Odger's English Common Law

Chapter III.
FALSE PRETENCES AND OTHER FRAUD.
Any person, who with intent to defraud makes a repre-
sentation as to some matter of fact which he knows to jbe
untrue and thereby induces another to part with any chattel,
money or valuable security, 1 is guilty .of the misdemeanour of
obtaining such property by false pretences, and liable on con-
viction to penal servitude to the extent of five years. This
offence can be tried on an indictment either at Assizes or
Quarter Sessions; and since 1899 it can in certain cases be
also dealt with summarily by justices of the peace. 2
Section 32 of the Larceny Act, 1916, runs as follows :
" Every person who, by any false pretence
(1) with inteat to defraud, obtains from any other person any chattel
money or valuable security, or causes or procures any money to be paid, or
any chattel or valuable security to be delivered to himself or to any other
person for the use or benefit or on account of himself or any other person
or
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(2) with intent to defraud or injure any other person, fraudulently
causes or induces any other person
(a) to execute, make, accept, endorse 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 the seal of any body corporate 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 ;
shall be guilty of a misdemeanour and on conviction thereof liable to penal
servitude for any term not exceeding five years."
In dealing with this offence we must consider several
points. In the first place the representation made by. the
prisoner need not always be expressed in words. It is
1 The phrase "valuable security" has a very wide meaning; it is defined by
s. 1 of the Larceny Act, 1861, which is not repealed by the Act of 1916.
2 See Summary Jurisdiction Act, 1899 (62 & 63 Vict. c. 22).
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