bailiff to the prosecutor, to pay and receive monies. Upon an account rendered of such payments and receipts, it appeared he had charged his master with five payments of 17. 8s. instead of 17. 4s., the sums he had actually paid. There was also a similar overcharge of two other amounts :Held, that the prisoner was wrongly convicted of larceny, the offence, if any, being that of obtaining money by false pretences. Reg. v Green, Dears. C. C. 323; 18 Jur. 158. It was the duty of the prisoner, who was a servant of the prose cutors, in the absence of their chief clerk, to purchase and pay for, on behalf of his masters, any kitchen stuff brought to their premises for sale. On one occasion he falsely stated to the chief clerk that he had paid 28. 3d. for kitchen stuff, which he had bought for his masters, and demanded to be paid for it. The clerk on this paid him 28. 3d. out of the money which his master had furnished him with to pay for the kitchen stuff. The prisoner applied the money to his own use-Held, that as the clerk had delivered the money to the prisoner with the intention of parting with it altogether, the prisoner was not liable to an indictment for stealing the money, but that he might have been indicted for obtaining by false pretences. Reg. v. Barnes, T. & M. 387; 2 Den. C. C. 59; 14 Jur. 1123; 20 L. J., M. C. 34. It was the duty of a servant to ascertain daily the amount of dock dues payable by his master, and, having ascertained it, to apply to his master's cashier for the amount, and then to pay it in discharge of the dues. On one occasion, by representing falsely to the cashier that the amount was larger than it really was, as he well knew, he obtained from the cashier the sum he stated it to be, and then paid the real amount due, and appropriated the difference :-Held, that his of fence was not larceny, but obtaining money by false pretences. Reg. v. Thompson, L. & C., C. C. 233; 9 Cox, C. C. 222; 32 L. J., M. C. 57; 8 Jur., N. S. 1162; 11 W. R. 41; 7 L. T., N. S. 393. By Means of False Accounts.]An indictment alleged that the prisoner obtained a coat by falsely pretending that a bill of parcels of a coat, value 14s. 6d., of which 4s. 6d. had been paid on account, and that 10s. only was due, was a bill of parcels of another coat of the value of 22s. The evidence was that the prisoner's wife had selected the 14s. 6d. coat for him, subject to its fitting him, and had paid 4s. 6d. on account, for which she received a bill of parcels giving credit for that amount. On trying on the coat it was found to be too small, and the prisoner was then measured for one to cost 228. When that was made it was tried on by the prosecutor, who was not privy to the former part of the transaction. The prisoner when the coat was given to him handed the bill of parcels for the 14s. 6d. and 10s., saying, "There is 10s. to pay." The bill was receipted, and the prisoner took the 22s. coat away with him. The prosecutor stated that believing the bill of parcels to refer to the 22s. coat, he parted with that coat on payment of 10s., otherwise he should not have done so :-Held, that there was evidence to support a conviction. Reg. v. Steels, 17 L. T., N. S. 666; 16 W. R. 341; 11 Cox, C. C. 5—C. C. R. (d) By Means of Contracts. Knowingly exposing to sale and selling wrought gold under the sterling alloy, as and for gold of the true standard weight, which is indictable in a goldsmith, is a private imposition only in a common person. Rex v. Bower, Cowp. 323. Delivering less beer in a cask than contracted for as the due | fact previously sold his interest in quantity is not an indictable of fence. Rex v. Wheatley, 1 W. Bl. 273; 2 Burr. 1129. Nor is delivering less oats than the quantity contracted for as the due quantity. Rex v. Dunnage, 2 Burr. 1130. A false pretence knowingly made to obtain money is indictable, though the money is obtained by means of a contract which the prosecutor was induced to make by the false pretence of the prisoner. Reg. v. Abbott, 1 Den. C. C. 273; 2 C. &. K. 630; 2 Cox, C. C. 430; S. P., Reg. v. Dark, 1 Den. C. C. 276; Reg. v. Kenrick, D. & M. 208; 5 Q. B. 49. A person, who by falsely representing himself to fill a particular character, induces another to enter into a contract with him for board and lodging, and is supplied accordingly with various articles of food, cannot be convicted of obtaining goods by false pretences, the obtaining of the goods being too remotely connected with the false representation. Reg. v. Gardner, 7 Cox, C. C. 136; 2 Jur., N. S. 598; 25 L. J., M. Č. 100. A carrier, having ordered a cask of ale, said, after he had possession of it, "This is for W."-Held, that an indictment for obtaining it by falsely pretending that he was sent for it by W. could not be sustained. Reg. v. Brooks, 1 F. & F. 502-Wightman. The prisoner having pretended to sell goods to A. which he had pretended to buy for him from B., and then the goods having been sent by B. to A., having got the money from A.