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spurious powders wrapped up in these labels as B.'s powders: Held, that the prisoner was not guilty of forging the wrappers, or uttering forged wrappers, though he might be indictable for the fraud, on a charge of obtaining money by false pretences. Reg. v. Smith, Dears. & B. C. C. 566; 4 Jur., N. S. 1003; 27 L. J., M. C. 225.

An indictment charged that the defendant knowing and falsely pretended that a horse was sound, and that he himself was a farmer, at O., negativing both pretences in the usual way. The defendant was

ant tested them, and found they were not silver, and in consequence did not give the man any money, but sent for a policeman, and gave him into his custody:-Held, that the conduct of the man who presented the thimbles amounted to an attempt to commit the statutable misdemeanor of obtaining money under false pretences, and by consequence that if the money had been obtained that statutable offence would have been complete. Reg. v. Ball, Car & M. 249-Mirehouse, C. S., after consulting some of the judges.

tion that a stamp on a watch was the hall mark of the Goldsmiths' Company, and that the number 18,

watch was made of eighteen-carat gold, is an indictable offence, and is not the less so because accompanied by a representation that the watch was a gold one, and some gold was proved to have been contained in its composition. Reg. v. Suter, 17 L. T., N. S. 177; 16 W. R. 141; 10 Cox, C. C. 577—C. C. R.

convicted, but a case reserved in which, after stating that the various As to the Quality of Articles of allegations in the indictment were Merchandise.]-A false representaproved, and that the defence was that this was a case of giving a false warranty, and therefore not indictable, the question was put, whether part thereof, indicated that the the conviction could be sustained. The court having directed an amendment, the facts proved were set out more specifically; but it was not stated as a fact that the defendant knew the horse to be unsound, though evidence was stated from which that inference might be drawn; nor was it stated what direction had been given to the jury-Held, that, as the case was framed, the conviction must be quashed; as the court, not knowing what direction had been given, could not answer the question put in the affirmative; and as it was consistent with the case that the jury might have been told that even if the defendant did not know that the horse was unsound, he might be convicted upon the other false pretence alone. Reg. v. Keighley, Dears. & B. C. C. 145; 7 Cox, C. C. 217.

A man went into a pawnbroker's shop in the middle of the day, and laid down eleven thimbles on the counter, saying, "I want 5s. on them"; the pawnbroker's assistant asked the man if they were silver, and he said they were. The assist

L. and W. induced the prosecutor to buy certain plated goods at an auction, at which L. was acting as auctioneer, for 77., on the representation that they were the best silver plate, lined with gold, and worth 207.; the foundation of the goods was Britannia metal, instead of nickel, as in the best goods, covered with a transparent film of silver, and they were worth only about 30s. :-Held, that there was no false pretence, and that an agreement between two persons to dispose of these goods in the way they were disposed of was not a conspiracy. Reg. v. Levine, 10 Cox, C. C. 374-Chambers, C. S.

(f) As to the Quantity or Weight

of Articles of Merchandise. The defendant had contracted

The defendant represented to the prosecutor that he had done a certain quantity of work, and claimed a certain sum as due to him in respect of such work. The prosecutor paid him the amount claimed, although he knew that the representation was untrue :-Held, that this was not an obtaining money by means of false pretences. Reg. v. Mills, Dears. & B. C. C. 205; 3 Jur., N. S. 447; 26 L. J., M. C. 79.

