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any Act relating to mines in force in any Province of Canada, sells or purchases (except to or from such owner or authorized person) any quartz containing gold, or any smelted gold or silver, at or within three miles of any gold district or mining district, or gold mining division; or

(c) purchases any gold in quartz, or any unsmelted or smelted gold or silver, or otherwise unmanufactured gold or silver, of the value of one dollar or upwards (except from such owner or authorized person), and does not, at the same time, execute in triplicate an instrument in writing, stating the place and time of purchase, and the quantity, quality and value of gold or silver so purchased, and the name or names of the person or persons from whom the same was purchased, and file the same with such proper officer within twenty days next after the date of such purchase.

ARTICLE 449.

WAREHOUSEMEN, ETC., GIVING FALSE RECEIPTS-KNOWINGLY USING THE SAME.

2 Every one is guilty of a misdemeanor and liable to three years' imprisonment who,

(a.) being the keeper of any warehouse, or a forwarder, miller, master of a vessel, wharfinger, keeper of a cove, yard, harbor or other place for storing timber, deals, staves, boards, or lumber, curer or packer of pork, or dealer in wool, carrier, factor, agent or other person, or a clerk or other person in his employ, knowingly and wilfully gives to any person a writing purporting to be a receipt for or an acknowledgment of any goods or other property as having been received into his warehouse, vessel, cove, wharf, or other place, or in any such place

1 R. S. C. c. 164, s. 29. The offender is also liable to a penalty not exceeding in amount double the value of the gold or silver purchased.

2 R. S. C. c. 164, s. 73.

about which he is employed, or in any other manner received by him, or by the person in or about whose business he is employed, before the goods or other property named in such receipt, acknowledgment or writing have been actually delivered to or received by him as aforesaid, with intent to mislead, deceive, injure or defraud any person whomsoever, although such person is then unknown to him; or

(b.) knowingly and wilfully accepts, transmits or uses any such false receipt or acknowledgment or writing.

OWNERS OF

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ARTICLE 450.

MERCHANDISE DISPOSING THEREOF CONTRARY TO AGREEMENTS WITH CONSIGNEES WHO

HAVE MADE ADVANCES THEREON.

Every one is guilty of a misdemeanor, and liable to three years' imprisonment, who

(a.) having, in his name, shipped or delivered to the keeper of any warehouse, or to any other factor, agent or carrier, to be shipped or carried, any merchandise, upon which the consignee has advanced any money or given any valuable security, afterwards with intent to deceive, defraud or injure such consignee, in violation of good faith, and without the consent of such consignee, makes any disposition of such merchandise different from and inconsistent with the agreement made in that behalf between him and such consignee at the time of or before such money was so advanced, or such negotiable security so given; or

(b.) knowingly and wilfully acts and assists in making such disposition for the purpose of deceiving, defrauding or injuring such consignee.

No person commits an offence under this Article who, before making such disposition of such merchandise,

1 R. S. C., c. 164, s. 74.

pays or tenders to the consignee the full amount of any advance made thereon.

ARTICLE 451.

MAKING FALSE STATEMENTS IN RECEIPTS FOR PROPERTY THAT CAN BE USED UNDER "THE BANK ACT

FRAUDULENTLY DEALING WITH PROP

ERTY TO WHICH SUCH RE

CEIPTS REFER.

1 Every person is guilty of a misdemeanor, and liable to three years' imprisonment, who

(a.) wilfully makes any false statement in any receipt, certificate or acknowledgment for grain, timber or other goods or property, which can be used for any of the purposes mentioned in "The Bank Act;" or

(b.) having given, or after any clerk or person in his employ has, to his knowledge, given, as having been received by him in any mill, warehouse, vessel, cove or other place, any such receipt, certificate or acknowledgment for any such grain, timber or other goods or property,―or having obtained any such receipt, certificate or acknowledgment, and after having indorsed or assigned it to any bank or person, afterwards, and without the consent of the holder or endorsee, in writing, or the production and delivery of the receipt, certificate or acknowledgment wilfully alienates or parts with, or does not deliver to such holder or owner of such receipt, certificate or acknowledgement, the grain, timber, goods or other property therein mentioned.

ARTICLE 452.

INNOCENT PARTNERS

If any misdemeanor mentioned in any of the three Articles next preceding is committed by the doing of

any

1 R. S. C., c. 164, s. 75. See R. S C., c. 120, s. 53 (7), where the imprisonment for the offence defined in clause (a) is limited to two years.

2 R. S. C., c. 164, s. 76.

thing in the name of any firm, company or co-partnership of persons, the person by whom such thing is actually done, or who connives at the doing thereof, is guilty of the misdemeanor, and not any other person.

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ARTICLE 453.

ASSIGNING PROPERTY WITH INTENT TO DEFRAUD
CREDITORS.

Every one is guilty of a misdemeanor, and liable to a fine of eight hundred dollars and to one year's imprisonment, who,

(a.) with intent to defraud his creditors, or any of them,

(i.) makes or causes to be made any gift, conveyance, assignment, sale, transfer or delivery of his property;2 or (ii.) removes, conceals or disposes of any of his property; or

(b.) with the intent that anyone shall so defraud his creditors, or any of them, receives any such property.

ARTICLE 454.

DESTROYING OR FALSIFYING BOOKS WITH INTENT TO DEFRAUD CREDITORS.

Every one is guilty of a misdemeanor, and liable to six months' imprisonment, who destroys, alters, mutilates or falsifies any of his books, papers, writings or securities, or makes, or is privy to the making of, any false or fraudulent entry in any book of account or other document, with intent to defraud his creditors, or any of them.

1 R. S. C., c. 173, s. 28; 32 and 33 Vict., c. 62, s. 13. R. v. Rowland L. R., 8Q. B.D., 53. 2" Lands, hereditaments, goods or chattels."

3Goods, chattels, property or effects of any description."

4 R. S. C., c. 173, s. 27.

ARTICLE 455.

CONCEALING DEEDS OR INCUMBRANCES OR FALSIFYING

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PEDIGREES.

Every one is guilty of a misdemeanor, and liable to a fine or to two years' imprisonment, or to both, who, being a seller or mortgagor of land, or of any chattel, real or personal, or chose in action, or the solicitor or agent of any such seller or mortgagor (and having been served with a written demand of an abstract of title by or on behalf of the purchaser or mortgagee before the completion of the purchase or mortgage) conceals any settlement, deed, will or other instrument, material to the title, or any incumbrance, from such purchaser or mortgagee, or falsifies any pedigree upon which the title depends, with intent to defraud and in order to induce him to accept the title offered or produced to him.

No prosecution for any such offence shall be commenced without the consent of the Attorney-General of the Province within which the offence is committed, given after previous notice to the person intended to be prosecuted of the application to the Attorney-General for leave to prosecute.

ARTICLE 456.

FRAUDS IN RESPECT TO THE REGISTRATION OF TITLES TO LAND IN BRITISH COLUMBIA.

Every one is guilty of a misdemeanor, and liable to three years' imprisonment, who, in British Columbia, in any proceeding to obtain the registration of any title to land or otherwise, or in any transaction relating to land,

1S. D. Art., 335.

2 R. S. C., c. 164, s. 91; 22 and 23 Vict., c. 35, s. 21. The words in parentheses are not in the English Act.

3R. S. C., c. 164, ss. 96 and 97.

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