This unrestricted right, independent of sentence, is rare; another instance is 50-1 V. 28, Merchandise Marks A. 2 (5).

Two men bribed servants of a rival company to their own to disclose a secret of manufacturing silica and the names of persons supplying moulds; the C. C. A. declined to reduce the sentences of four (concurrent) terms of six and four months' imp. w. h. 1. Huessener and Schroeder, 6 Cr. A. R. 173, 1911.

Prevention of Corruption A. 1916, 6-7 G. 5, 64] By s. 1, the maximum sentence on misdemeanours indicted under 52-3 V. 69 or 6 E. 7, 34, where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with His Majesty or any Government Department or any public body or a sub-contract to execute any work comprised in such a contract' shall be seven, and the minimum three years' p. s.: Provided that nothing in this section shall prevent the infliction in addition to penal servitude of such punishment as under' these Acts may be inflicted in addition to imprisonment or prevent the infliction in lieu of penal servitude of any punishment which may be inflicted under them.

By s. 2, if in any proceedings' under those Acts it is proved that any money, gift or other consideration has been paid or given to or received by a person in the employment of His Majesty or any Government Department or a public body, the money, gift or consideration shall be deemed to have been paid or given and received corruptly as such inducement or reward as is mentioned in such Act unless the contrary is proved.'

By s. 4 (1), 'public body' in this A. and in 52-3 V. 69 includes 'local and public authorities of all descriptions.'

By (3) a person serving under any such public body is an agent within' 6 E. 7, 34, and agent' and consideration' here mean what they do in that A. as here amended.

See title Information.

COUNTERFEITING COIN.
See Coining.

CREDIT-OBTAINING, BY FRAUD.

The three heads of s. 156 of the Bankruptcy A. 1914, reproduce verbally s. 13 of the Debtors A. 1869 (except that in b'delivery' is omitted between 'gift' and transfer '), which s. is general and not confined to bankrupts, &c.; maximum sentence, one year's imp. w. h. 1. is the same under both. It follows that the bankruptcy cases on this s. may be usefully consulted.

Obtaining credit] The expression 'credit' was given a wide meaning by the C. for C. C. R., and it has been held that it does not matter how short the period of credit may be, and that if a man parts with his goods without insisting on prepayment or interchangeable payment,' he gives credit. Where, therefore, defendant making no verbal representation of his ability to pay, but being in fact penniless, ordered and consumed a meal at a restaurant, it was held that he was rightly convicted of obtaining credit by fraud under s. 13 of 32-3 V. 62, the Debtors A., or (b) of s. 156 of 4-5 G. 5, 59 (but not of larceny nor of obtaining by false pretences, which see). William Jones, 1898, 1 Q. B. 118; 19 Cox C. C. 87; 67 L. J. Q. B. 41; 77 L. T. 503: C. C. R.

Where a judgment had been recovered against a person not a bankrupt, and on the very next night he removed his property from his house in order to defeat the creditor who had obtained the judgment, it was held that he could be brought within (c) or (3); but, inasmuch as the intent charged was to defraud his 'creditors,' and there was no proof of such intent except in the case of the judgment creditor, nor that there were other creditors, c. q. Rowlands, 8 Q. B. D. 530; 15 Cox C. C. 31; L. J. M. C. 51, 1882: C. O. R.

A plaintiff in an action for unliquidated damages is not a creditor of the defendant within 4-5 G. 5, 59, 156 b, until judgment is recovered and signed: Hopkins, 1896, 1 Q. B. 652; 65 L. J. M. C. 125: C. C. R.

In Benson, 1908, which see, L. Alverstone C.J. said that the words 'any other fraud' (in 1 or a) 'have for many years been treated as constituting a different kind of offence from that of false pretences,' pointing out that in Jones, above, there was no false pretence: c. q. because a count had been so amended as to substitute one charge for another; the fact that the evidence may be the same to establish both cases is immaterial.' But see now s. 5 (2) of Ind. A. 1915. 'Other' implies that the false pretences' must be fraudulent: Muirhead.

6

When defendant obtained a ring without payment on the understanding that he would return it on a stated date and purchase a more valuable one, but he did not do so, but pawned the ring, the C. C. A. thought there might be a question whether credit' was obtained by fraud, but their powers enabled them to dismiss the appeal: Armitage,

According to 21 Cox C. C. 634, the case was James, 1871-'a material part of an indictment cannot be amended.'

3 Or. A. R. 80, 1909. The intent to defraud must be proved and the jury must be directed on it: Brownlow.

"If a man makes statements of fact which he knows to be untrue, and makes them for the purpose of inducing persons to deposit with him money which he knows they would not deposit but for their belief in the truth of his statements, and if he intends to use the money so obtained for purposes different from those for which he knows the depositors understand from his statements that he intends to use it— then, although he may intend to repay the money if he can, and although he may honestly believe and may even have good reason to believe that he will be able to repay it, he has an intent to defraud under this s. (1) or (a). Carpenter, 22 Cox C. C. 618; 76 J. P. 158, 1911: per Channell J.