with the guardians of a poor law had delivered weighed 18 cwt., and union to deliver loaves of a speci- thereby obtained the price of 18 fied weight to any poor persons cwt. :-Held, that he was properly bringing a ticket from the relieving convicted of the offence of obtaining officer. The tickets were to be money by false pretences. Reg. v. returned by the defendant at the Sherwood, Dears. & B. C. C. 251; end of each week, with a statement 3 Jur., N. S. 547; 26 L. J., M. C. of the number of tickets sent back, 217. whereupon he would be credited for the amount, and the money would be paid at the time stipulated in the contract. The defendant delivered to certain poor people who brought tickets loaves of less than the specified weight, returned the tickets with a note of the number sent, and obtained credit in account for the loaves so delivered, but before the time for payment had arrived the fraud was discovered-Held, that the delivery of a A prisoner was convicted on an less quantity of bread than that indictment for obtaining money by contracted for was a mere private false pretences. The prosecutors fraud, no false weights or tokens bought of the prisoner and paid him having been used, and therefore for a quantity of coal, upon a false not an indictable offence: that the representation by him that there defendant was properly convicted were 14 cwt., whereas, in fact, there of attempting to obtain money, for were only 8 cwt., but so packed in although he had only obtained the cart in which they were as to credit in account, and could not, have the appearance of a larger therefore, have been convicted of quantity:-Held, that the false rethe offence of actually obtaining presentation as to the quantity of money by false pretences, yet he the coal was an indictable false had done all that was depending pretence, and that the conviction on himself towards the payment of was right. Reg. v. Ragg, Bell, C. the money, and was therefore guilty C. 215; 8 Cox, C. C. 262; 6 Jur., of the attempt: and that this was N. S. 178; 29 L. J., M. C. 86; 8 a case within 7 & 8 Geo. 4, c. 29, s. W. R. 193; 1 L. T., N. S. 337. 53, because it was an attempt to obtain money by a false and fraudulent representation of an antecedent fact it was not a mere sale of goods by a false pretence of their weight. Reg. v. Eagleton, 1 Jur., N. S. 940; 24 L. J., M. C. 158; Dears. C. C. 515; 6 Cox, C. C. 559. The defendant agreed with the prosecutrix to sell and deliver to her a load of coals, at a certain price per cwt. He accordingly delivered a quantity of coals, to his knowledge weighing 14 cwt. He, however, falsely and fraudulently represented that the quantity he

If a man is selling an article by weight, and falsely represents the weight to be greater than it is, and thereby obtains payment for a quantity greater than that delivered, he is indictable for obtaining money by false pretences. Secus, if he is selling the article for a lump sum, and merely makes the false representation as to the weight in order to induce the purchaser to conclude the bargain. Reg. v. Ridgway, 3 F. & F. 838-Bramwell.

A false affirmation of the weight of an article sold by weight, with intent to defraud, is indictable as a

false pretence. Reg. v. Lee, L. &
C. 418; 9 Cox, C. C. 460; 32 L. J.,
M. C. 129; 12 W. R. 750; 10 L.
T., N. S. 348.

An indictment charged, that H. R. having in his possession a certain weight of 28 lbs., did falsely pretend to C. that a quantity of coals which he delivered to C. weighed 16 cwt. (meaning 1792 lbs. weight), and were worth 1., and that the weight was 56 lbs.; by means of which he obtained a sovereign from C., with intent to defraud him of part thereof, to wit, 108.; whereas the coals did not weigh 1792 lbs., and were not worth 17.; and whereas the weight was not 56 lbs.; and whereas the coals were of the weight of 896 lbs. only, and were not worth more than 10s.; and whereas the weight was of 28 lbs. only. It was objected that all the pretences, except that respecting the weight, were false affirmations, and that, as to the weight, there was no allegation to connect the sale of the coals with the use of the weight. The defendant was convicted, and the conviction was held to be wrong. Rex v. Reed, 7 C. & P. 848.

(g) By Promises of Marriage. An indictment will lie for fraud

ulently obtaining goods under a pretence of a treaty of marriage. Anon. Lofft, 146.

J., that the fact of the prisoner paying his addresses was sufficient evidence for the jury on which they might find the first pretence, that he was a single man and in a condition to marry; and, per Maule, J., that there was sufficient evidence on which to find the falseness of the other pretence, that he was entitled to maintain his action for breach of promise of marriage; and that such latter false pretence was a sufficient false pretence within the statute. Reg. v. Copeland, Car. & M. 516.

An indictment for obtaining money from H. under the false pretence that the prisoner intended to marry H., and wanted the money to pay for a wedding-suit he had purchased, is not sufficient to sustain a conviction. Reg. v. Johnston, 2 M. C. C. 254.

