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Offences tending to defraud creditors.

Prosecution ordered by the court.

Arrest of a debtor.

to abscond from England with property of his own to the value of £20 (r).

Certain other offences are misdemeanors, punishable by imprisonment not exceeding one year :

For any person—

i. In incurring a debt or liability, to obtain credit under false pretences, or by means of any other fraud.

ii. With intent to defraud any creditor, to make any gift, delivery or transfer of, or any charge on his property.

iii. With like intent to conceal or remove any part of his property since or within two months before the date of any unsatisfied judgment or order for money obtained against him (s).

It is also a misdemeanor, punishable in the same way, for a creditor wilfully and fraudulently to make a false claim (t).

All these misdemeanors fall within the provisions of the Vexatious Indictments Act (u).

Any court exercising jurisdiction in bankruptcy, on receiving the opinion of a trustee that the bankrupt has been guilty of an offence under the Act (the Debtors Act, 1869), or on the representation of a creditor or member of the committee of inspection that there is reasonable ground to believe him so guilty, shall, if there is reasonable probability of the bankrupt being convicted, order the trustee to prosecute (v).

It may not be out of place to mention the cases in which a debtor may be arrested. The court may order

(r) 32 & 33 Vict. c. 62, s. 12.

(8) Ibid. s. 13.

(t) Ibid. s. 14.

(u) Ibid. s. 18, v. p. 344.

(v) Ibid. s. 16.

N. S. 286.

See also R. v. Rowlands, 8 Q. B. D. 530; 46 L. T.

such arrest, and the seizure of any books, papers, moneys, goods, and chattels in his possession, under the following circumstances :

i. If, after petition of bankruptcy, there is probable reason to believe that he is about to go abroad, or quit his residence, with a view to avoid service of the petition or otherwise to delay proceedings;

ii. Or that he is about to remove or conceal his goods.

iii. If, after adjudication in bankruptcy, he removes goods above the value of £5, or fails to attend any examination ordered by the court (w).

And now, even before a petition of bankruptcy has been presented, as soon as a debtor's summons has been served he may be arrested if he is about to go abroad so as to avoid payment, or avoid proceedings (x).

COUNTERFEITING TRADE-MARKS.

relating to

This subject seems peculiarly to fall within a chapter Offences dealing with offences against trade, though it would trade-marks. also find a place under the heading "Forgery." The law as to offences relating to trade-marks is contained in the Merchandise Marks Act, 1862 (y).

Forging (additions to, and alterations of trade-marks, with intent to defraud, as well as fresh fabrications, being deemed forgeries) (2) a trade-mark, or falsely applying any trade-mark with intent to defraud (a), or (ii.), with like intent, applying a forged trade-mark to any bottle, case, wrapper, ticket, &c., in which any article is intended to be sold (b), is a misdemeanor,

(w) 32 & 33 Vict. c. 71, s. 86.

(a) 33 & 34 Vict. c. 76.
(y) 25 & 26 Vict. c. 88.

(z) Ibid. s. 5.
(a) Ibid. s. 2.
(b) Ibid. s. 3.

punishable by imprisonment not exceeding two years, or by fine, or both (c).

The articles to which the trade-mark is applied, and the instruments by which applied, are to be forfeited. No proceedings are to be taken after three years from the offence, or one from the first discovery (d).

Selling goods having forged trade-marks thereon, knowing them to be forged, is an offence punished by a pecuniary penalty (e).

Other offences against trade, e.g., False Pretences, Embezzlement, Cheating, &c., may more conveniently be treated of under the title "Offences against Property." One class only of offences remains to be noticed here, and that a somewhat complex and comprehensive

one.

Right of combination, how

far it may be exercised.

UNLAWFUL INTERFERENCE WITH TRADE BY COMBINA

TIONS, ETC.

It is perfectly legal for workmen to protect their interests by meeting or combining together, or forming unions, in order to determine and stipulate with their employers the terms on which only they will consent to work for them. But this right to combine must not be allowed to interfere with the right of those workmen who desire to keep aloof from the combination, to dispose of their labour with perfect freedom as they think fit (f). Nor must it interfere with the right of

(c) 25 & 26 Vict. c. 88, s. 14.

(d) Ibid. s. 18.

(e) Ibid. s. 4.

(f) "The workmen who think it for their advantage to combine together in the disposal of their labour are no more justified in constraining any other workman, who does not desire such association, to combine with them to bring his labour into common stock, as it were, with theirs-than an association of capitalists in constraining an individual capitalist to bring his capital into common stock with theirs."—Report of the Roy. Com. on Labour Laws, 1867.

the masters to have their contracts duly carried out. Infraction of such rights will bring the wrongdoer within the pale of the criminal law of conspiracy.

The law on this subject is principally contained in the Conspiracy and Protection of Property Act, 1875 (g). It will be well to prefix a provision of the Trades Union Act, 1871 (h). The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.

ful interfer

The following acts are forbidden, and are punishable Acts of unlawon summary conviction or indictment, by imprisonment ence which are not exceeding three months, or penalty not exceeding punishable. £20.

i. For any (i) person, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing to wrongfully and without authority

(a.) Use violence to, or intimidate, such other person, or his wife, or children, or injure his property. (b.) Persistently follow him about from place to place.

(c.) Hide his tools, clothes, or other property, or

hinder him in the use thereof.

(d.) Watch or beset his house, or other place where he resides, or works, or carries on business, or happens to be, or the approach thereto (commonly known as "picketing "), but not if

(g) 38 & 39 Vict. c. 86, repealing 34 & 35 Vict. c. 32 and other Acts. (h) 34 & 35 Vict. c. 31, s. 2.

(i) This word makes the law of general application, and not restricted to trade disputes, though, of course, practically the offence will most frequently occur in connection therewith.

Acts causing

or water.

the object be merely to obtain or communicate information.

(e.) Follow him, with two or more other persons, in a disorderly manner in or through any street or road (j).

ii. For a person employed by the municipal authofailure of gas rities, public companies, contractors, or others who have undertaken to supply gas or water, either alone or with others, wilfully and maliciously to break his contract of service, knowing or having reasonable cause to believe that the probable consequence will be to deprive the inhabitants wholly or to a great extent of gas or water (k).

Acts endangering life, &c.

Procedure.

iii. For a person wilfully and maliciously to break his contract of service, knowing or having reason to believe that the probable consequence will be to endanger human life, or cause serious bodily injury, or expose valuable property to destruction or serious injury (1).

An exceptional course in criminal procedure is allowed in the case of the last two offences, namely, that on the hearing of an indictment or information. for such offences, the respective parties to the contract of service, their husbands or wives, are considered competent witnesses (m). There is also another peculiarity with regard to the proceedings. Power is given to the offender to elect to have the case tried on indictment, and not by a court of summary jurisdiction (n).

(j) 38 & 39 Vict. c. 86, s. 7.

(k) Ibid. s. 4.

(2) Ibid. s. 5.

(m) Ibid. 8. 11. For another instance of this innovation, v. p. 147. (n) Ibid. s. 9. "Making the fact of whether a particular offence is indictable or not depend on the will of the accused person, is a novelty in our jurisprudence, and, to say the least, productive of considerable practical inconvenience."-Davis' Labour Laws, p. 99.

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