If the thing misappropriated is at the time of the misappropriation the property of the Postmaster General, or of any body of persons exercising his office under authority from Her Majesty, or any person under his or their authority, or is in the possession of any such 5 person, in the discharge or for the purpose of discharging any of the duties of his office, or is for the purposes of the post office in any post office or place used for the purposes of a post office, or

If the offender was at the time of his offence an officer, clerk, or servant, public or private, or in the capacity of an officer, clerk, 10 or servant, public or private, of or to the owner of the misappropriated property, and had possession or custody of the misappropriated property as such, or if the thing was stolen, and if at the time of the theft the thing stolen was upon the person of any person, or if it was in a dwelling-house, and the offender put any person therein 15 in fear by any threat or other means.

(c.) Every such offender shall be liable to penal servitude for seven years in all other cases, unless the property misappropriated has a definite money value less than five pounds, in which case the offender shall be liable to be imprisoned with hard labour for two 20 years.

The value of any document showing the title of any person to any property real or personal, or the right of any person to recover any property real or personal from any person, or to enforce any claim or demand upon any person, is for the purposes of this section equal to 25 the value of the property or right which it represents, or of the damages which if the claim or demand were not satisfied might be recovered by the person entitled thereto.

When the thing fraudulently misappropriated is a tree, sapling, shrub, live or dead fence, or vegetable production, the punishment 30 to which the offender is liable shall be determined by the amount of the injury done or by the value of the thing misappropriated, whichever of the two may be the greater.

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Every offender against the provisions of this section being a male under sixteen years of age shall be liable to be once whipped.

SECTION 200.

CONCEALING CERTAIN DOCUMENTS.

Everyone shall be guilty of an indictable offence who for any fraudulent purpose,

Conceals any will, codicil, or other testamentary instrument, or 40 any document being or containing evidence of the title or any part of the title of any person to any real estate or to any interest in or out of any real estate,

A.D. 1878.

Or unlawfully takes from its place of deposit for the time being, or from any person having the lawful custody of it, or injures the whole or any part of any original document whatever belonging to any court of justice whatever, or any Government or public office whatever.

(a.) Every such offender shall be liable upon conviction to penal servitude for life if the thing upon which the offence is committed is a will, codicil, or other testamentary instrument.

(b.) Every other such offender shall be liable to penal servitude for five years.

SECTION 201.

FRAUDULENTLY CONCEALING ORE.

Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to two years imprisonment and hard labour,

Who, being employed in or about any mine, takes, removes, or conceals any ore of any ore of any metal, or other mineral found or being in such mine, with intent to defraud any proprietor of, or any adventurer in, any such mine, or any workman or miner employed therein.

SECTION 202.

CONCEALING TREASURE TROVE.

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Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to imprisonment, who conceals from the knowledge of cur Lady the Queen the finding of any gold or silver in coin, plate, or bullion hidden in ancient times, and in which 25 no person can show any property, whether the offender found such treasure himself or received it from a person who found it, but was ignorant of its nature.

Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to two years imprisonment and hard labour, who unlawfully and wilfully courses, hunts, snares, or carries away, kills, wounds, or attempts to kill or wound, any deer kept or being in an inclosed part of any forest, chase, or purlieu, or in 35 any inclosed land where deer are usually kept.

SECTION 204.

KILLING HARES IN A WARREN.

Everyone shall be guilty of an indictable offence, and shall on conviction thereof be liable to imprisonment, who, between the 40

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expiration of the first hour after sunset and the beginning of the last A.D. 1878. hour before sunrise, takes or kills any hare or rabbit in any warren or ground lawfully used for breeding or keeping hares or rabbits, whether inclosed or not.

CHAPTER XXVIII.

FRAUD.

SECTION 205.

FRAUDULENT FALSE ACCOUNTING AND FALSE STATEMENTS.

