obtaining a pair of straps from a tradesman in Oxford. This is a false pretence by conduct.

(2.) 1 A presents a note for £5 as a good note for that amount, knowing that the bank by which it was issued had stopped. This is a false pretence by conduct.

(3.) 2 A gives a cheque in discharge of a debt. This is a representation that A has authority to draw upon the bank for the amount of the cheque, and that the cheque is a good and valid order for the payment of money. If these representations are untrue to the knowledge of A, and if he intends to defraud and obtains goods by making them, he commits the offence of obtaining goods by false pretences, but the mere giving of a cheque is not necessarily a representation that the drawer has funds at the bank to meet it.

(4.) The secretary of an Odd Fellows' lodge tells a member that he owes the lodge 13s. 6d., and thereby obtains that sum from him, whereas in fact he owed only 2s. 2d. This is a false pretence, though an inquiry might easily have been made.

(5.) A represents to B that A has power to bring back B's husband (who had run away) over hedges and ditches, and that a certain stuff which A has is sufficient and effectual for that purpose, and thereby obtains from B a dress and two sixpences. This is a false pretence, although the alleged fact is impossible.

(6.) A tells B that A is going to pay his rent on the 1st of March, and wants £10 to make up his rent, whereby he obtains £10 from B. This statement, though false, is not a false pretence, as it relates to something intended to be done at a future time.

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(7.) A falsely tells B that A has bought skins, and wants £4 10s. to fetch them by the railway, and that he will sell them to B if B will let A have the £4 10s. on account, which B does, partly because B believes that A has bought the skins, and partly because B believes that A will sell the skins to B. This is a false pretence, as part of it alleges falsely an existing fact. (8.) A obtains money from B by promising to marry her, and to furnish

7

1 Per Crompton, J., in Evans's Case, Bell, C. C. 192. The rest of the Court seemed to be of the same opinion.

2 R. V.

Hazleton, L. R. 2 C. C. R. 134. See, too, R. v. Jackson, 3 Camp. 370; R. v. Parker, 2 Moo. 1. There was some slight difference of opinion (or rather of expression) amongst the judges in this case. The judges were anxious to point out that to give a cheque on a bank where the drawer has no balance is not necessarily an offence, as he may have a right to overdraw or a reasonable expectation that if he does his drafts will be honoured. These considerations would seem to affect not the falseness of the pretence, but the defendant's knowledge of its falsehood and his intent to defraud.

3 Woolley's Case, 1 Den. 559. See, too, R. v. Jessop, D. & B. 442.

4 R. v. Giles, L. & C. 502.

3 Lee's Case, L. & C. 309.

R. v. West, D. & B. 575.

7 R. v. Jennison, L. & C. 157.

a house with the money, representing himself to be an unmarried man. A in fact is married. The representation that A was unmarried is a false pretence, though the promises based upon it would not have been false pretences without it.

(9.) A induces B to lend him money by saying that certain spoons are of the best quality, that they are equal to Elkington's A (a description known in the trade), that the foundation is of the best material, and that they have as much silver in them as Elkington's A. These words being construed as mere exaggeration of the quality of the spoons, and not as containing a statement of a definite fact as to the quantity of silver in the spoons, are not a false pretence.

(10.) A induces B to buy a chain by saying, "It is 15-carat gold, and you will see it stamped fine on every link. It was made for me, and I paid nine guineas for it. The maker told me it was worth £5 to sell as old gold." The chain had on every link the mark 15-ct. The chain in fact was 6-carat gold, worth in all £3 Os. 3d. This is a false pretence.

ARTICLE 331.

66
OF OBTAINING."

3 The word "obtains," in Article 329, 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.

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

1 R. v. Bryan, D. & B. 265. This, I think, is the true view of the case. Willes, J., and Bramwell, B., thought the conviction should be sustained on the ground that the representation that the spoons had as much silver on them as Elkington's A was a specific false pretence as to an existing fact. Ten other judges (Campbell, C.J., Cockburn, C.J., Pollock, C.B., Coleridge, Cresswell, Erle, Crompton, Crowder, JJ., and Watson and Channel, BB.), all said in different words that the language used was mere puffery. The principle does not appear to have been doubted. The case is often, but I think wrongly, supposed to decide that a misrepresentation as to quality cannot be a false pretence. This depends on the further question whether the representation is made by means of alleging the existence of a fact which does not exist. R. v. Foster, 46 L. J. (M. C.) 128, is a later illustration of the principle of R. v. Bryan.

2 R. v. Ardley, L. R. 1 C. C. R. 301.

3 Illustrations (1)–(6).

* 24 & 25 Vict. c. 96, s. 89.

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 329.

1 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.

2 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.

3

Illustrations.

(1.) 3 A draws a bill upon B in London and gets it discounted by C in Russia by falsely pretending, by means of a forged authority, that he is authorized 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.) 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 7s. This is not obtaining goods by false pretences, as the horse was returned.

(3.) 5 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.

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(4.) 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

1 Illustration (7).

2 Illustration (8).

3 R. v. Garrett, Dear. 232.

4 R. v. Kilham, L. R. 1 C. C. R. 261.

5 R. v. Watson, 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, of the alleged existence of any trade which was a false pretence.

R. v. Abbott, 1 Den. 273.

making B believe that the whole cheese was of the same quality as the taster. This is obtaining money by a false pretence.

1

(5.) A induces B to lend him £100 on a deposit of title deeds to land, by falsely pretending that a house had been built upon it worth £300. This is obtaining £100 by a false pretence.

(6.) 2A, 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 indict

ment.

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(7.) 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.

(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 332.

INTENT TO DEFRAUD.

An intent to defraud, in the case of offences against Article 329, is consistent with an intent to undo the effect of the fraud if the offender should be able to do so.

Illustration.

4 A by false pretences induces B to let him have some carpets, intending to pay for them if he should be able to do so. defraud. This is an intent to

ARTICLE 333.

5

CHEATING AT PLAY.

Every one is deemed guilty of obtaining money or a

1 R. v. Burgon, D. & B. 11.

2 R. v. Gardner, D. & B. 40.

3 R. v. Mills, D. & B. 205. It was, however, an attempt to obtain money by a

false pretence.

R. v. Naylor, L. R. 2 C. C. R. 4.

58 & 9 Vict. c. 109, s. 17. See R. v. Hudson, Bell, C. C. 263, for an illustration of what does not amount to a "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, D. & B. 104.

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 its 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.

ARTICLE 334.

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, as a maximum punishment, 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 335.

CONCEALING DEEDS AND INCUMBRANCES.

2 Every one commits a misdemeanor and is liable, upon conviction thereof, to a maximum punishment of two years imprisonment and hard labour, who, being a seller or mortgagor of land, of any chattels, real or personal, or choses in

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, L. R. 8 Q. B. D. 530.

222 & 23 Vict. c. 35, s. 24. The Attorney-General's consent is necessary to a prosecution for this offence.