A., obtaining money from the prosecutrix by falsely pretending that he was unmarried, that he would furnish a house with the money, and would then marry her, is properly convicted of obtaining money by false pretences. Reg. v. Jennison, 9 Cox, C. C. 158; 8 Jur., N. S. 442; L. & C. 157; 31 L. J., M. C. 146; 10 W. R. 488; 6 L. T., N. S. 256.

(h) By means of Cheques, Bills of Exchange or Promissory Notes.

A person, who under a mere false The prisoner paid his addresses pretence of purchasing lottery tickets, to the prosecutrix, and obtained a bargains with the holder of them, promise of marriage from her, which and obtains the delivery of them promise she afterwards refused to by giving a draft on a banker, with ratify. He then threatened her whom he had no cash, for the with an action, and by this means amount of them, is not indictable obtained money from her. During for a fraud at common law; for, in the whole of the transactions the order to constitute this offence, the prisoner had a wife. On an indict-property must be obtained either ment against him for obtaining money under false pretences, the pretences laid were, first, that he was unmarried; and secondly, that he was entitled to bring and maintain his action against her for a breach of promise of marriage :-Held, per Lord Denman, C. J., and Maule,

by conspiracy, or by means of a false token as well as a false pretence, and not, as in this case, by a mere false assertion, or a bare naked lie. Rex v. Lara, 2 Leach, C. C. 652; 2 East, P. C. 819, 827; 6 T. R. 565.

Obtaining goods by means of a

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cheque which the party knows will not be paid, is an indictable offence. Rex v. Jackson, 3 Camp. 370Bayley.

prisoner and negotiated by the drawer, part of the amount, for the purpose of paying the bill, under the false pretence that the prisoner was prepared with the residue of the amount, is an offence within 7 & 8 Geo. 4, c. 29, s. 53, the prisoner being shown not to be so prepared, and not intending so to apply the money. Rex v. Crossley, 2 M. & Rob. 17; 2 Lewin, C. C. 164-Patteson.

The prisoner was convicted upon an indictment, charging him with stealing a cheque. It was proved that he was clerk to a savings bank, and received the cheque from a manager of the bank, upon a false representation that one of the deposit

A. was charged with falsely pretending that a post-dated cheque, drawn by himself, was a good and genuine order for 251., and of the value of 25l., by means of which he obtained a watch and a chain. It was found by the jury that, before the completion of the sale, and the delivery of the watch by the prosecutor to the prisoner, the prisoner represented to the prosecutor that he had an account with the bankers on whom the cheque was drawn, and that he had a right to draw the cheque, though he post-ors had given notice of withdrawal, poned the date for his own convenience, all which was false; and that he represented that the cheque would be paid on or after the day of the date, but that he had no reasonable ground to believe that it would be paid, or that he could provide funds to pay it. The pris-itor:-Held, that the case was one oner was convicted, and the judges held the conviction right. Rex v. Parker, 7 C. & P. 825; 2 M. C. C. 1.

Obtaining credit in account from the party's own banker, by drawing a bill of exchange on a person on whom the party has no right to draw, and which has no chance of being paid, is not a false pretence within 7 & 8 Geo. 4, c. 29, s. 53, though the banker pays money for him in consequence to an extent that he would not otherwise have done. Rex v. Wavell, 1 M. C. C. 224.

and for the purpose of handing it over to the depositor. It was found that, according to the usual course of business, if a depositor could not attend at a proper time to receive the cheque, it was handed to the prisoner, as the agent of the depos

of false pretence, and not larceny, and that the conviction was wrong. Reg. v. Essex, Dears. & B. C. C.371; 4 Jur., N. S. 16; 27 L. J., M. C. 20; 7 Cox, C. C. 384.

If an indictment for attempting to obtain money under false pretences, charges it to have been attempted by means of a paper writing purporting to be an order for money, and the instrument cannot be considered as stated in the indictment to be such an order, it is bad. Rex v. Cartwright, R. & R. C. C. 106.

