OFFENCE. Class of Offence and Statute or Authority. FORGERY-continued. s. 13. 256a. Forging or counterfeiting any certificate required by M. 36 & 37 Vict. c. 67, "The Agricultural Children Act, 1873," or gives or signs any such certificate falsely, or makes use of any forged, counterfeited or false certificate, &c. 8. 4. 256b. Forging the seal or signature of any document mentioned M. 36 & 37 Vict. c. 33, in "The Municipal Corporations Evidence Act, 1873," or tending in evidence any such document with a false or counterfeit seal or signature thereto. 256c. Forging or counterfeiting any licence, certificate, document or plan granted or required in pursuance or for the purposes of "The Explosives Act, 1875," or giving or signing any such document or plan, or wilfully makes use of any such. M. 38 Vict. c. 17. 256d. Forging or counterfeiting any certificate required by the M. 35 & 36 Vict. c. 76, 8th section of "The Coal Mines Regulation Act, 1872,” or gives, &c. any such certificate. 256e. Forging, &c. statement in certificate of competency under The Coal Mines Regulation Act, 1872.' 257. At Common Law.] Forging or uttering instruments not 99.66 FRAUD. See tit. "False Pretences," Offence 15, ante, p. 1016, and Offences 238, 241, tit. "Forgery." FRAUDULENT TRUSTEES (Notes 66, 67). s. 8. M. Id. s. 37. M. Common Law. s. 76. 258. Bankers, &c. selling Property.] Whosoever, being a M. 24 & 25 Vict. c. 96, banker, merchant, broker, attorney, or agent, and being intrusted, either solely or jointly with any other person, with the property (Note 68) of any other person for safe custody shall, with intent to defraud, sell, negotiate, transfer, pledge, or in any manner convert or appropriate the same or any part thereof to or for his own use or benefit, or the use or benefit of any person other than the person by whom he was so intrusted. 259. Persons under Powers selling Property.] Whosoever, being intrusted, either solely, or jointly with any other person, with any power of attorney for the sale or transfer of any property, shall fraudulently sell or transfer or otherwise convert the same or any part thereof to his own use or benefit, or the use or benefit of any person other than the person by whom he was so intrusted. M. Id. s. 77. 66 "FRAUDULENT TRUSTEES:" Apprehension of Offenders without Warrant-Restitution of Property.] Note 78, to tit. "Larceny" is applicable to the offences under this title also; but see observations in Note 54, ante, p. 1075. 67 Disclosures before Prosecution.] Note 8, ante, p. 1018, title "Agents." 68 Definitions of "Property" and "Trustee"-Who to prosecute for Offence 260.] By 24 & 25 Vict. c. 96, s. 1 (inter alia), "the term 'property,' shall include every description of real and personal property, money, debts and legacies, and all deeds and instru ments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and shall also include not only such property as shall have been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise: the term 'trustee' shall mean a trustee on some express trust created by some deed, will or instrument in writing [an officer of a savings' bank is within this defini 0.9. VOL. II. 4 B OFFENCE. Class of Offence and Statute or Authority. FRAUDULENT TRUSTEES-continued. 8. 80. 260. Trustees disposing of Property.] Whosoever, being a trustee M. 24 & 25 Vict. c. 96, of any property for the use or benefit, either wholly or partially, of some other person, or for any public or charitable purpose, shall, with intent to defraud, convert or appropriate the same or any part thereof to or for his own use or benefit, or the use or benefit of any person other than such person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or otherwise dispose of or destroy such property or any part thereof. 261. Director, &c. appropriating Property.] Whosoever, being a director, member or puplic officer of any body corporate or public company, shall fraudulently take or apply for his own use or benefit, or for any use or purposes other than the use or purposes of such body corporate or public company, any of the property of such body corporate or public company. 262. Director, &c. keeping Fraudulent Accounts.] Whosoever, being a director, public officer or manager of any body corporate or public company shall as such receive or possess himself of any of the property of such body corporate or public company otherwise than in payment of a just debt or demand, and shall, with intent to defraud, omit to make, or to cause or direct to be made, a full and true entry thereof in the books and accounts of such body corporate or public company. 