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[(8.) A obtains money from B by promising to marry her, and to furnish a house with the money, representing himself to be an unmarried man. A in fact is married. The representation that A was unmarried is a false pretence, though the promises based upon it would not have been false pretences without it.

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(9.) A induces B to lend him money by saying that certain spoons are of the best quality, that they are equal to Elkington's A (a description known in the trade), that the foundation is of the best material, and that they have as much silver in them as Elkington's A. These words being construed as mere exaggeration of the quality of the spoons, and not as containing a statement of a definite fact as to the quality of silver in the spoons, are not a false pretence.

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(10.) A induces B to buy a chain by saying, "It is 15-carat gold, and you will see it stamped fine on every link. It was made for me, and I paid nine guineas for it. The maker told me it was worth £5 to sell as old gold." The chain had on every link the mark 15-ct. The chain in fact was 6-carat gold, worth in all £3 0s. 3d. This is a false pretence.] (11.) A obtains from B a promissory note by the false representation that he is at the time prepared to advance him £100 thereon. This is a false pretence.

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"[The word "obtains," in Article 435, means an obtaining by the offender from the owner, with an intent on the part of the offender to deprive the owner permanently and entirely of the thing obtained, and it includes cases in which things are obtained by a contract which is

1 [R. v. Jennison, L. & C. 157.

2 R. v. Bryan, D. & B. 25. This, I think. is the true view of the case. Willes, J., and Bramwell, B., thought the conviction should be sustained on the ground that the representation that the spoons had as much silver on them as Elkington's A was a specific false pretence as to an existing fact. Ten other judges (Campbell, C.J., Cockburn, C.J. Pollock, C.B., Coleridge, Cresswell, Erle, Crompton, Crowder, JJ., and Watson and Channel, BB.), all said in different words that the language used was mere puffery. The principle does not appear to have been doubted. The case is often, but I think wrongly, supposed to decide that a misrepresentation as to quality cannot be a false pretence. This depends on a further question whether the representation is made by means of alleging the existence of a fact which does not exist. R. v. Foster, 46 L. J. (M. C.) 128, is a later illustration of the principle of R. v. Bryan.

3 R v. Ardley, L. R. 1 C. C. R. 301.

4 R. v. Gordon, L. R. 23 Q. B. D. 354.]

5 S. D. Art. 331.

[Illustrations (1)-(6).] R. v. Rymal, 17 0. R. 227.

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[obtained by a false pretence, unless the obtaining under the contract is remotely connected with the false pretence. Every one 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, is deemed to have obtained such money, chattel, or valuable security within the meaning of Article 435.

2 If the person from whom anything is obtained by a person making a false pretence is not deceived by such false pretence, but delivers the thing intended to be obtained by it, knowing the pretence to be false, such thing is not deemed to have been obtained by such pretence.

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3 If a thing is obtained by the joint effect of several false pretences, any one of which is a false pretence within the meaning of the last Article, and if the thing would not have been obtained without that false pretence, it is deemed to have been obtained by such false pretence.

+ Illustrations.

(1.) 5 A draws a bill upon B in London and gets it discounted by C in Russia by falsely pretending, by means of a forged authority, that he is authorized to draw upon B for the amount of the bill. A does not attempt to obtain money by false pretences from B, though he meant that C should forward the draft to B, and should obtain payment of the amount and though his act if done in England would have been an obtaining by false pretences from C.

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(2.) A by a false pretence obtains from B, a livery stable keeper, the use of a horse for the day, for which he would have been charged 78. This is not obtaining goods by false pretences, as the horse was returned.

1 R. S. C. c. 164, s. 77; 24 & 25 Vict. c. 96, s. 86.

2 [Illustration (7).

3 Illustration (8).]

See illustrations founded in Canadian cases, Art. 435.

[R. v. Garrett, Dear. 232.

R. v. Kilham, L. R. 1 C. C. R. 261.]

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[(3.) A, by false pretences, induces B to enter into partnership with him, and to advance £500 as part of the capital of the concern. B treats the partnership as an existing one, and endeavors to dispose of his interest in it. A has not obtained £500 by false pretences, as B, as partner, retained his interest in it.

(4.) A induces B to buy a cheese at a higher price than it is worth, by inserting in it a taster of superior quality to the rest of the cheese, and so making B believe that the whole cheese was of the same quality as the taster. This is obtaining money by a false pretence.

(5.) 3 A induces B to lend him £100 on a deposit of title deeds to land by falsely pretending that a house had been built upon it worth £300. This is obtaining £100 by a false pretence.

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(6.) A, by falsely pretending to be a naval officer, induces B to enter into a contract to board and lodge him at a guinea a week, and under this contract is supplied with food for a week. This is not obtaining food by false pretences, as the supply of food in consequence of the contract is too remotely the result of the false pretence to become the subject of an indictment.