But an indictment that A. unlawIf a person, by false pretences, ob- fully did falsely pretend that a tains a check on a banker on un-printed paper was a good and valid stamped paper, payable to D. F. J., promissory note, is sufficient, withand not payable to bearer, it is not out setting out the paper. Reg. v. an obtaining a valuable security by Coulson, T. &. M. 332; 1 Den. Č. C. false pretences. Rex v. Yates, Car. 592; 14 Jur. 557; 19 L. J., M. C. 182. C. L. 333; 1 M. C. C. 170. But see now 21 & 22 Vict. c. 20; 23 & 24 Vict. c. 118, s. 18, and 17 & 18 Vict. c. 83. s. 27.

But obtaining, as a loan, from the drawer of a bill accepted by the

Where a prisoner obtained goods on the faith of a false statement that a bill which he gave for the price of them would be paid on the following day, he may be convicted of obtaining goods under false pre

tences, though such bill on the face of it was not due till after that day. Reg. v. Hughes, 1 F. & F. 355Watson.

An indictment stated that the defendant falsely pretended to W. that he was a captain in the East India Company's service, and that a promissory note which he "then and there produced and delivered to W., purporting to be made for the payment of 21., not saying by whom it purported to be drawn, nor otherwise describing it, was a good and valuable security for 217.; by which false pretences he obtain ed," &c.: whereas the defendant was not a captain in the company's service; and whereas the promissory note which he then and there produced, and delivered to W., "was not a good and valuable security for 21., or for any other sum":Held, that the indictment did not sufficiently describe the note, or show how it was wanting in value; and that a conviction could not be supported on the representation as to the defendant's character, because the false pretences were so connected on the record, that one could not be separated from the other. Reg. v. Wickham, 2 P. & D. 333; 10 A. & E. 34.

(i) By passing off flash or worth

less Bank Notes.

The fact of uttering a counterfeit note as a genuine one is tantamount to a representation that it was so; and it is a false pretence, notwithstanding the note upon the face of it would have been good for nothing in point of law, even if true. Rex v. Freeth, R. & R. C. C. 127.

On an indictment for delivering in payment for a horse certain promissory notes, as for good and available promissory notes, which the prisoner knew to be not good, nor of any value; the notes purported to be the notes of a country bank which was supposed to have failed: -Held, that at all events it was

necessary to prove that the notes were bad and of no value. Rexv. Flint, R. & R. C. C. 460.

Indictment for false pretences, in passing a note of a bank that had stopped payment as a good note. The prisoner knew that the bank had stopped payment; but it ap peared that two only of the partners or the bank had become bankrupt, and that the third had not:Held, that the prisoner must be acquitted. Rex v. Spencer, 3 C. & P. 420-Gaselee.

If a person passes a note of a country bank for 51. payable on demand as a good note, and as of the value of 51, knowing that the bank is insolvent, and has stopped pay. ment, and cannot pay the note in full, he may be indicted for obtaining money by false pretences. Reg. v. Evans, 5 Jur., N. S. 1361; 29 L J., M. C. 20; 1 L. T., N. S. 108; Bell, C. C. 187; 8 Cox, C. C. 257.

But where the evidence shows that the bank has paid a dividend, the direction to the jury that there is evidence that the note is not of any value, will be wrong. lb.

Passing off a flash note as a Bank of England note on a person unable to read, and obtaining from him in exchange for it five pigs, of the val ue of 31. 17s. 6d., and 17. 2s. 6d. change, is a false pretence. Reg.v. Coulson, T. & M. 332; 1 Den. C. C. 592; 14 Jur. 557; 19 L. J., M. C 182; 4 Cox, C. C. 227.

The defendant fraudulently offered a 17. Irish bank note as a note for 5l., and obtained change as for a 5l. note. The person from whom the change was obtained could read, and the note itself upon the face of it clearly afforded the means of detecting the fraud:-Held, that this was obtaining money by means of false pretences. Reg. v. Jessop, Dears. & B. C. C. 442; 4 Jur., Ñ. S. 123; 27 L. J., M. C. 70; 7 Cox, C. C. 399.

An indictment charging that the defendant unlawfully did falsely pre

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