L. J., M. C. 206; 9 Cox, C. C. 189 own use or benefit, or for any use 8 Jur., N. S. 649; 10 W. R. 753; 6" or purposes other than the use or L. T., N. S. 545. purposes of such body corporate Held, secondly, that the rules of "or public company, any of the the savings bank were an instru-"property of such body corporate ment in writing. Ib. "or public company, shall be guilty "of a misdemeanor. Held, thirdly, that there was an express trust created by the rules, although they were made before the appointment of the trustee and the existence of the trust fund. Ib. 66 Keeping Fraudulent Accounts.]— By s. 82, "whosoever, being a director, public officer or manager of any body corporate or public company, shall, as such, receive or possess himself of any of the 'property of such body corporate or public company otherwise than "in payment of a just debt or de"mand, and shall, with intent to " defraud, omit to make or to cause "or direct to be made a full and "true entry thereof in the books "and accounts of such body corpor "ate or public company, shall be "guilty of a misdemeanor." A trustee of a friendly society (a" lodge of Odd Fellows), was appointed, by resolution of the society, to receive money from the treasurer and carry it to the bank. He received the money, but instead of taking it to the bank, he applied it to his own purposes. He was indicted as a bailee of the monies of the treasurer R. C., feloniously converting the money to his own use; and also for a common law larceny of the money of R. C. The 18 & 19 Vict. c. 63, s. 18, vests the property of such societies in the trustees, and Destroying, Altering, Mutilating directs the property to be laid in the or Falsifying Books.]-By s. 83, names of the trustees in indictments:"whosoever being a director, man-Held, that the prisoner could not ager, public officer or member of be convicted of feloniously convert-"any body corporate or public coming or stealing the monies of R. C." pany, shall, with intent to defraud, as charged in the indictment. Reg. "destroy, alter, mutilate or falsify v. Loose, 8 Cox, C. C. 302; 1 Bell," any book, paper, writing or valuC. C. 259; 29 L. J., M. C. 132; 2"able security belonging to the L. T., N. S. 254. "body corporate or public company, The court of Chancery sanctioned" or make or concur in the making criminal proceedings upon an affida-" of any false entry, or omit or convit, stating that a trustee had paid "cur in the omitting any material 1,4097. into his private bankers, had" particular, in any book of account drawn out the whole, with the ex- "or other document, shall be guilty ception of 287., and had paid a pri- " of a misdemeanor." vate debt of 150%.out of the trust funds. Wadham v. Rigg, 1 Drew. & Sm. 216. 3. Directors, Members, and Officers of Companies. Fraudulently Appropriating Property.]-By 24 & 25 Vict. c. 96, s. 81, "whosoever, being a director, mem"ber or public officer of any body "corporate or public company, shall "fraudulently take or apply for his Publishing Fraudulent Statements.]-By s. 84, "whosoever, be"ing a director, manager or public "officer of any body corporate or "public company, shall make, cir"culate or publish, or concur in "making, circulating or publishing, any written statement or account "which he shall know to be false in "any material particular, with in"tent to deceive or defraud any " member, shareholder or creditor 66 66 4. Disclosure of Circumstances. By 24 & 25 Vict. c. 96, s. 85, noth"ing in any of the last ten preceding "sections of this act contained shall "enable or entitle any person to re"fuse to make a full and complete "discovery by answer to any bill in "equity, or to answer any question or interrogatory in any civil proceeding in any court, or upon the hearing of any matter in bank"ruptcy or insolvency; and no person shall be liable to be convicted "of any of the misdemeanors in any "of the said sections mentioned by "any evidence whatever in respect "of any act done by him, if he shall at any time previously to his being charged with such offence have "first disclosed such act on oath, in consequence of any compulsory process of any court of law or equity, in any action, suit or pro"ceeding which shall have been "bonâ fide instituted by any party "aggrieved, or if he shall have first "disclosed the same in any com"pulsory examination or deposition "before any court, upon the hearing "of any matter in bankruptcy or in"solvency." (Former provision, 7 & 8 Geo. 4, c. 29, s. 52; 5 & 6 Vict. c. 39, s. 6, and 20 & 21 Vict. c. 54, s. 11.) 66 An agent intrusted with a bill of lading, without authority of his principals, and in violation of good faith, deposited it with bankers for his own benefit, as a security for advances. He was charged with this offence before a magistrate. The depositions which were taken in support of the charge contained ample evidence to support it. Having become bankrupt, he was taken by his creditors and examined respecting the subject-matter of the charge before a commissioner in bankruptcy, and then made a statement in every respect in accordance with the evidence in the depositions. He was afterwards indicted on the same charge. On the trial, his examination in bankruptcy was offered by him as a defence, as showing that he had disclosed the act before a commissioner in bankruptcy previously to being indicted for the offence, and