.

(8.) If after the presentation of a bankruptcy petition. against him, or the commencement of the liquidation, he prevents the production of any book, document, paper, or writing affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law:

(9.) If after the presentation of a bankruptcy petition against him, or the commencement of the liquidation, or within four months next before such presentation or commencement, he conceals, destroys, mutilates, or falsifies, or is privy to the concealment, destruction, mutilation, or falsification of any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intention to conceal the state of his affairs or to defeat the law:

(10.) If after the presentation of a bankruptcy petition against him or commencement of the liquidation, or within four months next before such presentation or commencement, he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law:

(11.) If after the presentation of a bankruptcy petition against him or the commencement of the liquidation, or within four months next before such presentation or commencement, he fraudulently parts with, alters, or makes any omission, or is privy to the fraudulently parting with, altering, or making any omission in any document affecting or relating to his property or affairs:

(12.) If after the presentation of a bankruptcy petition against him or the commencement of the liquidation, or at any meeting of his creditors within four months next before such presentation or commencement, he attempts to account for any part of his property by fictitious losses or expenses: (13.) If within four months next before the presentation of a bankruptcy petition against him or the commencement of the liquidation, he, by any false representation or other

1 See Ex parte Brett, 1 Ch. D. 151.

fraud, has obtained any property on credit, and has not paid for the same:

(14.) 1 If within four months next before the presentation of a bankruptcy petition against him or the commencement of the liquidation, he, being a trader, obtains, under the false pretence of carrying on business and dealing in the ordinary way in his trade, any property on credit, and has not paid for the same, unless the jury is satisfied that he had no intent to defraud:

(15.) If within four months next before the presentation of a bankruptcy petition against him or the commencement of the liquidation, he, being a trader, pawns, pledges, or disposes of otherwise than in the ordinary way of his trade, any property which he has obtained on credit and has not paid for, unless the jury is satisfied that he had no intent to defraud:

(16.) If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs, or his bankruptcy or liquidation.

ARTICLE 389.

FALSE CLAIM ON BANKRUPT'S ESTATE.

2 Every one commits a misdemeanor and is liable upon conviction thereof to a maximum punishment of one year's imprisonment and hard labour,

Who being a creditor in any bankruptcy or liquidation by arrangement or composition with creditors in pursuance of the Bankruptcy Act, 1869 (32 & 33 Vict. c. 71), wilfully and with intent to defraud makes any false claim, or any proof, declaration, or statement of account which is untrue in any material particular.

ARTICLE 390.

CONSPIRACIES IN RESTRAINT OF TRADE.

3 A conspiracy in restraint of trade is an agreement between

1 See Ex parte Brett, 1 Ch. D. 151.

2 32 & 33 Vict. c. 62, s. 14.

33 Hist. Cr. Law, 202-227.

two or more persons to do or procure to be done any unlawful act in restraint of trade.

ARTICLE 391.

WHAT ACTS DONE IN RESTRAINT OF TRADE ARE NOT

UNLAWFUL.

1 The purposes of a trade union are not, by reason merely that they are in restraint of trade, unlawful within the meaning of Article 390.

2 No act in contemplation or furtherance of a trade dispute between employers and workmen is unlawful within the meaning of Article 390, unless a person doing it would be punishable for it on indictment, or liable to be imprisoned (either absolutely or at the discretion of the Court as an alternative for some other punishment) on summary conviction.

ARTICLE 392.

CONSPIRACIES IN RESTRAINT OF TRADE, MISDEMEANORS.

2 Every conspiracy in restraint of trade is a misdemeanor, but no person convicted of a conspiracy to do, or procure to be done, in restraint of trade an act punishable only on summary conviction can be sentenced to imprisonment for more than three months, or such longer time, if any, as may have been prescribed by the statute for the punishment of the said act when committed by one person.

ARTICLE 393.

CRIMINAL BREACHES OF CONTRACT OF SERVICE-INTIMIDATION

AND PICKETING.

3 Every person commits a misdemeanor and is liable upon conviction thereof to be fined £20 or to a maximum imprisonment of three months with hard labour,

134 & 35 Vict. c. 31, s. 2.

238 & 39 Vict. c. 86. The words of the earlier part of the section are "punishable as a crime." "Crime" is defined at the end of the section as in the text. 3 38 & 39 Vict. c. 86, s. 3, last paragraph.

(a.) who wilfully and maliciously breaks a contract of service or of hiring, knowing or having reasonable cause to believe that the probable consequence of his so doing, either alone or in combination with others, will be to endanger human life, or cause serious bodily injury, or to expose valuable property, whether real or personal, to destruction or serious injury; or

(b.) 2 who being employed by a municipal authority, or by any company or contractor upon whom is imposed by Act of Parliament the duty, or who have otherwise assumed the duty of supplying any city, borough, town, or place, or any part thereof, with gas or water, wilfully and maliciously breaks a contract of service with that authority or company or contractor, knowing, or having reasonable cause to believe, that the probable consequence of his so doing, alone or in combination with others, will be to deprive the inhabitants of that city, borough, town, place or part, wholly or to a great extent of their supply of gas or water; or

(c.) 3 who being a master legally bound to provide for his servant or apprentice necessary food, clothing, medical aid, or lodging, wilfully and without lawful excuse neglects to provide the same, whereby the health of the servant or apprentice is or is likely to be seriously or permanently injured; or

4

(d.) who with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing wrongfully and without legal authority,

(i.) Uses violence to or intimidates such other person or his wife or children, or injures his property; or

(ii.) Persistently follows such other person about from place to place; or

(iii.) Hides any tools, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof; or

138 & 39 Vict. c. 86, s. 5.

2 Ibid. s. 4.

3 Ibid. s. 6.

+ Ibid. s. 7.

(iv.) Watches or besets the house or other place where such other person resides, or works, or carries on business, or happens to be, or the appproach to such house or place; or

(v.) Follows such other person with two or more other persons in a disorderly manner in or through any street or road.

Attending at or near the house or place where a person resides, or works, or carries on business, or happens to be, or the approach to such house or place in order merely to obtain or communicate information is not a watching or besetting within (iv.)

Cases under this Article may be determined by a Court of summary jurisdiction, or if the accused objects to being tried for such offence by such a Court, the Court of summary jurisdiction [must1] deal with the case in all respects as if the offender were charged with an indictable offence, and the offence may be prosecuted on indictment accordingly.

ARTICLE 394.

BREACHES OF EMPLOYER'S DUTY TO SEAMEN-LEAVING SEAMEN BEHIND.

2 Every one commits a misdemeanor who

(a.) being the master or other person belonging to any British ship wrongfully forces on shore and leaves behind, or otherwise wilfully and wrongfully leaves behind, in any place on shore or at sea, in or out of Her Majesty's dominions, any seaman or apprentice belonging to such ship before the completion of the voyage for which such person was engaged, or the return of the ship to the United Kingdom; or

4

(b.) who being the master of a British ship—

(i.) Discharges any seaman or apprentice in any place

"may," but apparently it means "must."

2 17 & 18 Vict. c. 104.

3 Ibid. s. 206.

4 Ibid, s. 207.