The chain in fact was 6-carat gold, worth This is a false pretence. link the mark 15-ct. in all £3 08. 3d. ARTICLE 360. (6 1 The word "obtains," in Article 358, means an obtaining by the offender from the owner, with an intent on the part of the offender to deprive the owner permanently and entirely of the thing obtained, and it includes cases in which things are obtained by a contract which is obtained by a false pretence, unless the obtaining under the contract is remotely connected with the false pretence. 2 Whoever, by any false pretence, causes or procures any money to be paid, or any chattel or valuable security to be delivered to any other person for the use or benefit, or on account of the person making such false pretence, or of any other person, with intent to defraud, is deemed to have obtained such money, chattel, or valuable security within the meaning of Article 358. 3 If the person from whom anything is obtained by a person making a false pretence is not deceived by such false pretence, but delivers the thing intended to be obtained by it, knowing the pretence to be false, such thing is not deemed to have been obtained by such pretence. 4 * If a thing is obtained by the joint effect of several false pretences, any one of which is a false pretence within the meaning of the last Article, and if the thing would not have been obtained without that false pretence, it is deemed to have been obtained by such false pretence. Illustrations. (1.) 5 A draws a bill upon B in London and gets it discounted 1 Illustrations (1)-(6). 2 24 & 25 Vict. c. 96, s. 89. 3 Illustration (7). 4 Illustration (8). 5 R. v. Garrett, 1853, D. & P. 232. by C in Russia by falsely pretending, by means of a forged authority, that he is authorised to draw upon B for the amount of the bill. A does not attempt to obtain money by false pretences from B, though he meant that C should forward the draft to B, and should obtain payment of the amount, and though his act if done in England would have been an obtaining by false pretences from C. (2.) 1 A by a false pretence obtains from B, a livery stable keeper, the use of a horse for the day, for which he would have been charged 78. This is not obtaining goods by false pretences, as the horse was returned. (3.) 2 A, by false pretences, induces B to enter into partnership with him, and to advance £500 as part of the capital of the concern. B treats the partnership as an existing one, and endeavours to dispose of his interest in it. A has not obtained £500 by false pretences, as B, as partner, retained his interest in it. 3 (4.) 3 A induces B to buy a cheese at a higher price than it is worth, by inserting in it a taster of superior quality to the rest of the cheese, and so making B believe that the whole cheese was of the same quality as the taster. This is obtaining money by a false pretence. 4 (5.) A induces B to lend him £100 on a deposit of titledeeds to land, by falsely pretending that a house has been built upon it worth £300. This is obtaining £100 by a false pretence. 5 (6.) A, by falsely pretending to be a naval officer, induces B to enter into a contract to board and lodge him at a guinea a week, and under this contract is supplied with food for a week. This is not obtaining food by false pretences, as the supply of food in consequence of the contract is too remotely the result of the false pretence to become the subject of an indictment. (7.) 6 A makes a false pretence to B to obtain money, which pretence is false to B's knowledge. B pays A the money and prosecutes him for obtaining it by a false pretence. This is not obtaining money by a false pretence. 1 R. v. Kilham, 1870, 1 C. C. R. 261. 2 R. v. Watson, 1857, D. & B. 348. The judges guarded in their judgment against the notion that fraudulently inducing a man to enter into a partnership could in no case be within the statute, as, for instance, in the case of the alleged existence of any trade which was a false pretence. 3 R. v. Abbott, 1847, 1 Den. 273. 4 R. v. Burgon, 1856, D. & B. 11. 5 R. v. Gardner, 1856, D. & B. 40. 6 R. v. Mills, 1857, D. & B. 205. It was, however, an attempt to obtain money by a false pretence. (8.) A falsely pretends to B, 1, that he is an unmarried man ; 2, that he will marry B; 3, that if B will give him £8 he will furnish a house for himself and her to live in after marriage. By these false pretences he obtains the £8. He is deemed to have obtained the £8 by the false pretence that he is an unmarried man, which is a false representation as to an existing fact. ARTICLE 361. INTENT TO DEFRAUD. An intent to defraud, in the case of offences against Article 358, is consistent with an intent to undo the effect of the fraud if the offender should be able to do so. Illustration. 