that therefore he was not liable to conviction, by virtue of 5 & 6 Vict. c. 39, s. 6. This evidence of disclosure was held to be admissible under not guilty. Reg. v. Skeen, Bell, C. C. 97; 5 Jur., N. S. 151; 28 L. J., M. C. 91; 8 Cox, C. C. 143; 7 W. R. 255. The majority of a court was, however, of opinion, that as the agent only stated before the commissioner matter which had been previously known and previously proved before the magistrate, he had not made any disclosure within the meaning of the statute, and consequently was not entitled to protection. The minority held, that as the statement of the agent was obtained on a compulsory examination, instiSemble, a disclosure of any illegal tuted bonâ fide by the creditors for act to which the statute relates must their own interest, it was a disclosto be rendered available as a protec-ure before a commissioner within the tion, be made bonâ fide, and must act, notwithstanding the previous not be a mere voluntary statement publicity of the matter there inquirmade for the express purpose of ed into. Ib. screening the person making it from the consequences of his acts. In re Strahan, Paul and Bates, 7 Cox, C. C. 85. 5. Jurisdiction of Quarter Sessions. By 24 & 25 Vict. c. 96, s. 87, no misdemeanor against any of FALSE PRETENCES AND CHEATS-STATUTES. 66 "the last twelve preceding sections" 66 66 145 able security, with intent to defraud, shall be guilty of a misdemeanor, and being convicted "thereof shall be liable, at the dis"cretion of the court, to be kept in "penal servitude for the term of "three years, or to be imprisoned 66 Jurisdiction of Justices to hear and determine.]-By 31 & 32 Vict. c. 116, s. 2, all the provisions of 18 &" for any term not exceeding two 19 Viet. c. 126, "for the summary years, with or without hard labour, convictions of defendants by jus-"and with or without solitary con"tices, shall extend and be applic-"finement." (Previous enactment, 7 "able to the offence of embezzle- & 8 Geo. 4, c. 29, s. 53, repealed by 'ment by clerks and servants, or 24 & 25 Vict. c. 95.) "persons employed for the purpose "Provided, that if upon the trial "or in the capacity of clerks or of any person indicted for such mis"servants; and the said act shall be "demeanor, it shall be proved that "read as if the offence of embezzle-"he obtained the property in ques"ment had been included therein." "tion in any such manner as to amount in law to larceny, he shall not by reason thereof be entitled "to be acquitted of such misdemeanor; and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for "larceny upon the same facts." XV. FALSE PRETENCES AND 1. Statutes, 145. 2. What are, 146. (a) General Principles, 146. (d) By means of Contracts, 153. 156. (f) As to the Quantity or Weight Notes, 158. (j) In respect of what Chattels or 3. Cheats, 162. 8. Evidence, 167. 9. Trial, 169. 66 66 66 7 & 8 Geo. 4, c. 29, wholly repealed 33 Hen. 8, c. 1; 52 Geo. 3, c. 64, and so much of 30 Geo. 2, c. 24, s. 1, as related to this subject. Bank-notes were not money, goods, wares or merchandises, with in 30 Geo. 2, c. 24, s. 1. Rex v. Hill, R. & R. C. C. 190. But 7 & 8 Geo. 4, c. 29, s. 53, extended 30 Geo. 2, c. 24, to persons obtaining, by false pretences, any valuable se 10. Receiving Property obtained by to have obtained such money, False Pretences, 170. 1. Statutes. "chattel or valuable security with"in the meaning of the last preced By 24 & 25 Vict. c. 96, s. 88,"ing section." "whosoever shall by any false pre- To constitute the offence of ob"tence obtain from any other per- taining any chattel, money or valuson any chattel, money or valuable security by false pretences, the FISH. DIG.-10. 66 obtaining must be in accordance It appeared that he bought the filly with the wish, or for the advantage, or for the purpose of effecting some object, of the party making the false pretence. Reg. v. Garrett, Dears. C. C. 232; 17 Jur. 1060; 23 L. J., M. C. 20; 2 C. L. R. 106; 6 Cox, C. C. 260. By 22 & 23 Vict. c. 17, s. 1, no "bill of indictment for obtaining money or other property by false pretences shall be found by any "grand jury unless the prosecutor "has been bound by recognizance to prosecute, or the person accused "has been committed or bound by "recognizance to answer an indict66 ment for such offence, or unless "the indictment is preferred by the "direction, or with the written consent, of a judge or of the attorneygeneral." 2. What are. (a) General Principles. A pretence that a person would do an act that he did not mean to do (as a pretence to pay for goods on delivery), was not a false pretence within 30 Geo. 2, c. 24, s. 1. Rex v. Goodhall, R & R. C. C. 461. But pretending to have been intrusted by one to take his horses from Ireland to London, and to have been detained by contrary winds till all his money was expended, was within 30 Geo. 2, c. 24, s. 1. Rex v. Villeneuve, 2 East, P. C. 830. It was a false pretence within 30 Geo. 2, c. 24, s. 1, where the prisoner obtained money from the keeper of a post office, by assuming to be the person mentioned in a money order, which he presented for payment, though he did not make any false declaration or assertion in order to obtain the money. Story, R. & R. C. C. 81. Rex v. A prisoner was charged with obtaining a filly by the false pretence that he was a gentleman's servant, and had lived at Brecon, and had