-Held, not indictable for obtaining goods from B. by false pretences. Reg. v. Martin, 1 F. & F. 501-Wightman. the property to a third person; this is not sufficient to support an indictment for obtaining money by false pretences. Rex v. Codring ton, 1 C. & P. 661-Littledale. When a contract has been entered into by reason of false representations, and goods or money obtained under the contract, it is too remote to charge the obtaining of the goods or money by the false pretences. Reg. v. Bryan, 2 F. & F. 567-Hill. The prisoner, by false and fraudulent representations made to the prosecutor, as to his business, customers, and profits, induced the prosecutor to enter into a partnership with him, and to advance 500l., as part of the capital of the concern; and the prosecutor, after such, advance, recognized and acted upon such partnership:-Held, that this was not an obtaining of money by false pretences. Reg. v. Watson, Dears. & B. C. C. 348; 4 Jur., N. S. 14; 27 L. J., M. C. 18; 7 Cox, C. C. 364. The prisoner entered into partnership with the prosecutors, and it was subsequently agreed that he should travel about the country to obtain orders, and have a commission upon all orders he might receive, such commission to be paid to him as soon as he received the orders, and to be payable out of the capital funds of the partnership before dividing any profits. He falsely represented to his partners that he had obtained a certain order, and in consequence was paid his commission thereon:-Held, that this was a mere matter of account between the partners, and that the prisoner was, therefore, not guilty of obtaining money by false pretences. Reg. v. Evans, 9 Cox, C. C. 238; L. & C. 252; 9 Jur., N. S. 184; 32 L. J., M. C. 38; 11 W. R. 125; 7 L. T., N. S. 507. If one professes to sell an interest in property, and receives the purchase-money, the vendee taking the usual covenant for title; and it A prisoner was indicted for obturns out that the vendor has intaining by false pretences a spring van. By false pretences, he induced the prosecutor to enter into a contract to build and deliver a van for a certain sum of money, and the prosecutor on the faith of those pretences built and delivered the van in pursuance of the original order, although the prisoner countermanded the order after the building and before the delivery:-Held, that, to bring the case within the statute, it is not necessary that the chattel should be in existence when the false pretence is made, but that the obtaining is within the statute if the pretence is a continuing one, so that the chattel is made and delivered in pursuance of the pretence, that the question whether the pretence is or is not such a continuing one, is one of fact for the jury, and that here there was evidence from which the jury might infer that it was such a continuing one. Reg. v. Martin, 36 L. J., M. C. 20; 1 L. R., C. C. 56; 10 Cox, C. C. 383. (e) As to the Quality of Articles of Merchandise. For the purpose of procuring advances of money by way of pledge, a party produced spoons to the prosecutors, who were pawnbrokers, and falsely and fraudulently stated that " they were of the best quality; that they were equal to Elkington's A; that the foundation was of the best material; and that they had as much silver on them as Elkington's A"-Held, that the representations being merely as to the quality of the articles, were not false pretences within the statute, as the articles delivered to the pawnbrokers were the same in specie as he had professed them to be, though of inferior quality to what he had stated. Ib. A. falsely pretended to a pawnbroker that a chain was silver. The pawnbroker lent A. 108. on the chain, without placing any reliance upon the statement of A., but relying on his own examination and test. The chain was made of a composition worth about one farthing an ounce:-Held, that he was properly convicted of attempting to obtain money by false pretences, the statement being a false pretence within the statute. Reg. v. Roebuck, Dears. & B. C. C. 24; 2 Jur., N. S. 597; 25 L. J., M. C. 101; 7 Cox, C. C. 126. A wilful misrepresentation of a definite fact with intent to defraud, cognisable by the senses-as where a seller represents the quantity of coals to be fourteen cwt., whereas it is in fact only eight cwt., but so packed as to look more; or where the seller, by manœuvring, contrives to pass off tasters of cheese as if extracted from the cheese offered for sale, whereas it is not-is a false pretence. Reg. v. Goss, Bell, C. C. 208; 8 Cox, C. C. 264; 6 Jur., N. S. 178; 29 L. J., M. C. 86; 8 W. R. 193; 1 L. T., N. S. 337. On the trial an indictment for false pretences, it was proved that the prisoner offered a chain in pledge to a pawnbroker, and required money to be advanced upon it, representing that it was gold. On being tested, it turned out to be a compound of brass, silver, and gold, but the gold was very minute in quantity:--Held, not a false pretence. Reg. v. Lee, 8 Cox, C. C. 233-Chambers, C. S. B. was in the habit of selling baking powders, wrapped in printed wrappers, entitled "B.'s Baking Powders," and having his printed signature at the end. The prisoner got printed a quantity of wrappers in imitation of those of B., only leaving out B.'s signature, and sold 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, part thereof, indicated that the 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 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 201.; 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 agree ment 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 |
