FALSELY PRETENDING TO INCLOSE MONEY IN A LETTER,

361. Every one is guilty of an indictable offence and liable to three years' imprisonment who, 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. R. S. C. c. 164, s. 79. (Amended).

This section is not in the English statutes: "Valuable security" defined, s. 3. See s. 618, post, as to indictment and trial under this section.

OBTAINING PASSAGE BY FALSE TICKETS.

362. Every one is guilty of an indictable offence and liable to six months' imprisonment 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 carriage, tramway or railway, or in any steam or other vessel. R. S. C. c. 164, s. 81.

The clause provides for the offence and the attempt to commit the offence. Under s. 711, post, upon the trial of an indictment for any offence the jury may convict of the attempt to commit the offence charged, if the evidence. warrants it.

CRIMINAL BREACH OF TRUST. •

363. Every one is guilty of an indictable offence and liable to seven years' imprisonment who, being a trustee of any property for the use or benefit, either in whole or in part, of some other person, or for any public or charitable purpose, with intent to defraud, and in violation of his trust, converts any. thing of which he is trustee to any use not authorized by the trust. R. S. C. c. 164, s. 65. 24-25 V. c. 96, s. 80, (Imp.).

See R. v. Cox, 16 O. R. 228; R. v. Stansfeld, 8 L. N. 123.

Section 197 of the Procedure Act, which allowed a conviction under this clause though a larceny was proved, has not been re-enacted in express terms.

Trustee " defined, s. 3.

By s. 547, post, no prosecution is to be commenced under this section without the consent of the Attorney-General of the province.

Indictment.

that A. B., at

on

being the trustee of certain property under the will of

then

CRIM. LAW-27

for a certain public (or charitable) purpose, to wit, for unlawfully, with intent to defraud and in violation of his trust, did convert and appropriate the same to a use not authorized by the said trust, and for a purpose other than the said public (or charitable) purpose, contrary to s. 363 of the Criminal Code of 1892.

PART XXVIII.

FRAUD.

BY DIRECTORS, ETC.

364. Every one is guilty of an indictable offence and liable to seven years' imprisonment who, being a director, manager, public officer or member of any body corporate or public company, with intent to defraud—

(a) destroys, alters, mutilates or falsifies any book, paper, writing or valuable security belonging to the body corporate or public company; or

(b) makes, or concurs in making, any false entry, or omits or concurs in omitting to enter any material particular, in any book of account or other document. R. S. C. c. 164, s. 68. 24-25 V. c. 96, s. 83 (Imp.).

"Valuable security" defined, s. 3.

Section 197 of the Procedure Act, which applied to the repealed section, has not been re-enacted.

Sections 97 et seq. of the Banking Act, 53 V. c. 31, provide for offences by bank officers.

Indictment against a director for destroying or falsifying books, etc.—

that C. D., on

director of a certain body corporate, called

then being a

unlaw

fully, with intent to defraud, did destroy (alter, or mutilate, or falsify) a certain book (or paper, or writing, or valuable security), to wit, belonging to the said body

corporate.

FALSE STATEMENT BY PROMOTERS, DIRECTORS, ETC.

365. Every one is guilty of an indictable offence and liable to five years' imprisonment who, being a promoter, director, public officer or manager of any body corporate or public company, either existing or intended to be formed, makes, circulates or publishes, or concurs in making, circulating or publishing, any prospectus, statement or account which he knows to be false in any material particular, with intent to induce persons (whether ascertained or not) to become shareholders or partners, or with intent to deceive or defraud the members, shareholders or creditors, or any of them (whether ascertained or not), of such body corporate or public company, or with intent to induce any person to intrust or advance any property to such body corporate or public company, or to enter into any security for the benefit thereof. R. S. C. c. 164, s. 69 (Amended). 24-25 V. c. 96, s. 84 (Imp.).

8. 3.

on

The words in italics are new.

