Goods fraudulently obtained by prisoner on his cheque on a bank where he had no funds: Held, that he cannot be found guilty of having falsely represented that he had money in the bank, but that he was guilty of falsely representing that he had authority to draw the cheque, and that they were good and valid orders for the payment of money.-R. v. Hazelton, 13 Cox, 1.

See R. v. Holmes, 15 Cox, 343, as to where is the jurisdiction when offence is committed by a letter.

Prisoner convicted of obtaining his wages by false pretences in representing falsely that he had performed, a condition precedent to his right to be paid. —R. v. Bull, 13 Cox, 608.

The indictment must state the pretence which is pretended to have been false, and must negative the truth of the matter so pretended with precision.-R. v. Kelleher, 14 Cox, 48. See R. v. Perrott, 2 M. & S. 379.

Obtaining by false pretences. What constitutes false pretences.-R. v. Durocher, 12 R. L. 697; R. v. Judah, 7 L. N. 385.

To prove intent to defraud, evidence of similar frauds having recently been practised upon others is admissible. -R. v. Durocher, 12 R. L. 697.

An indictment for obtaining board under false pretences, is too general.-R. v. McQuarrie, 22 U. C. Q. B. 600.

A clause of a deed by which the borrower of a sum of money falsely declares a property well and truly to belong to him may constitute a false pretence.-R. v. Judah, 8 L. N. 122.

On a trial for obtaining under false pretences property of a joint stock company, parol evidence that the company has acted as an incorporated company is sufficient evidence of its incorporation.-R. v. Langton, 13 Cox, 345.

The prisoner who had been discharged from the service of A. went to the store of D. and S. and represented herself as still in the employ of A., who was in the habit of dealing there, and asked for goods in A.'s name, which were put up accordingly, but sent to A.'s house instead of being delivered to the prisoner. The prisoner, however, went directly from the store to A.'s house, and remaining in the kitchen with the servant until the clerk delivered the parcel, snatched it from the servant, saying "that is for me, I was going to see A." but, instead of going in to see A., went out of the house with the parcel.-Conviction for having obtained goods from D. & S. by false pretences, held good.-R. v. Robinson, 9 L. C. R. 278.

Where the prosecutor had laid a trap for the prisoner who had writien to induce him to buy counterfeit notes, and prisoner gave him a box which he pretended contained the notes, but which, in fact, contained waste paper and received the prosecutor's watch and $50.

Held, that the prisoner was rightly convicted of obtaining the prosecutor's property under false pretences.-The Queen v. Corey, 22 N. B. Rep. 543.

78. Every one who, with intent to defraud or injure any other person, by any false pretence fraudulently causes or induces any other person to execute, make, accept, indorse or destroy the whole or any part of any valuable security, or to write, impress or affix his name, or the name of any other person, or of any company, firm or co-partnership, or the seal of any body corporate, company or society, upon any paper or parchment, so that the same may be afterwards made or converted into or used or dealt with as a valuable security, is guilty of a misdemeanor, and liable to three years' imprisonment.32-33 V., c. 21, s. 95. 24-25 V., c. 96, s. 90, Imp.

79. Every one who, for any purpose or with any intent, wrongfully and with wilful falsehood, pretends or alleges that he inclosed and sent or caused to be inclosed and sent in any post letter, any money, valuable security or chattel, which, in fact, he did not so inclose and

send, or cause to be inclosed and sent therein, is guilty of a misde meanor, and liable to be punished as if he had obtained the money, valuable security or chattel so pretended to be inclosed or sent by false pretences.-32-33 V., c. 21, s. 96, part.

Not in the English Act.

See sec 113 Procedure Act as to this clause 79.

On clause 78, Greaves says: "This clause is principally, new....... it will include such cases as R. v. Danger, Dears. & B. 307."