(7.) A makes a false pretence to B to obtain money, which pretence is false to B's knowledge. B pays A the money and prosecutes him for obtaining it by a false pretence. This is not obtaining money by a false pretence.

(8.) A falsely pretends to B, (1), that he is an unmarried man; (2), that he will marry B; (3), that if B will give him £8 he will furnish a house for himself and her to live in after marriage. By these false pretences he obtains the £8. He is deemed to have obtained the £8 by the false pretence that he is an unmarried man, which is a false representation as to an existing fact.]

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(9.) " A publishes an advertisement intended and fitted to convey the impression that there is a person named A. Brient living at Holt Trowbridge, in the County of Wilts, who is a minister of religion, and that he has instituted a bona fide competition, and made arrangements to present prizes to the successful conpetitors and to give the proceeds derived from

1 [R. v. Watson, D. & B. 348. The judges guarded in their judgment against the notion that fraudulently inducing a man to enter into a partnership could in no case be within the statute, as, for instance, of the alleged existence of any trade which was a false pretence.

2 R. v. Abbott, 1 Den. 273.

3 R. v. Burgon, D. & B. 11.

4 R. v. Gardner, D. & B. 40.] See also R. v. McQuarrie 22 U. C. Q. B. 600.

5 [R. v. Mills, D. & B. 205. It was, however, an attempt to obtain money by a false pretence.]

R. v. Randell, 16 Cox, C. C. 335.

[the entrance fees of competitors, after deducting the prizes, to a charitable institution. There is no such person as the Rev. A. Brient at the address given, and A receives and appropriates the entrance fees. This is an obtaining by false pretences.

1 ARTICLE 438.

INTENT TO DEFRAUD.

[An intent to defraud, in the case of offences against Article 435, is consistent with an intent to undo the effect of the fraud if the offender should be able to do so.

Illustration.

2 A, by false pretences, induces B to let him have some carpets, intending to pay for them if he should be able to do so. This is an intent to defraud.]

3 ARTICLE 439.

CHEATING AT PLAY.

Every one who, by any fraud or unlawful device or ill practice in playing any game of cards or dice, or of any other kind, or at any race, or in betting on any event, wins or obtains any money or property from any other person, is held to have unlawfully obtained the same by false pretences.

ARTICLE 440.

OBTAINING PASSAGE ON RAILWAYS, ETC., BY FALSE TICKETS.

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Every one is guilty of a misdemeanor, and liable to

1 S. D. Art. 332.

2 [R. v. Naylor, L. R. 1 C. C. R. 4.]

3 S. D. Art. 333.

4 R. S. C. c. 164, s. 80; [8 & 9 Vict. c. 109, s. 17. See R. v. Hudson, Bell, C. C. 263, for an illustration of what does not amount to a game." As to "winning," it has been doubted whether the money, &c., must be actually obtained, or whether winning the game by a false pretence would be within the section if the loser refused to pay the money: R. v. Moss, D. & B. 104.] The obtaining of any chattel, money or valuable security by gaming in railway cars, &c., is an obtaining of the same by a false pretence; Art. 240 (a).

5 R. S. C. c. 164, s. 81.

six months' imprisonment, who, by means of any false ticket or order, or of any other ticket or order, fraudulently and unlawfully obtains or attempts to obtain any passage on any railway or in any steam or other vessel.

ARTICLE 441.

1 PRETENDING TO ENCLOSE MONEY, ETC., IN A POST LETTER, AND OTHER FRAUDS IN RESPECT TO POST

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LETTERS, AND THE POSTAL SERVICE.

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Every one is guilty of a misdemeanor, and liable in case (a) to three years' imprisonment, and in cases (b), (c), (d.), (e.) and (f.) to five years' imprisonment, 3 who (a.) for any purpose or with any intent, wrongfully and with wilful falsehood, pretends or alleges that he enclosed and sent or caused to be enclosed and sent in any post letter, any money, valuable security or chattel, which, in fact, he did not so enclose and send, or cause to be enclosed and sent therein; or

(b.) unlawfully opens, or wilfully keeps, secretes, delays or detains, or procures, or suffers to be unlawfully opened, kept, secreted or detained, any post letter bag or any post letter, whether the same came into the possession of the offender by finding or otherwise; or

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(c.) after payment or tender of the postage thereon, if payable to the person having possession of the same, neglects or refuses to deliver up any post letter to the person to whom it is addressed or who is legally entitled to receive the same; or

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(d.) with fraudulent intent, removes from any letter,

1 As to other offences under the Post Office Act, see Articles 403, 404, 585 and 499 note. As to enclosing letter in other mailable matter, see R. S. C. c. 35, s. 93; and s. 108 as to using postage stamps, &c., that have been previously used.

2 R. S. C. c. 164, ss. 77, 79.

3 Art. 17.

4 R. S. C. c. 164, s. 79.

R. S. C. c. 35, s. 89.

6 Id.

7 Id. s. 94.

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