Fine, s. 958; "Property" and "public officer" defined,

and

Indictment against a director for publishing fraudulent statements.- that before and at the time of the committing of the offences hereinafter mentioned, C. D. was a director of a certain public company, called that he, the said C. D., so being such director as aforesaid, did unlawfully circulate and publish a certain statement and account, which said statement was false in certain material particulars, that is to say, in this, to wit, that it was therein falsely stated that (state the particulars), he the said C. D., then well knowing the said written statement and account to be false in the several particulars aforesaid, with intent thereby then to deceive and defraud J. N., then being a shareholder of the said public company (or with intent ) . (Add counts stating the intent to be to deceive and defraud "certain persons to the jurors aforesaid unknown, being shareholders of the said public company," and also varying the allegation of the intent as in the section): see s. 616, post.

FALSE ACCOUNTING BY CLERKS. (New).

366. Every one is guilty of an indictable offence and liable to seven years' imprisonment who, being or acting in the capacity of an officer, clerk, or servant, with intent to defraud

(a) destroys, alters, mutilates or falsifies any book, paper writing, valuable security or document which belongs to or is in the possession of his

employer, or has been received by him for or on behalf of his employer, or concurs in so doing; or

(b) makes, or concurs in making, any false entry in, or omits or alters, or concurs in omitting or altering, any material particular from, any such book, paper writing, valuable security or document. 38-39 V. c. 24 (Imp.).

There should be a comma between paper and writing.

"Valuable security" and "writing" defined, s. 3.

Indictment.

that A. B., on, &c., at, &c., being then clerk (officer, servant, or any person employed or acting in the capacity of a clerk, officer, or servant) to C. D., did then and whilst he was such clerk to the said C. D. as aforesaid, unlawfully, wilfully, and with intent to defraud, destroy, to wit, by burning the same (destroy, alter, mutilate, or falsify) a certain book (any book, paper, writing, valuable security, or document), to wit, a cash-book, which said book then belonged to (which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer) the said C. D., his employer.

Second Count.—That the said A. B., on the day and in the year aforesaid, being then clerk to the said C. D., did then and whilst he was such clerk to the said C. D., as aforesaid, unlawfully, wilfully, and with intent to defraud, make (make or concur in making any false entry in, or omit, or alter, or concur in omitting, or altering any material particular) a certain false entry in a certain book (from, or in any such book, paper, writing, valuable security, or document), to wit, a cash book which said book then belonged to the said C. D., his employer, by falsely entering in such books under the date of

a sum of

, as having been paid on that day to one E. F.,

was not

whereas in truth and in fact the said sum of paid on the said day to the said E. F. as he, the said A. B., well knew at the time when he made such false entry as aforesaid, and which said entry was in the words and figures following (setting it out); see R. v. Butt, 15 Cox,

FALSE STATEMENT BY PUBLIC OFFICER. (New).

367. Every one is guilty of an indictable offence and liable to five years' imprisonment, and to a fine not exceeding five hundred dollars, who, being an officer, collector or receiver, intrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes any false statement or return of any sum of money collected by him or intrusted to his care, or of any balance of money in his hands or under his control.

This section is a re-enactment of 50 Geo. III. c. 59, s, 2, with an increased punishment. It ought to form part of the preceding section.

ASSIGNING WITH INTENT TO DEFRAUD.

368. Every one is guilty of an indictable offence 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;

(ii) removes, conceals or disposes of any of his property; or

(6) with the intent that any one shall so defraud his creditors, or any one of them, receives any such property. R. S. C. c. 173, s. 28.

This is a re-enactment of c. 26, s. 20, C. S. U. C.

R. v. Henry, 21 O. R. 113.

DESTROYING BOOKS WITH INTENT TO DEFRAUD.

See

369. Every one is guilty of an indictable offence and liable to ten years' imprisonment who, with intent to defraud his creditors, or any of them, 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. R. S. C. c. 173, s. 27.

This is also taken from c. 26, C. S. U. C. Under the repealed clause the punishment was six months' imprison

ment.

CONCEALING DEEDS OR INCUMBRANCES.

370. Every one is guilty of an indictable offence 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 encumbrance, from such purchaser or mortgagee, or falsifies any pedigree upon which the title depends, with intent to defraud and in order to induce such purchaser or mortgagee to accept the title offered or produced to him. R. S. C. c. 164, s. 91.