bought twenty horses in Brecon fair. of the prosecutor for 11., making him this statement, which was false, and also telling him that he would come down to the Cross Keys and pay him. The prosecutor stated that he parted with his filly because he expected the prisoner would come to the Cross Keys and pay him, and not because he believed that the prisoner was a gentleman's servant :-Held, that if the prose cutor did not part with his filly by reason of the false pretence charged, or any part of it, the prisoner must be acquitted. Rex v. Dale, 7 C. & P. 352-Coleridge. A pretence to a parish officer, as an excuse for not working, that the party has not clothes, when he really has, although it induces the officer to give him clothes, was not obtaining goods by false pretences within 30 Geo. 2, c. 24, s. 1. Rex v. Wakeling, R. & R. C. C. 504. The offence of obtaining money under false pretences, created by 30 Geo. 2, c. 24, s, 1, was complete only where the money was obtained. Pearson v. M' Gowran, cited 5 D. & R. 616; 3 B. & C. 700. To have constituted an offence within 30 Geo. 2, c. 24, s. 1, money or goods must have been obtained by a false pretence with an intention to defraud; but the pretence might have related to a future transaction. Rex v. Young, 1 Leach, C. C. 505; 2 East, P. C. 82, 833; 3 T. R. 98. It is a false pretence if a carrier obtains the carriage-money by pre tending to have delivered the goods and lost the bailee's receipt for them. Rex v. Airey, 2 East, P. C. 831; 2 East, 30; S. P., Rex v. Coleman, 2 East, P. C. 672. Where an indictment charges a false pretence of an existing fact calculated to induce the confidence which led to the prosecutor's parting with his property, though mixed up with false pretences as to the prisoner's future conduct, it is suffi cient. Reg. v. Bates, 3 Cox, C. C. | Sess. Cas. 353; 1 Den. C. Č. 551; 3 201- Platt. Where the false pretence is as to the status of the party at the time, or as to any collateral fact supposed to be then existing, it will equally support an indictment. Ib. An indictment for obtaining money by false pretences cannot be sustained, if the prosecutor when he parted with his money knew the representation to be false. Reg. v. Mills, 7 Cox, C. C. 263; Dears. & B. C. C. 205; 26 L. J., M. C. 79. A false pretence must be the false pretence of an existing fact, and if the person to whom it is made is defrauded by it, it makes no difference that he might have known that the pretence was false, or that it is not such a pretence as would be likely to defraud a person of ordinary caution. Reg. v. Woolley, 3 C. & K. 98; 1 Den. C. C. 559; T. & M. 279; 4 New Sess. Cas. 341; 14 Jur. 465; 19 L. J., M. C. 165; 4 Cox, C. C. 193. Therefore, where A., the secretary of a lodge of odd fellows, told B., a member of the lodge, that he owed the society 13s. 9d., when in fact B. only owed 2s. 3d., and A., by this false pretence, obtained the money of B-Held, that this was an obtaining of money by false pretences. Ib. A fraudulent misrepresentation of an existing matter of fact, accompanied by an executory promise to do something at a future period, as that the prisoner had bought certain skins, and would sell them to the prosecutor, is a false pretence within the statute, although it appears that the promise, as well as such misrepresentation of fact, induced the prosecutor to part with the money. Reg. v. West, Dears. & B. C. Č. 575; 4 Jur., N. S. 514; 27 L. J., M. C. 227; 8 Cox, C. C. 12. Obtaining a gift of money by means of false statements, is obtaining money by false pretences. Reg. v. Jones, T. & M. 270; 4 New C. & K. 346; 14 Jur. 533; 19 L. J., M. C. 162; 4 Cox, C. C. 198. A begging letter, making false representations as to the condition and character of the writer, by means of which money is obtained, is a false pretence. Ib. The crime of obtaining goods by false pretences is complete, although at the time when the prisoner made the pretence, and obtained the goods, he intended to pay for them when it should be in his power to do so. Reg. v. Naylor, 10 Cox, C. C. 151; 1 L. R., C. C. 4; 11 Jur., N. S. 910; 35 L. J., M. C. 61; 14 W. R. 58; 13 L. T., N. S. 381. Where a prisoner, being employed at an hospital, wrote to the prosecutor, as manager, for a small quantity of linen, not saying it was for the hospital, and in point of fact he was not manager, and the goods were really ordered for himself, but not sent, on an indictment for an attempt to obtain them, the question left to the jury was, whether he ordered the goods as for and on behalf of the hospital or in his own name, there being no evidence of an intention to pay cash, but evidence of its absence. Reg. v. Franklin, 4 F. & F. 94-Willes. If a party obtains money by a false pretence, knowing it to be false at the time, it is no answer to shew that the party from whom he obtained the money laid a plan to entrap him into the commission of the offence. Reg. v. Ady, 7 C. & P. 140-Vaughan and Patteson. A person who makes a false pretence of having a power to do something, whether the power is physical, moral or supernatural, for the purpose of obtaining money or goods, is indictable for false pretences. Reg. v. Giles, L. & C. 502; 10 Cox, C. C. 44; 11 Jur., N. S. 119; 34 L. J., M. C. 51; 13 W. R. 327; 11 L. T., N. S. 643. It is not necessary that the false pretence should be made in express |