The pretence,

the bargain (x). However, it seems clear that a false representation respecting an alleged matter of definite fact knowingly made is a false pretence within the statute; even although the representation is merely as to the quality of the goods sold; as when the prosecutor was induced to purchase a chain on the representation that it was fifteen carat gold, whereas it was only six carat (y). But if the representation is only what is matter of opinion, and amounts merely to exaggerated praise, the party is not criminally liable; as where the defendant said his spoons were equal to Elkington's (2).

The false pretence need not be expressed in words; how expressed. it will suffice if the pretence is signified in the conduct and acts of the party; for example, by obtaining goods upon giving in payment a cheque upon a banker with whom the defendant has no account, he believing that it would not be paid on presentation (a); or by a person, who was not a member of the university, obtaining goods fraudulently at Oxford through wearing a commoner's cap and gown (b). A false pretence made through an innocent agent is, of course, the same as if made by the defendant himself.

Indictment for forgery.

If the goods are obtained by means of a forged order, note, or other document, the party should be indicted for forgery, seeing that the punishment for that offence is much more severe. But the prisoner will not be acquitted for the false pretence on the ground that he might have been indicted for forgery (c).

(x) R. v. Ridgway, 3 F. & F. 838.

(y) R. v. Astley, L. R. 1 C. C. R. 301; 40 L. J. (M.C.) 85.

(2) R. v. Bryan, 26 L. J. (M.C.) 84.

(a) R. v. Jackson, 3 Camp. 370; v. R. v. Hazelton, L. R. 2 C. C. R.

134; 44 L. J. (M.C.) 11.

(b) R. v. Barnard, 7 C. & P. 784.

(c) 14 & 15 Vict. c. 100, s. 12.

It will suffice if the falsity of the substance of the pretence is proved, although every particular is not established (d).

ii. The intent to defraud.

defraud.

As in other cases, the intent is generally to be The intent to gathered from the facts of the case. It is sufficient to allege in the indictment, and to prove at the trial, an intent to defraud generally, without alleging or proving an intent to defraud any particular person (e).

other pre

It has been held that to support the evidence of Evidence of intent to defraud proof that the defendant has subse- tences. quently obtained other property from some other person by the same pretence is not admissible (f); but that evidence of similar false pretence on a prior occasion is admissible (g).

Obtaining property by false pretences is a misde- Punishment. meanor, punishable by penal servitude to the extent of five years (h). It is subject to the provisions of the Vexatious Indictments Act (i). As we have seen, the defendant is not entitled to be acquitted for the misdemeanor because the facts shew that the offence amounts to larceny; but no person tried for such misdemeanor is liable to be afterwards prosecuted for larceny upon the same facts (k).

Winning at play by fraud is punishable as for obtaining money by false pretences (1).

Closely allied to the offence of false pretences is that

(d) R. v. Hill, R. & R. 190.

(e) 24 & 25 Vict. c. 96, s. 88.

(f) R. v. Holt, 30 L. J. (M.C.) 11.

(g) R. v. Francis, L. R. 2 C. C. R 128; 43 L. J. (M.C.) 97.

(h) 24 & 25 Vict. c. 96, s. 88.

(i) v. p. 359.

(k) 24 & 25 Vict. c. 96, s. 88; v. R. v. Bulmer, 33 L. J. (M.C.) 171.

(1) 8 & 9 Vict. c. 109, s. 17.

N. S. 512.

See also R. v. O'Connor, 45 L. T.

cution of valu. able securities by fraud.

Inducing exe of inducing persons by fraud to execute valuable securities. For any person, with intent to defraud or injure another, by any false pretence to fraudulently cause or induce any person to execute, make, accept, indorse, or destroy the whole or any part of any valuable security; or (b) to write, impress, or affix his name, or the name of any other person, or of any company, firm, or co-partnership, 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 converted into, or used, or dealt with as a valuable security, is a misdemeanor, punishable as obtaining by false pretences (m).

False personation

of seamen,

of soldiers,

FALSE PERSONATION.

