Odger's English Common Law

378 FALSE PRETENCES AND OTHER FRAUD.
creditors, and any fraudulent act of the bankrupt which tends
to prevent this is severely punished. Thus, if a debtor does
not fully discover and deliver up to his trustee in bankruptcy
all the property available for distribution among his creditors,
and all documents relating thereto, if he makes any material
omission in any statement as to his affairs, if he fails—for
the space of one month— to inform his trustee that a debt
which he knows or believes to be false has been proved in the
bankruptcy, if he prevents the production of any book or
document relating to his affairs, if he makes any false repre-
sentation or commits any other fraud in order to get any of
his creditors to consent to any agreement as to his affairs, he
commits a misdemeanour and is liable, if tried on indictment,
to be imprisoned for two years, or, if he be tried summarily,
for six months, with or without hard labour. 1
So is he if,
within the times prescribed by section 154 of the Bankruptcy
Act, 1914, he conceals or fraudulently removes any part of
his property to the value of £10, or conceals, destroys,
mutilates or falsifies any books or documents relating to his
affairs, or attempts to account for any part of his property by
fictitious losses or expenses, or fraudulently obtains goods on
credit, 2 or under the false pretence of dealing in the ordinary
way of his business, and does not pay for them, or pledges
goods thus obtained, or disposes of them otherwise than in
the ordinary course of business. 3
It is a felony, punishable
with two years' imprisonment with or without hard labour,
for any bankrupt, after the presentation of a bankruptcy
petition by or against him or within six months before that
date, to leave or attempt or prepare to leave England, taking
with him any of his property to the value of £20. 4
If the
jury is satisfied that the defendant had no intent to defraud,
he will, of course, be entitled to be acquitted. But the burden
lies upon the defendant of proving that he had no such
intention.
' Bankruptcy Act, 1914 (i & 5 Geo. V. c. 59), s. 164.
2 In all casea where the credit given .is £10 or more, it is an offence for an
undischarged bankrupt not to inform his creditor that he is an undischarged bankrupt
(s. 155 (a)). Sec indictments, Nos. 3 and 4, in the Appendix. I
S. 154.
« Ss. 159, 164.