320
32 1
for "penal servitude"
102
h after the commencement of the winding up prevents the production of any book or paper affecting or relating to the property or affairs of the company; or
(within twelve months next before the com- mencement of the winding up or at any time thereafter, conceals, destroys, mutilates, or falsifies, or is privy to the concealment. destruction. mutilation. or falsification of, any book or paper affecting or relating to the property or affairs of the company; or () within twelve months next before the com- mencement of the winding up or at any time thereafter makes or is privy to the making of any false entry in any book or paper affecting or relating to the property or affairs of the company; or
(k) within twelve months next before the com- mencement of the winding up or at any time thereafter fraudulently parts with, alters, or makes any omission in, or is privy to the fraudulent parting with, altering, or making any omission in, any document affecting or relating to the property or affairs of the company; or
() after the commencement of the winding up or at any meeting of the creditors of the com. pany within twelve months next before the commencement of the winding up attempts to account for any part of the property of the company by fictitious losses or expenses; or (n) has within twelve months next before the commencement of the winding up or at any time thereafter, by any false representation or other fraud, obtained any property for or on behalf of the company on credit which the company does not subsequently pay for; or (n) within twelve months next before the com- mencement of the winding up or at any time thereafter, under the false pretence that the company is carrying on its business, obtains on credit. for or on behalf of the company, any property which the company does not subsequently pay for; or
to) within twelve months next before the com- menceinent of the winding up or at any time thereafter pawns, pledges. or disposes of any property of the company
which has been obtained on credit and has not been paid for, unless such pawning, pledging, or disposing is in the ordinary way of the business of the company; or
be
(P) is guilty of any false representation or other fraud for the purpose of obtaining the consent of the creditors of the company or any of them to an agreement with reference to the affairs of the company or to the winding up: he shall be guilty of a misdemeanour and shall, in the case of the offences mentioned respectively in paragraphs (m), (n) and (0) of this subsection, liable on conviction on indictment to imprisonment for a term not exceeding five years, or on summary conviction to imprisonment for a term no', exceeding twelve months, and in the case of any other offence 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:
Provided that it shall be a good defence to harge under any of paragraphs (a), (b), (c), (d), (f). (n) and (0), if the accused proves that he had no intent to defraud, and to a charge under any of para- graphs (h), (i) and (f), if he proves that he had no intent to conceal the state of affairs of the company or to defeat the law.
103
(2) Where any persou 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 29 aforesaid shall be guilty of a mia- 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.
LI
(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.
"in England" omitted.
paragraph relating to Scotland
omitted.
258. If any director, manager or other officer, or Penalty for contributory of any company being wound up destroys, falsification mutilates, alters, or falsifies any books, papers, or 19 & 20 Geo.
of books. securities, or makes or is privy to the making of any 5, c. 23, false or fraudulent entry in any register, book of s. 272. account, or document belonging to the company with intent to defraud or deceive any person, he shall be guilty of a misdemeanour, and be liable to imprison- ment for any term not exceeding two years, with or without hard labour.
259. If any person, being at the time of the Frauds by
officers of commission of the alleged offence a director, manager
companies or other officer of a company which is subsequently which have ordered to be wound up by the court or subsequently gone into passes a resolution for voluntary winding up
liquidation. 19 & 20 Geo.
(a) has by false pretences or by means of any 5, 23
other fraud induced any person to give credit a. 273. 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.
proper
280.--(1) If where a company is wound up it is Liability shown that proper books of account were not kept by where the company throughout the period of two years accounts commencement of the not kapt. immediately preceding the winding up, every director, manager or other officer 19 & 20 Geo. of the company who was knowingly a party to or 5, c. 23. connived at the default of the company shall, unless *. 274. 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 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