Odger's English Common Law

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374 FALSE PRETENCES AN1> OTHER FRAUD.
order to obtain his pay or prize money from the Admiralty is
a misdemeanour punishable with penal servitude for five years. 1
Winning money at cards, &c, by fraud is covered by the
Gaming Act, 1845, 2 and is punishable as obtaining money by
false pretences.
Again, by the Merchandise Marks Act, 1887, 3 "every
person, who
(a) forges any trade mark ; or
(b) falsely applies to goods any trade mark or any mark so
nearly resembling a trade mark as to be calculated to deceive ;
or . . .
(d) applies any false trade description to goods
(f) causes any of these things to be done,"
;
4 or . . .
is guilty of an offence under this Act, unless he proves that he
acted without intent to defraud. He may on conviction on
indictment be sentenced to two years' imprisonment with or
without hard labour, or to a fine, or to fine and imprisonment. 5
So, too, by section 6, sub-s. 1, of the Fertilisers and Feeding
"If any person, who sells any article for
Stuffs Act, 1906 6 :—
use as a fertiliser of the soil or as food for cattle, . . .
(b) causes or permits any invoice or description of
the article sold by him to be false in any material par-
ticular to the prejudice of the purchaser, . . .
he shall, without prejudice to any civil liability, be liable on
summary conviction for a first offence to a fire not exceeding
twenty pounds, and for any subsequent offence to a fine not
exceeding fifty pounds."
There is another offence closely analogous to the crime of
false pretences, namely, obtaining credit by false pretences or
fraud. By the Debtors Act, 1869, 7 any person, who "in
incurring any debt or liability has obtained credit under false
pretences or by means of any other fraud," commits a mis-
1 The Admiralty Powers, &c„ Act, 1865 (28 & 29 Vict. c. 124), s. 8.
2 8 & 9 Vict. c. 109, . 17 ; see B. v. Hudson (1860), 29 L. J. M. C. 145.
» 60 & 61 Vict. c. 28, s. 2 (1).
* As to obliterating marks or making false marks on public stores, see 38 & 39
Vict. c. 25, ss. 4, 5. As to the false marking of anchors or chain cables or false
statements in certificates concerning them, see 62 & 63 Vict. c. 23, ss. 13— 16.
5 For sentences on summary conviction, see s. 2 (3) (ii.).
« 6 Edw. VII. c. 27 ; and see Laird v. Dobell, [1906] 1 K. B. 131 ; Needham
# Co. v. Worcestershire C. U. (1909), 100 L. T. 901.
' 32 & 33 Vict. c. 62, s. 13 (1). See indictment, No. 24, in the Appendix.