Everyone shall be guilty of an indictable offence, and shall be 10 liable upon conviction thereof to seven years penal servitude,

(a.) Who, being a director, manager, public officer, or member of any body corporate or public company, or being a clerk, officer, or servant, or employed or acting in the capacity of a clerk, officer, or servant, to any company or body corporate person or 15 persons whatever, or being the partner of any person, wilfully and with intent to defraud,

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(i.) Destroys, alters, mutilates, or falsifies any book, paper,
writing, valuable security, or account which belongs to or is
in the possession of his employer, or partner, or has been
received by him for or on behalf of his employer or partner; or
(ii.) Makes or concurs in making any false entry in, or omits or
alters, or concurs in omitting or altering, any material particular
from or in any such book, or any document or account; or,
(b.) Who, being a director, public officer, manager, cr member
of any body corporate or public company;

(i.) As such receives or possesses himself of any of the property of
such body corporate or public company, otherwise than in
payment of a just debt and demand, and with intent to defraud,
omits to make or to cause and direct to be made, a full and
true entry thereof in the books and accounts of such body
corporate or public company; or

(ii.) Makes, circulates, or publishes, or concurs in making, circula-
ting, or publishing, any written statement or account which
he knows to be false in any material particular, with intent to
deceive or defraud any member, shareholder, or creditor of
such body corporate or public company; or with intent to
induce any person to become a shareholder or partner therein, or
to intrust or advance any property to such body corporate
or public company, or to enter into any security for the benefit
thereof.

A.D. 1878.

SECTION 206.

DEFINITION OF CHEATING.

Cheating is the act of defrauding any person by any deceitful practice calculated to defraud not only some particular person or body of persons, but any considerable number of persons or bodies of 5 persons separately.

SECTION 207.

PUNISHMENT OF CHEATING.

Everyone who cheats any person shall be guilty of an indictable offence, and shall upon conviction thereof be liable to five years 10 penal servitude.

SECTION 208.

CONSPIRACY TO EXTORT OR DEFRAUD.

Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to five years penal servitude, who con- 15 spires with any other person to extort any valuable thing from any person or to defraud any person of any valuable thing.

SECTION 209.

CHEATING AT PLAY.

Everyone shall be guilty of cheating, and shall be liable to be 20 punished accordingly, who wins or endeavours to win from any other person, to himself or any other or others, any sum of money or valuable thing by any fraud in playing at or betting upon any game of chance or skill or of mixed chance and skill.

The offence herein-before defined is complete as soon as the thing 25 won would according to the intention of the parties have become due or payable if there had been no fraud, and whether any such money or valuable thing is actually paid or delivered or not.

SECTION 210.

OBTAINING THE EXECUTION OF VALUABLE SECURITIES BY FALSE PRETENCES. 30
Everyone shall be guilty of an indictable offence who, with
intent to defraud or injure any person, fraudulently causes or induces
any person to execute or destroy any valuable security, or causes
any one to deal either by alteration or otherwise with any valuable
security in such a way as to alter its effect, provided that nothing 35
which under the provisions herein-after contained amounts to forgery
shall be an offence under this section.

Everyone who commits the offence herein-before defined shall be
liable to the same punishment as if he had fraudulently misappro-
priated property worth as much as the valuable security so fraudu- 40
lently dealt with as aforesaid purported to be worth after it was
so executed or altered, or before it was so destroyed as aforesaid.

SECTION 211.

OBTAINING CREDIT, ETC., BY FALSE PRETENCES.

Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to two years imprisonment and hard 5 labour, who

(a.) In incurring any debt or liability, obtains credit under false pretences, or by means of any other fraud; or

(b.) With intent to defraud his creditors, or any of them, makes or causes to be made any gift, delivery, or transfer of or any charge 10 on his property; or

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(c.) With intent to defraud his creditors, conceals or removes any part of his property since or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him.

SECTION 212.

CONCEALING DEEDS AND INCUMBRANCES.

Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to a maximum punishment of two years imprisonment and hard labour, who, being a seller or mortgagor 20 of land, of any chattels, real or personal, or choses in action conveyed or assigned to a purchaser, or mortgagee, or, being the solicitor or agent of any such seller or mortgagor, conceals from the purchaser or mortgagee any instrument material to the title, or any incumbrance; or falsifies any pedigree on which the title does or may 25 depend, in order to induce him to accept the title offered or produced to him, and with intent to defraud.

No prosecution for any offence against this section shall be commenced without the sanction of Her Majesty's Attorney-General, or if his office is vacant of the Solicitor-General. Such previous 30 notice as the Attorney or Solicitor-General directs of the application for leave to prosecute must be given to the person intended to be prosecuted.

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No one shall be entitled to refuse to answer any claim in the nature of a bill of discovery, or to refuse to answer any question or interrogatory in any civil proceeding in any court, or upon the hearing of any matter in bankruptcy, upon the ground that his doing so might tend to show that he had committed any crime or offence 40 punishable under any provision of this or the next preceding chapter, but no one shall be liable to be convicted of any such crime or

A.D. 1878