263. Director, &c. destroying Books, &c.] Whosoever, being a director, manager, public officer or member of any body corporate or public company shall, with intend to defraud, destroy, alter, mutilate, or falsify any book, paper, writing, or valuable security belonging to the body corporate or public company, or make or concur in the making of any false entry, or omit or concur in omitting any material particular, in any book of account or other document. 264. Director, &c. publishing Fraudulent Statements.] Whosoever, being a director, manager, or public officer of any body corporate or public company, shall make, circulate, or publish,- -or concur in making, circulating, or publishing, any written statement or account which he shal know to be false in any material particular, with intent to deceive or defraud any member, shareholder or creditor of such body corporate or public company, or with intent to induce any person to become a shareholder or partner therein, or to intrust or advance any property to such body corporate or public company, or to enter into any security for the benefit thereof. M. Id. s. 81. M. Id. s. 82. M. Id. s. 83. M. Id. s. 84. tion and sect. 80; see Reg. v. Fletcher, 31 L. J. (N. S.) M. C. 206; 1 Leigh & Cave, C. C. 180], and shall include the heir, or personal representative of any such trustee and any other person upon or to whom the duty of such trust shall have devolved or come, and also an executor and administrator, and an official manager, assignee, liqui dator, or other like officer acting under any present or future act relating to joint stock companies, bankruptcy, Id. Id. or Pen. serv. 7-5 yrs. ;- [See Note 68, for defini- Id. proviso, "that no proceeding or prosecution for any offence included in this section shall be commenced without the sanction of her Majesty's Attorney-General, or, in case that office be vacant, of her Majesty's Solicitor-General [which is obtained on a petition or memorial of the facts, accompanied by a statutory declaration of their truth, and insolvency." The section 80 (Offence 260), contains a FRIENDLY SOCIETIES. OFFENCE. Class of Offence and Statute or Authority. 265. Circulating false copies of rules or alterations of rules of M. 18 & 19 Vict. c. 63, an enrolled friendly society. [MEM. Frauds on societies, or officers withholding or misapplying their monies, see Offences, 1, 3, Vol. I., p. 438; also Trades Unions," post.] GAME (NIGHT POACHING). 266. Taking game or rabbits by night, —or using net, &c. for M. s. 1]-after two previous summary convictions (Vol. I.,| 267. Offenders found committing Offence 266, and assaulting 268. Three or more persons together by night unlawfully entering or being on land, open or inclosed, to take or destroy game or rabbits, any of them being armed with any gun, crossbow, firearms, bludgeon, or any other offensive weapon (Note 70). 269. Whosoever shall unlawfully and wilfully, between the M. [MEM. The section is not to affect persons taking in the GAMING. 8. 29. 9 Geo. 4, c. 69, s. 1 (Note 69). Id. s. 2. Id. s. 9. 24 & 25 Vict. c. 96, s. 17 (Note 71). 8. 17. 270. Cheating at play [to be deemed guilty of obtaining money M. 8 & 9 Vict. c. 109, under false pretences. See Reg. v. Hudson, 2 Law T., N. S. 263; 8 Cox, C. C. 305; and the cases in Note 55, ante, p. 1058, under tit. "False Pretences."] GAMING HOUSES. 271. Keeping a common gaming house-[i. c. a betting house, see 16 & 17 Vict. c. 119, s. 2; and a gaming house, 8 & 9 Vict. c. 109, s. 4, and 17 & 18 Vict. c. 38, s. 2, Note 72.] [See as to Summary Convictions, tit. "Betting Houses," Vol. I. p. 312; and "Gaming Houses," Vol. I. p. 458.] GIRL. See titles "Carnally knowing Females," "Women." M. Common Law. the warrant is granted by a justice on sufficient evidence of the offence being given]: provided also, that where any civil proceeding shall have been taken against any person to whom the provisions of this section may apply, no person who shall have taken such civil proceeding shall commence any prosecution under this section, without the sanction of the court or judge before whom such civil proceeding shall have been had or shall be pending." 69 "GAME AND NIGHT POACHING" Apprehension of Offenders without Warrant-Time of Prosecution-Definitions of "Night" and "Game."] As to the power to apprehend offenders, see Note 185, Vol. I. p. 454. The 14 & 15 Vict. c. 19, s. 11, also gives such power (see ante, p. 913). The prosecution for offences under 9 Geo. 4, c. 69, must be |