Indictment.-......... that A. B., on ....... unlawfully, knowingly and designedly did falsely pretend to one J. N. that......... by means of which false pretence the said A. B. did then unlawfully and fraudulently induce the said J. N. to accept a certain bill of exchange, that is to say a bill of exchange for one hundred pounds, with intent thereby then to defraud and injure the said J. N., whereas, in truth and in fact (here negative the false pretences, as in the form, under sect. 77, ante) against the form

Prisoner was indicted at the Court of Queen's Bench for having induced, by false and fraudulent pretences, one B., a farmer, to endorse a promissory note for $170.45 and moved to quash on the ground that the indictment did not state that the endorsement in question had been declared false in any manner by competent authority, etc., nor that the said endorsement had been obtained for the purpose of converting the said note or paper-writing into money. Motion rejected. And a motion to quash, on the ground that the crown prosecutor, representing the attorney general, had refused to furnish to prisoner the particulars of the false pretences charged, although demanded, was refused. -R. v. Boucher, 10 R. L. 183.

Proof that the defendant had obtained from the prosecutor a promissory note on a promise to pay the plaintiff what

he owed him out of the proceeds of the note when discounted is not sufficient to sustain a conviction of obtaining a signature with intent to defraud under section. 78.—R. v. Pickup, 10 L. C. J. 310.

80. Every one who, by any fraud or unlawful device or ill practice in playing any game of cards or dice, or of any other kind, or at any race, or in betting on any event, wins or obtains any money or property from any other person, shall be held to have unlawfully obtained the same by false pretences, and shall be punishable accordingly.—32-33 V., c. 21, s. 97. 8-9 V., c. 109, s. 17, Imp.

Indictment.-The Jurors for Our Lady the Queen, upon their oath present, that W. M., on ......... by fraud, unlawful device and ill-practice in playing at and with cards, unlawfully did win from one A. B., and obtain for himself, the said W. M., a sum of money, to wit, fifty pounds, of the monies of the said A. B., and so the jurors aforesaid, upon their oath aforesaid, do say that the said W. M. then, in manner and form aforesaid, unlawfully did obtain the said sum of money, to wit, fifty pounds, so being the monies of the said A. B. as aforesaid, from the said A. B. by a false pretence, with intent to cheat and defraud the said A. B. of the said sum of money, to wit, fifty pounds, against the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity.

(2nd count): And the jurors aforesaid, upon their oath aforesaid, do further present, that the said W. M. afterwards, to wit, on the day and year aforesaid, by fraud, unlawful device and ill-practice, in playing at and with cards, unlawfully did win from the said A. B.and obtain for himself, the said W.M., a certain sum of money with intent to cheat him, the said A. B., to the evil example of all others in the like case offending, against the form of the statute in such

case made and provided, and against the peace of Our Lady the Queen, her crown and dignity.-Archbold.

An indictment in the form contained in the above second count was held good after verdict, although it was objected that it should have alleged that the money won was the property of the person defrauded.-R. v. Moss, Dears. & B. 104.

Where the offence was committed by two or more, and there is any doubt whether the game or fraud comes within this section, a count should be added as in R. v. Hudson, Bell, C. C. 263, charging a conspiracy to cheat.

The fraud or unlawful device, or ill-practice must be proved.-R. v. Darmely, 1 Stark. R. 259; R. v. Rogier, 2 D. & R. 431. It does not seem necessary to state the name of the game.—Archbold. See R. v. Bailey, 4 Cox,

390.

Winning by fraud at tossing with coins falls under this section.-R. v. O'Connor, 15 Cox, 3.

81. Every one who, by means of any false ticket or order, or of any other ticket or order, fraudulently and unlawfully obtains or attempts to obtain any passage on any railway, or in any steam or other vessel, is guilty of a misdemeanor, and liable to six months' imprisonment.—32-33 V., c. 21, s. 98.

The clause provides for the offence and the attempt to commit the offence........, Under sect. 183 of the Procedure Act, upon the trial of an indictment for any offence against this clause, the jury may convict of the attempt to commit the offence charged, if the evidence warrants it.

RECEIVING STOLEN GOODS.

82. Every one who receives any chattel, money, valuable security or other property whatsoever, the stealing, taking, extorting, obtaining, embezzling and otherwise disposing whereof amounts to felony, either at common law or by virtue of this Act, knowing the same to have