The obtaining goods, money, or other advantage by false personation is a crime similar to false pretences. At common law false personation is punishable as a cheat or fraud; but certain particular cases are dealt with by statute. This crime is also closely connected with forgery; and many statutes providing against forgery at the same time provide against false personation.

Of seamen, soldiers, &c.--For a person, in order to receive any pay, wages, prize money, &c., payable, or supposed to be payable, or any effects or money in charge, or supposed to be in charge, of the Admiralty, falsely and deceitfully to personate any person entitled, or supposed to be entitled, to receive the same, is a misdemeanor, punishable by penal servitude to the extent of five years; or, on summary conviction, by imprisonment not exceeding six months (n).

To knowingly and wilfully personate or falsely assume the name or character of, or to procure others

(m) 24 & 25 Vict. c. 96, s. 90.

(n) 28 & 29 Vict. c. 124, s. 8; v. s. 9.

to personate, &c., a soldier or other person who shall have really served, or be supposed to have served, in Her Majesty's army or in any other military service, or his representatives, in order to receive his wages, prize money, &c., due or payable, or supposed to be due or payable, for service performed, or supposed to be performed, is a felony, punishable by penal servitude to the extent of life (0). It is no defence to an indictment under section 49 that the person was authorized to personate the soldier; or that he had bought from him the prize money to which the latter was entitled (p).

stock,

Owners of Stock, &c.-To falsely and deceitfully of owners of personate the owner of any share or interest in any stock, annuity, or public fund, which is transferable at the Bank of England or Bank of Ireland; or (b) the owner of any share or interest in any capital stock of any body corporate, company, or society established by charter or Act of Parliament; or (c) the owner of any dividend or money payable in respect of any such share or interest, and thereby to transfer, or endeavour to transfer, any such share or interest, or receive, or endeavour to receive, any money so due, as if the offender were the true and lawful owner, is a felony, punishable by penal servitude to the extent of life (9).

property of

To obtain property in general.-By the False Per- of owners of sonation Act, 1874, it is provided that, for any person any kind. to falsely and deceitfully personate any person, or the heir, executor, or administrator, wife, widow, next of kin, or relation of any person, with intent fraudulently to obtain any land, chattel, money, valuable security, or property, is a felony, punishable by penal servitude to the extent of life (r).

(0) 2 & 3 Wm. 4, c. 53, s. 49; 7 Geo. 4, c. 16, s. 38.

(p) R. v. Lake, 11 Cox, 333.

(9) 24 & 25 Vict. c. 98, s. 3; v. also National Debt Act, 1870 (33 & 34 Vict. c. 58, s. 4); India Stock (26 & 27 Vict. c. 73. s. 14); Companies Act, 1867 (30 & 31 Vict. c. 131, s. 35).

(r) 37 & 38 Vict. c. 36, s. I; v. also s. 2.

Personating bail.

What cheats

Bail. Without lawful authority or excuse (which it lies on the accused to prove), in the name of another person to acknowledge any recognizance or bail, or any cognovit actionem, or judgment, or any deed or other instrument, before any court, judge, or other person lawfully authorized in that behalf, is a felony, punishable by penal servitude to the extent of seven years (s).

CHEATING.

Cheating is a comprehensive term, including in its are indictable. wider signification False Pretences, False Personation, and other crimes which are specially provided for. A cheat at common law is the fraudulent obtaining the property of another by any deceitful and illegal practice or token which affects or may affect the public (t). Thus, the leading characteristic of such a cheat is the publicity of its effects. Therefore, a cheat or fraud effected by an unfair dealing and imposition on an individual is not the subject of an indictment at common law. Of course many acts of cheating are not punishable at all by the criminal law; the person wronged being left to its remedy by civil action.

Cheats at common law.

The chief classes of offences regarded as cheats at common law are the following :—

Against public justice, e.g., counterfeiting a discharge.

Against public health, e.g., selling unwholesome provisions.

Against public economy, e.g., by using false weights or measures.

(8) 24 & 25 Vict. c. 98, s. 34. Voters at elections, parliamentary and municipal, 35 & 36 Vict. cc. 33, 60; 5 & 6 Wm. 4, c. 76; 6 & 7 Vict. c. 18.

(t) v. 2 Russ. 520.