1A by false pretences induces B to let him have some carpets, intending to pay for them if he should be able to do so. This is an intent to defraud. ARTICLE 362. CHEATING AT PLAY. 2 Every one is deemed guilty of obtaining money or a valuable thing by a false pretence with intent to cheat or defraud, and is liable to be punished accordingly, who wins from any other person to himself or any other or others, any sum of money or valuable thing by any fraud or unlawful device, or ill practice in playing at or with cards, dice tables, or other game, or in bearing a part in the stakes, wagers, or adventures, or in betting on the sides or hands of them that do play, or in wagering on the event of any game, sport, pastime, or exercise. 1 R. v. Naylor, 1865, 1 C. C. R. 4. 28 & 9 Vict. c. 109, s. 17. See R. v. Hudson, 1860, Bell, C. C. 263, for an illustration of what does not amount to a 66 'game." As to “winning,” it has been doubted whether the money, &c., must be actually obtained, or whether winning the game by a false pretence would be within the section if the loser refused to pay the money: R. v. Moss, 1856, D. & B. 104. ARTICLE 363. OBTAINING CREDIT, ETC., BY FALSE PRETENCES. 1 Every one commits a misdemeanor, and is liable upon conviction thereof to twelve months imprisonment and hard labour, who, (a.) in incurring any debt or liability, obtains credit under false pretences, or by means of any other fraud; or, (b.) with intent to defraud his creditors or any of them makes or causes to be made any gift, delivery, or transfer of or any charge on his property; or, (c.) with intent to defraud his creditors, conceals or removes any part of his property since or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him. ARTICLE 364. CONCEALING DEEDS AND INCUMBRANCES. 2 Every one commits a misdemeanor and is liable, upon conviction thereof, to two years imprisonment and hard labour, who, being a seller or mortgagor of land, or of any chattels, real or personal, or choses in action conveyed or assigned to a purchaser, 3 or mortgagee, or, being the solicitor or agent of any such seller or mortgagor, conceals from the purchaser any settlement, deed, will, or other instrument material to the title, or any incumbrance, or, 1 32 & 33 Vict. c. 62, s. 13: The Debtors Act, 1869. This section applies to all debtors and not merely to bankrupts and liquidating debtors. R. v. Rowlands, 1882, 8 Q. B. D. 530. 2 22 & 23 Vict. c. 35, s. 24. The Attorney-General's consent is necessary to a prosecution for this offence. Wilfully making an affidavit under the Land Transfer Act 1875, containing a statement false in any material particular, is a misdemeanor punishable with two years imprisonment with hard labour, 38 & 39 Vict. c. 87, s. 101. As to certain frauds on the registration of titles, see 25 & 26 Vict. c. 53, ss. 105, 138; and 25 & 26 Vict. c. 67, ss. 44, 45. 3 The words " or mortgagee" were added by 23 & 24 Vict. c. 38, s. 8. falsifies any pedigree on which the title does or may depend, in order to induce him to accept the title offered or produced to him, and with intent to defraud. ARTICLE 365. CONSPIRACY TO DEFRAUD OR EXTORT. Every one commits the misdemeanor of conspiracy who agrees with any other person or persons to do any act with intent to defraud the public, or any particular person, or class of persons, or to extort from any person any money or goods. Such a conspiracy may be criminal although the act agreed upon is not in itself a crime. 1 An offender convicted of this offence may be sentenced to hard labour. Illustrations. The following are instances of conspiracies with intent to defraud. 2 A conspiracy to defraud the public by a mock auction. 3 A conspiracy to raise the price of the funds by false rumours. 4 A conspiracy to defraud the public by issuing bills in the name of a fictitious bank. 5 A conspiracy to induce a person to buy horses by falsely alleging that they were the property of a private person and not of a horse dealer. 6 A conspiracy to induce a man to take a lower price than that for which he had sold a horse, by representing that it had been discovered to be unsound and re-sold for less than had been given for it. 7A conspiracy to defraud a partner by false accounts, the fraud not being in itself criminal when it was committed. 1 14 & 15 Vict. c. 100, s. 29. 2 R. v. Lewis, 1869, 11 Cox, C. C. 404. 7 R. v. Warburton, 1870, 1 C. C. R. 274 X |