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The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

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332 CRIMINAL PRACTICE RULES-FORMS<br />

NO. 264.-DIRECTORS AND OFFICERS OF CORPORATIONS OR<br />

CO~PANIES FRAUDULENTLY APPROPRIATING PROPERTY, OR<br />

KEEPING FRAUDULENT ACCOUNTS, OR FALSIFYING BOOKS OR<br />

ACCOUNTS.<br />

Section 437.<br />

(1.) Being a director [or offie&] of the X.Y. Company, Limited, .[or of the<br />

Corporation of tlie Municipality of A. (or as the case may be)] did, as such director<br />

[or officer], receive [or possess himself of] $200 (or as the case mag be), the<br />

property of the said company [or corporation], otherwise thaii in payment of a debt<br />

justly due to him for a demand justly made by him], and that the said A.B. then<br />

omitted either to make or to cause or direct to be made a full and true entry thereof<br />

in the books and accouiits bf the said company [or corporation], with intent thereby<br />

then to defraud.<br />

(2.) Being a director [or officer or member] of the X.Y. Company, Limited,<br />

[or of the Corporation of &.I,,<br />

(a) destroyed [or altered or mutilated or falsified or was privy to destroying<br />

(or altering or mutilating or falsifying) ] a book [or document or valuable security<br />

or account or an entry in a book ,(or document or account)] which belonged to the<br />

said company [or corporation], namely, a share register (or as the case may be),<br />

with intent thereby then to defraud;<br />

or (b) made [or was privy to making] a false entry in a book [or document or<br />

account] belonging to the said company [or corporation], namely, a share register<br />

(or as the case may be), with intent thereby then to defraud;<br />

or (c) omitted [or was privy to omitting] from a book [or document or account]<br />

belonging (Be. as in (b)), namely, @e., a material particular, namely, an entry of a<br />

sum of $14,000 paid by the said company [or corporation] to oiie M.X. (or as the<br />

case mag be) with intent thereby then to defraud.<br />

NO. 265.-FALSE STATEMENTS BY OFFICIALS OF COMPANIES.<br />

Section 438.<br />

Being a promoter of the X.Y. Company, Limited, [or of a company then<br />

intended to be formed and to be called the X.Y. Company, Limited,] [or Being a<br />

director (or officer or auditor) of the X.Y. Company, Limited, or of the Corporation<br />

of &e.] macle [or circulated or published] [or coilcurred in making (or circulating<br />

or publishiiig)] a witten stateinelit [or account] which was false in a material<br />

particular, namely, in representing the value of the assets of the said [intended]<br />

company to be of the value of $200,000, whereas in fact they were of much less<br />

vaIue (or as the case mug be, clescrzbing briefly the falsc statement), as the said<br />

A.B. then well knew,<br />

(a) with intent thereby to deceive [or defraud] members [or shareholders or<br />

creditors] of the said company [or corporation];<br />

or (b) with intent thereby to induce persons to become members of the said<br />

company [or to intrust (OT advance) property to the said company (or<br />

corporation) 3 ;<br />

or (c) with intent thereby to induce one E.F. to enter into a security for the<br />

benefit of the said coppany or corporation].<br />

30. 266.-MISAPPROPRIATION BY MEMBERS OF LOCAL AUTHORITIES.<br />

Section 440.<br />

(1,) Scitig n nienilier of the Divisional Board of the Division of A (or US the<br />

cur ma?/ be) advisedly applied $20, which formed part of the Divisional Fund<br />

(or us the case maj be) i hen under the control of the said Divisional Board (or &e.),<br />

to a purpose to which it could not lawfully be applied, as he the said A.B. then<br />

well IZIICIV\’, nnniely, (state the illegal purpose j.<br />

(2. j Being a meniber (&c. as in (1)) advisedly concurred in the applica.tion of<br />

$20, which (&e. as in (1) to the end).<br />

NO. 267.--FRAUDULENT FALSE! ACCOUNTIXG.<br />

Section 441.<br />

Being the clerk [or servant] of [or Being em?ln;.cd as a clerk (or servant) by<br />

or Being then acting in the capacity of a clerk (or servant to)] one E.F. [and<br />

otl;ers],<br />

(a) destroyed Lor altered OT mutilated OT falsified or was privy to destroying<br />

(or altering or mutilating or faIsifying)] a book [or document or valuable sccwlty<br />

or account OT an entry in a book (or document or account)] which bdonged to

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