of books. 19 & 20 Geo. 5, c. 23,
s. 272.
1628
(2) Where any person pawns, pledges or disposes of any property in circumstances which amount to a misdemeanour under paragraph (0) of subsection (1) of this section, every person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged, or disposed of in such circum- stances as aforesaid shall be guilty of a mis- demeanour, and on conviction thereof liable to be punished in the same way as if he had received the property knowing it to have been obtained in circum- stances amounting to a misdemeanour.
(3) For the purposes of this section, the expression 'director" shall include any person in accordance with whose directions or instructions the directors of a company have been accustomed to act.
or
Penalty for 258. If any director, manager or other officer, or falsification contributory of any company being wound up destroys,
mutilates, alters, or falsifies any books, papers, securities, or makes or is privy to the making of any false or fraudulent entry in any register, book of account, or document belonging to the company with intent to defraud or deceive any person, he shall be guilty of a misdemeanour, and be able to imprison- ment for any term not exceeding two years, with or without hard labour.
Frauds by officers of companies which have gone into liquidation.
19 & 20 Geo.
5, c. 23
s. 273.
Liability where proper accounts not kept.
19 & 20 Geo. 5, c. 23,
s. 274.
259. If any person, being at the time of the commission of the alleged offence a director, manager or other officer of a company which is subsequently ordered to be wound up by the court or subsequently passes a resolution for voluntary winding up-
(a) has by false pretences or by means of any other fraud induced any person to give credit to the company;
(b) with intent to defraud creditors of the com- pany, has made or caused to be made any gift or transfer of or charge on, or has caused or connived at the levying of any execution against, the property of the company; (c) with intent to defraud creditors of the com- pany, has concealed or removed any part of the property of the company since, or within two months before, the date of any unsatisfied judgment or order for payment of money obtained against the company;
he shall be guilty of a misdemeanour and shall be liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding twelve months.
260.-(1) If where a company is wound up it is shown that proper books of account were not kept by the company throughout the period of two years immediately preceding the commencement of the winding up, every director, manager or other officer of the company who was knowingly a party to or connived at the default of the company shall, unless he shows that he acted honestly or that in the circumstances in which the business of the company was carried on the default was excusable, be liable on conviction on indictment to imprisonment for a term not exceeding one year, or on summary con- viction to imprisonment for a term not exceeding six months.
(2) For the purposes of this section, proper books of account shall be deemed not to have been kept in the case of any company if there have not been kept such books or accounts as are necessary to exhibit and explain the transactions and financial position of the trade or business of the company, including books containing entries from day to day in sufficient detail of all cash received and cash paid, and, where the
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