ÆäÀÌÁö À̹ÌÁö
PDF
ePub

value of the thing stolen, or the amount of the damage done, being a shilling at the least; or

(i.) who steals, or cuts, breaks, or throws down, with intent to steal any part of any live or dead fence, or any wooden post, pale, wire, or rail, set up or used as a fence, or any stile or gate, or any part thereof respectively; or

2

(j) who fails to satisfy a justice of the peace, on being taken or summoned before him, that he came lawfully by any of the things mentioned in clauses (h.) or (i.) found in his possession, or on his premises with his knowledge; or (.) who steals, or destroys, or damages with intent to steal any plant, root, fruit, or vegetable production, growing in any garden, orchard, pleasure ground, nursery ground, hothouse, greenhouse, or conservatory; or

4

3

(7.) who steals or destroys, or damages with intent to steal, any cultivated root or plant used for the food of man. or beast, or for medicine, or for distilling, or for dyeing, or

[blocks in formation]

for or in the course of any manufacture, and growing in any land open or enclosed, not being a garden, orchard, pleasure ground, or nursery ground; or

(m.) 1 who, being taken or summoned before a justice, does not satisfy such justice that he came lawfully by any goods, merchandise, or articles of any kind belonging to any ship or vessel in distress, or wrecked, stranded, or cast on shore, found in his possession, or on his premises with his knowledge; or

(n.) 2 who, being summoned by a justice of the peace, does

[blocks in formation]

not appear and satisfy such justice that he came lawfully by any goods, merchandise, or articles whatsoever, offered or exposed for sale by him, and unlawfully taken, or reasonably suspected so to have been taken from any ship or vessel in distress, or wrecked, stranded, or cast on shore.

1

Every one who commits any of the offences specified in clauses (h.) or (.), after being previously convicted of any misdemeanor indictable under 24 & 25 Vict. c. 96, or after two previous summary convictions under 24 & 25 Vict. c. 96, or c. 97, or any of the Acts mentioned in note (2) to Article 321, is liable to a maximum punishment of seven years penal servitude.

[blocks in formation]

124 & 25 Vict. c. 96, s. 8, S. W. See note to last Article.

CHAPTER XL.

'OBTAINING PROPERTY BY FALSE PRETENCES AND OTHER CRIMINAL FRAUDS AND DEALINGS WITH PROPERTY,

ARTICLE 329.

OBTAINING GOODS, ETC., BY FALSE PRETENCES.

EVERY one commits a misdemeanor, and is liable upon conviction thereof to five years penal servitude as a maximum punishment, who

(a.) 2 by any false pretence obtains from any other person any chattel, money, or valuable security with intent to defraud, or who,

4

(b.) 3 with intent to defraud or injure any other person by any false pretence, fraudulently causes or induces any other person to execute any valuable security, or to write, impress, or affix his name, or the name of any other person,5 upon any paper or parchment, in order that the same may afterwards be made or converted into, or used or dealt with as, a valuable security.

It is not an offence to obtain by false pretences any chattel which is not the subject of larceny at common law, but it is immaterial whether such a chattel so obtained is or is not in existence at the time when the false pretence is made if the thing when made is obtained by the false pretence.

It is not an offence to obtain credit in a partnership account by false pretences as to the amount which a partner is entitled to charge against the partnership funds.

13 Hist. Cr. Law, 160-2.

2 24 & 25 Vict. c. 96, s. 88, S., as explained by the cases.

3 Ibid. s. 90, S. This section was meant to cover such cases as R. v. Danger, D. & B. 307, and greatly extends the old law on the subject. See Mr. Greaves's note to the section in his edition of the Acts.

5

Make, accept, endorse, or destroy the whole or any part of.

or of any company, firm, or co-partnership, or the seal of any body corporate, company, or society.

Illustrations.

(1.) A obtains two pointers worth £5 each by a false pretence. This is not an offence within this Article.

(2.) 2 A orders a van from B, and gets it made and delivered by falsely pretending to be agent to a company. This is an offence, although the van was not in existence when the pretence was made.

3

(3.) A travels as agent for his partners, and obtains commission from them by falsely pretending he has received orders. His commission would form a charge on the partnership funds. This is not an offence within this Article.

ARTICLE 330.

DEFINITION OF "FALSE PRETENCE."

The expression "false pretence," in Article 329, means a false representation made either by words, by writing, or by conduct, that some fact exists or existed, and such a representation may amount to a false pretence, although a person of common prudence might easily have detected its falsehood by inquiry, and although the existence of the alleged fact was in itself impossible.

But the expression "false pretence" does not include

(a.) a promise as to future conduct not intended to be kept, unless such promise is based upon or implies an existing fact falsely alleged to exist; or,

(b.) such untrue commendation or untrue depreciation of an article which is to be sold as is usual between sellers and buyers, unless such untrue commendation or untrue depreciation is made by means of a definite false assertion as to some matter of fact capable of being positively determined.

Illustrations.

(1.) *A, not being a member of the University of Oxford, represents himself to be such by wearing a student's cap and gown, and thereby

1 R. v. Robinson, Bell, 34.

2 R. v. Martin, L. R. 1 C. C. R. 56.

3 R. v. Evans, L. & C. 755. I am unable to follow the reasoning of this judgment. R. v. Barnard, 7 C. & P. 784. The defendant said he was a member of Magdalen College, but Bolland, B., said he would have left the case to the jury on the mere wearing of the dress if nothing had been said.

« ÀÌÀü°è¼Ó »