1 A conspiracy to defraud generally by getting a settling day for shares of a new company.

ARTICLE 366.

PRETENDING TO EXERCISE WITCHCRAFT.

2 Every one commits a misdemeanor and must upon conviction thereof, be imprisoned for a year, and may be obliged to give sureties for his good behaviour in such sum and for such time as the Court thinks fit, who pretends to exercise or use any kind of witchcraft, sorcery, enchantment, or conjuration, or undertakes to tell fortunes, or pretends from his skill or knowledge in any occult or crafty science to discover where or in what manner any goods or chattels supposed to have been stolen or lost may be found.

ARTICLE 367.

CHEATING.

Every one commits the misdemeanor called cheating, who fraudulently obtains the property of another by any deceitful practice not amounting to felony, which practice is of such a nature that it directly affects, or may directly affect, the public at large. But it is not cheating within the meaning of this Article to deceive any person in any contract or private dealing by lies unaccompanied by such practices as aforesaid.

Illustrations.

(1.) The following are instances of cheating:

3 Selling by a false weight or measure even to a single person.

4

+ Selling clothing with the alnager's seal forged upon it.

1 R. v. Aspinall, 1876, 1 Q. B. D. 730.

29 Geo. 2, c. 5, s. 4. Would it be a good defence to an indictment for this offence to prove that the defendant not only "pretended," but actually practised witchcraft? As to witchcraft, see 2 Hist. Cr. Law, 430-6.

3 R. v. Young, 1789, 3 T. R. 104.

42 Russ. Cr. 516.

1 Selling a picture by means of an imitation of the name of a well-known artist inscribed upon it.

2 Maiming oneself in order to have a pretext for begging.

3 Selling unwholesome bread as if it were wholesome.

(2.) The following cases are instances of frauds not amounting to cheating :

4 Delivering short weight of bread, no false weights or tokens being used.

5 Receiving barley to grind and delivering a mixture of oat and barley meal.

6 Selling as a Winchester bushel a sack of corn which is not a Winchester bushel, but greatly deficient.

ARTICLE 368.

SERVANTS FEEDING HORSES, ETC., AGAINST ORDERS,

7 Every servant who, contrary to the orders of his master takes from his possession any corn, pulse, roots or other food for the purpose of giving the same, or of having the same given, to any horse or other animal belonging to or in the possession of his master is guilty of misdemeanor, and the commission of such offence does not amount to larceny.

If upon the trial of any servant for feloniously taking from his master any corn, pulse, roots or other food consumable by horses or other animals he alleges that he took the same under such circumstances as would constitute the said misdemeanor and satisfies the jury thereof, they may return a verdict accordingly, and thereupon the Court may award imprisonment with hard labour for three months or may inflict a penalty not exceeding five pounds, in case of nonpayment of which imprisonment with hard labour for three months may be imposed unless the penalty be sooner paid.

1 R. v. Closs, 1858, D. & B. 460.

21 Hawk. P. C. 108; 2 Russ. Cr. 515.

32 East P. C. 822; R. v. Dixon, 1814, 3 M. & S. 11,

4 R. v. Eagleton, 1854, D. & P. 376, 515.

5 R. v. Haynes, 1815, 4 M. & S. 214.

Pinckney's Case, 1733, 2 East, P. C. 818.

7 26 & 27 Vict. c. 103, s. 1. This offence is also punishable summarily, see Oke's Synopsis, p. 444.

ARTICLE 369.

FRAUDULENTLY CONCEALING ORE.

1 Every one commits felony and is liable upon conviction thereof to two years imprisonment and hard labour,

who, being employed in or about any mine, takes, removes, or conceals any ore of any metal, or any lapis calaminaris, manganese, mundick, or other mineral found, or being in such mine with intent to defraud any proprietor of, or any adventurer in, any such mine, or any workman or miner employed therein.

ARTICLE 370.

TAKING MARKS FROM PUBLIC STORES.

2 Every one commits felony, and is liable upon conviction thereof to seven years penal servitude,

who, with intent to conceal Her Majesty's property in any stores under the care, superintendence, or control of a Secretary of State, or the Admiralty, or any public department or office, or of any person in the service of Her Majesty, takes out, destroys or obliterates wholly or in part any mark described in the first schedule to the Public Stores Act, 1875 (38 & 39 Vict. c. 25), or any mark whatsoever denoting the property of Her Majesty in any stores.

ARTICLE 371.

CONCEALING TREASURE TROVE.

3 Every one commits a misdemeanor who conceals from the knowledge of our Lady the Queen the finding of any treasure,

1 24 & 25 Vict. c. 96, s. 39.

Re-enacting earlier provisions. Passed

in consequence of decision in R. v. Webb, 1835, 1 Moo. 431.

2 38 & 39 Vict. c. 25, s. 5. See, too, ante, Art. 68; this Act constitutes many offences triable summarily, as to which see Oke's Synopsis, p. 568. 3 3rd Inst. 132. And see R. v. Thomas, 1863, L. & C. 313.

that is to say, of any gold or silver in coin, plate, or bullion, hidden in ancient times, and in which no person can show any property. It is immaterial whether the offender found such treasure himself or received it from a person who found it, but was ignorant of its nature.

CHAPTER XLII

1 FRAUDS BY AGENTS, TRUSTEES, AND OFFICERS OF PUBLIC COMPANIES-FALSE ACCOUNTING

ARTICLE 372.

PUNISHMENT OF MISDEMEANORS IN THIS CHAPTER.

EVERY one who commits any of the misdemeanors defined in this chapter is liable, upon conviction thereof, to seven years penal servitude.

ARTICLE 373.

"MISAPPROPRIATE" DEFINED.

2 In this chapter the word "misappropriate" means converting any of the things in respect of which the offences. defined in it are committed to the use or benefit of the offender, or to the use or benefit of any person other than the person by or for whom the offender was intrusted therewith. In regard to each of the offences defined in Articles. 374, 375, and 376, it is immaterial whether the offender was intrusted with the thing in respect of which the offence was committed solely, or jointly with any other

person.

ARTICLE 374.

MISAPPROPRIATIONS BY BANKERS, MERCHANTS, ETC.

3 Every banker, merchant, broker, solicitor, or other agent commits a misdemeanor,

13 Hist. Cr. Law, 150-160.

2 This Article is simply a drafting abridgment from the sections referred to in the following Articles.

3 24 & 25 Vict. c. 96, s. 75.

4 i.e. other agent like a banker, merchant, broker, or solicitor. The section is aimed at those classes who carry on the occupations or similar occupations to those mentioned in the section, and not at those who carry on no such occupation, but who may happen from time to time to undertake some fiduciary position whether for money or otherwise: R. v. Portugal, 1885, 16 Q. B. D. 487, 491.