If a man buys without any intention to pay that is fraud other than false pretences': H. Thompson, 5 Cr. A. R. 9, 1910. That charge is not necessarily sustained by proof of obtaining by a false pretence, though a count, charging a conspiracy to obtain goods on credit fraudulently, might be. A. Steel, 5 Cr. A. R. 289, 1910; the credit alleged must be obtained by the defendant: ib., where it turned out that the fraudulent representation was not made by defendant, but by a person with whom he was in collusion. When defendant sold horses for cash which he promised to refund within a limited time if they were not satisfactory, but did not in fact repay, it was held that this was not obtaining credit (but money) by fraud, and a conviction for the former was quashed: G. Green, 9 Cr. A. R. 127, 1913.

This charge is frequently combined with that of false pretences and of obtaining a chattel, &c. by fraud or false pretences; see Norman, 1914, and D. Johnston, below.

Indictment] Under s. 13 (1) of the Debtors A. it was held sufficient to charge the having obtained credit under false pretences,' or 'by means of other fraud,' without setting out the false pretences by means of which the debt or liability was incurred; 'under' is here used advisedly instead of 'by.' Pierce, 56 L. J. M. C. 85; 16 Cox C. C. 213, 1887: C. C. R., following_Watkinson, 12 Cox O. C. 271, 1872: C. C. R., and dissenting from Bell, 12 Cox C. C. 37, 1871.

Evidence] The admissibility of Similar Acts is discussed generally under that title; see Wyatt, 1904, which 'covered' Walford, 71 J. P. 215, 1907: C. C. R.- the same kind of practice was admissible when only separated by a short interval of time' from that charged: per L. Alverstone C.J.

It was held in Richman that on a trial under this s. and for frauds in bankruptcy persons who supplied goods to the bankrupt (and who, the prosecution suggested, had been defrauded by him) ought not to have been asked whether had they known that he had disposed of his place of business they would have supplied them.

When a pretence of being financially strong is alleged, defendant's banking account may be admitted: Fryer.

Sentence] When the same act was variously charged as obtaining goods by false pretences and credit by fraud, and the sentence for the former was three years' p. s., and for the latter twelve months' imp. w. h. 1. (concurrent), the former was quashed, the O. O. A. saying that when they were in doubt they took the view that the jury found the lesser offence: D. Johnston, 1913.

CREMATION.

See under Dead Bodies.

CROPS, OFFENCES RELATING TO.

See under Arson.

CRUELTY.

See under Child, Lunatics, and Servants.

CUSTOMS (H.M.'s), OFFENCES AGAINST. See Smuggling.

DAMAGE, CRIMINAL.

See Injury.

Common Law.

547

DEAD HUMAN BODIES-OFFENCES RELATING TO.

Disposal] Any one whose duty it is to dispose decently of a dead human body is guilty of a nuisance if, having the means, he does not do so; if he have not, he is not bound to incur a debt, e.g. to the poor law authorities for burial: Vann, 2 Den. 325, 21 L. J. M. C. 20; 5 Cox C. C. 379, 1851: c. q. At common law there is a primâ facie obligation on the individual under whose roof a poor person dies' to bury, &c. decently: per Denman C.J., Stewart, 12 A. & E. 773, 1840.

Although larceny cannot be committed of a dead body (East P. C. 652, citing 12 Co. 113; see also 3 Inst. 203), no one having any right of property therein, yet it is an offence to remove a body without lawful authority-punishable with fine and imprisonment as a misdemeanour. An indictment charged, inter alia, that defendant, a certain dead body of a person unknown. 'wilfully, unlawfully,

and indecently' did take and carry away, with intent to sell and dispose of the same for gain and profit, &c. &c. He had taken the body from some burial-ground, though from which was uncertain, and was found guilty on this count; it was considered by many judges that this was so clearly indictable that no case was reserved. Gilles, 2 Russ. Cri. 1862; R. & R. 366 n., 1820. So to take up a buried body, even for the purpose of dissection, is indictable. Lynn, 2 T. R. 733; 1 Lea. 497, 1788; in Cundick, Dowl. & Ry. N. P. C. 13, 1822, an undertaker employed by a gaoler to bury a convict executed was convicted of selling the body to a surgeon to be dissected though there was no evidence of a sale or of the surgeon's intention. And it makes no difference what are the motives of the removal if it is without lawful authority. See Sharpe, D. & B. C. C. 160; 26 L. J. M. C. 43; 7 Cox C. C. 214, 1857, where defendant acted from motives of filial affection. He had committed a trespass against the owner of the soil; but there seems to be no doubt that even without trespass the offence is still complete.

The burial of the dead is the duty of every parochial priest and minister, and if he neglect or refuse to perform the office, he may, by the express words of canon 68, be suspended by the ordinary for three months; and if any temporal inconvenience arise, as a nuisance, from the neglect to inter 'he is punishable also by the temporal courts by indictment or information.' Andrews v. Cawthorne, Willes, at 538 n. 1744, citing Taylor, 1721. But see now the Burials A. 43-4 V. 41, 1, amended 63-4 V. 15, 8. It is a misdemeanour to bury in a ground closed by law: 16-7 V. 134, 3; also summarily justiciable: 18-9 V. 128, 2.

Preventing a body from being interred has likewise been considered indictable. Thus a workhouse servant and another person were indicted for such a conspiracy. Young, 1788. Digging up a disused burial-ground for building purposes is a misdemeanour at common law, though the human remains are reverently treated. Jacobson, 14 Cox C. C. 522, 1880; a fortiori when they are used indecently: