in case of a receiving order made under section 103 of the Bankruptcy Act 1883, before the date of the order] or the commencement of the liquidation, he, by any false representation or other fraud, has obtained any property on credit, and has not paid for the same:

(14.) [5 If within four months next before the presentation of a bankruptcy petition by or against him, or in case of a receiving order made under section 103 of the Bankruptcy Act 1883, before the date of the order] or the commencement of the liquidation, he, being a trader, obtains, under the false pretence of carrying on business and dealing in the ordinary way in his trade, any property on credit, and has not paid for the same, unless the jury is satisfied that he had no intent to defraud:

(15.) [5 If within four months next before the presentation of a bankruptcy petition by or against him, or in case of a receiving order made under section 103 of the Bankruptcy Act 1883, before the date of the order] or the commencement of the liquidation, he, being a trader, pawns, pledges, or disposes of otherwise than in the ordinary way of his trade, any property which he has obtained on credit and has not paid

1 See Ex parte Brett, 1875, 1 Ch. D. 151.

2 46 & 47 Vict. c. 52, s. 163, (i.)

3 See Note I., ante, p. 380.

4 53 & 54 Vict. c. 71, s. 26.

553 & 54 Vict. c. 71, s. 26, and see Ex parte Brett, supra.

for, unless the jury is satisfied that he had no intent to defraud:

(16.) If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs, or his bankruptcy or 1 liquidation.

1

ARTICLE 431.

UNDISCHARGED BANKRUPT OBTAINING CREDIT.

Where an undischarged bankrupt who has been adjudged bankrupt under the Bankruptcy Act 1883 obtains credit to the extent of £20 or upwards from any person without informing such person that he is an undischarged bankrupt, he commits a misdemeanor to which all the provisions of the last Article apply.2

ARTICLE 432.

FALSE CLAIM ON BANKRUPT'S ESTATE.

3 Every one commits a misdemeanor and is liable upon conviction thereof to one year's imprisonment and hard labour,

Who being a creditor in any bankruptcy or 1 liquidation by arrangement or composition with creditors in pursuance of the Bankruptcy Acts 1883 and 1890 wilfully and with intent to defraud makes any false claim, or any proof, declaration, or statement of account which is untrue in any material particular.

ARTICLE 433.

OFFENCES BY MASTERS AND OWNERS OF SHIPS.

4 Every master or owner of a ship is guilty of a mis1 See Note I., p. 380.

2 46 & Vict. c. 52, s. 31. This section applies to cases where credit is in fact obtained though no definite stipulation is made for it: R. v. Peters, 16 Q. B. D. 636.

3 32 & 33 Vict. c. 62, s. 14.

4 57 & 58 Vict. c. 60 s. 680.

demeanor, and is liable to fine or imprisonment with hard labour for two years, and in (1) the ship is liable to forfeiture who

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(1) uses or attempts to use for her navigation a certificate of registry not legally granted in respect of the ship;

or

(2) 2 is guilty of a wilful default which causes an infringement of the collision regulations of the Merchant Shipping Act 1894; or

(3) 3 is party or privy to the obstruction of the service on the master of any ship of any document under the provisions of the Merchant Shipping Act 1894 relating to the detention of the ship as unseaworthy.

ARTICLE 434.

OFFENCES BY THE MASTERS OF BRITISH SHIPS.

4Every master of and in (2) every person belonging to a British ship is guilty of a misdemeanor, and is liable to fine or imprisonment with hard labour for two years, who

(1) 5 does anything, or permits anything to be done, or carries or permits to be carried any papers or documents, with intent to conceal the British character of the ship from any person entitled by British law to inquire into the same or with intent to assume a foreign character, or with intent to deceive any person so entitled as aforesaid, or is privy to the commission of such an offence; or

(2) wrongfully forces on shore and leaves behind, or otherwise wilfully and wrongfully leaves behind in any place on shore or at sea in or out of Her Majesty's dominions, a seaman or apprentice to the sea service before the completion of the voyage for which he was engaged or before the return of the ship to the United Kingdom; or

1 57 & 58 Vict. c. 60, s. 16.

3 Ibid. s. 696 (2).

5 Ibid. s. 70.

2 Ibid. s. 419.
+ Ibid. s. 680.
6 Ibid. s. 187

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(3)1 discharges a seaman or apprentice to the sea service. abroad, or leaves him behind abroad, ashore, or at sea, unless he previously obtains indorsed on the agreement with the crew the sanction, or in the case of leaving behind the certificate, of a superintendent in a British possession, or of a consular officer elsewhere; or

(4) 2 knowingly takes the ship to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered, unless he proves that her going to sea in such an unseaworthy state was under the circumstances. reasonable and justifiable.

ARTICLE 435.

NEGLECT OF DUTY IN CASE OF COLLISION.

3 Every master of or person in charge of a vessel is guilty of a misdemeanor, and is liable to fine or imprisonment with hard labour for two years, who in case of collision with another vessel fails, without reasonable cause,

(a.) to render to the other vessel, her master, crew, and passengers (if any), such assistance as may be practicable, and may be necessary, to save them from any danger caused by the collision, and to stay by the other vessel until he has ascertained that she has no further need of assistance, and also

(b.) to give the master or person in charge of the other vessel the name of his own vessel and of the port to which she belongs, and also the names of the ports from which she comes and to which she is bound,

if and in so far as he can do so without danger to his own vessel, crew, and passengers (if any).

If he fails to comply with this Article, and no reasonable cause for such failure is shown, the collision, in the absence of proof to the contrary, is deemed to have been caused by his wrongful act, neglect, or default.

1 57 & 58 Vict. c. 60, s. 188.

2 Ibid. 457 (2).

3 Ibid. ss. 422, 680.

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