A.D. 1865.
A.D. 1865.]
LARCENY.
[No. 5.
211
advance any false statement into any proceeding, and, the Court, to inquire before last
ons shall en- complete dis- question or the hearing of
the misde- ce whatever ously to his t, upon oath of any Court
has been boná
any compul- admissible
of any of
is, nor any
éon against lessen, or grieved by this Ordi- Fender shall
ity against judice any ing for its misappro-
servant, or int, wilful-
per, writ-
or is in the
1 for or on
romits or al particu-
lar from or in any such book or any document or account, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to imprisonment for any term not exceeding seven years, with or without hard labour.
(2.) In any indictment under this section it shall be sufficient to allege a general intent to defraud, without naming any particular person intended to be defrauded.
Obtaining Property by False Pretences.
chattel, etc., by false pretence
24 & 25 Vict. c. 96 s. 88.
75.--(1.) Every person who by any false pretence obtains from any other person any chattel, money, or valuable security, with intent to defraud, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for the term of three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement: Provided that if, on the trial of any person indicted for such misdemeanor, it is proved that he obtained the property in question in any such manner as to amount in law to larceny, he shall not by reason thereof be entitled to be acquitted of such misdemeanor; and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for larceny upon the same facts.
(2.) In any indictment for obtaining or attempting to obtain any such property by false pretences, it shall be sufficient to allege that the accused did the act with intent to defraud, without alleging an intent to defraud any particular person, and without alleging any ownership of the chattel, money, or valuable security: and, on the trial of any such indictment, it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the accused did the act charged with an intent to defraud:
76. Every person who 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 account of the person making such false pretence or of any other person, with intent to defraud, shall be deemed to have obtained such money, chattel, or valuable security within the meaning of the last preceding section.
Case of delivery of property obtained to person other than person making false pretence. Ib. s. 89.
Causing person by false pretence to execute deed or other instrument.
77. Every person who, with intent to defraud or injure any other person, by any false pretence fraudulently causes or induces any other person to execute, make, accept, indorse, or destroy the whole or any part of any valuable security, or to write, impress, or affix his name, or the name of any other person or of any company, firm, or copartnership, or the seal of any body corporate, company, or society, upon any paper or parchment, in order that the same may be afterwards made or con-
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