5 10 Every such offender shall be liable to five years penal servitude if A.D. 1878. the amount of the damage, spoil, or injury exceeds 201., and to two years imprisonment and hard labour if it does not exceed 201. but does exceed 11. 66 The 52nd section of the Act passed in the 25th year of Her Majesty's reign, chapter 97, shall be amended as follows: It shall be read as if for the words "for which no punishment is hereinbefore provided" were substituted the words" the amount of which "does not exceed five pounds, and which is punishable under the Criminal Code (Indictable Offences), 1878, section 273, or which " is not punishable under the provisions of that Act." 66 SECTION 274. THREATS TO BURN, ETC. Everyone shall be guilty of an indictable offence, and shall be 15 liable upon conviction thereof to ten years penal servitude, who, knowing the contents thereof, sends, delivers, utters, or directly or indirectly causes to be received any document threatening to burn or destroy any building, or any rick or stack of grain, hay, or straw, or other agricultural produce, whether in or under any build20 ing or not, or any ship or vessel, or to kill, maim, or wound any cattle. SECTION 275. MAKING AND POSSESSING GUNPOWDER FOR CERTAIN PURPOSES. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to two years imprisonment and hard 25 labour, who knowingly has in his possession, or makes or manu factures, any gunpowder, explosive substance, dangerous or noxious thing, machine, engine, instrument, or thing with intent thereby, or by means thereof, to commit or for the purpose of enabling any other person to commit any indictable offence punishable under the 30 provisions of this chapter or of chapter XX. or XXI. SECTION 276. MISCHIEVOUS BREACH OF CONTRACT. Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to be fined twenty pounds or to be 35 imprisoned and kept to hard labour for three calendar months, who does or conspires with any other person to do any of the following things; that is to say, (a.) Who wilfully and without legal justification or excuse, or claim of right, founded either on a mistake of law or on a mistake A.D. 1878. of fact, breaks a contract of service or of hiring, knowing or having reasonable cause to believe that the probable consequence of his so doing, either alone or in combination with others, will be to endanger human life, or cause serious bodily injury, or to expose valuable property, whether real or personal, to destruction or serious 5 injury; or, (b.) Who being employed by a municipal authority, or by any company or contractor upon whom is imposed by Act of Parliament the duty, or who have otherwise assumed the duty, of supplying any city, borough, town, or place, or any part thereof, with gas 10 or water, wilfully and without legal justification or excuse, and without claim of right founded on a mistake either of law or of fact, breaks a contract of service with that authority or company or contractor, knowing, or having reasonable cause to believe, that the probable consequence of his so doing, alone or in combination with 15 others, will be to deprive the inhabitants of that city, borough, town, place, or part, wholly or to a great extent of their supply of gas or water; or, The expression" municipal authority" in this section means- 20 (ii.) The Common Council of the City of London. (iii.) The Commissioners of Sewers of the City of London. (iv.) The town council of any borough for the time being subject 1 (v.) Any commissioners, trustees, or other persons invested by local Act of Parliament with powers for improving, cleansing, lighting, or paving any town, or any local board. · any 30 Any municipal authority, company, or contractor authorised or required by or in pursuance of any general or local Act of Parliament to supply any streets of any place with gas, or to supply water on demand to the inhabitants of any place, shall for the purposes of this section be deemed to have imposed upon them 35 respectively by Act of Parliament the duty of supplying such place with gas or water. No one shall be proceeded against under this section unless he has been proceeded against as for a summary offence under the Conspiracy and Protection of Property Act, 1875, and has declared that 40 he objects to being tried for such offence by a court of summary jurisdiction. Nothing in this section shall apply to seamen or to apprentices in A.D. 1878. the sea service. Every person, and the husband and wife of every person, who is indicted for any offence against this section shall be a competent 5 witness upon the trial of such indictment. 10 CHAPTER XXXVII. BANKRUPTCY AND BREACH OF CONTRACT. SECTION 277. ABSCONDING WITH PROPERTY IN CONTEMPLATION OF BANKRUPTCY. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to two years imprisonment and hard labour, who quits England and takes with him, or attempts or makes preparation for quitting England and for taking with him any part of his property, to the amount of twenty pounds or upwards, 15 which ought by law to be divided amongst his creditors, having been adjudged a bankrupt, or having had his affairs liquidated by arrangement after the presentation of a bankruptcy petition against him, or the commencement of his liquidation, or within four months before such presentation or commencement, unless the jury 20 is satisfied that he had no intent to defraud. SECTION 278. PUNISHMENT OF FRAUDULENT DEBTORS. Every person adjudged bankrupt, and every person whose affairs are liquidated by arrangement under the law relating to bankruptcy 25 for the time being, shall be guilty of an indictable offence, and shall be liable upon conviction thereof to a maximum punishment of two years imprisonment and hard labour : (a.) If he does not, to the best of his knowledge and belief, fully and truly discover to the trustee administering his estate for the 30 benefit of his creditors all his property, real and personal, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade (if any), or laid out in the ordinary expense of his family, unless the jury is satisfied that he had no 35 intent to defraud; (b.) If he does not deliver up to such trustee, or as he directs, all such part of his real and personal property as is in his custody or A.D. 1878. under his control, and which he is required by law to deliver up, unless the jury is satisfied that he had no intent to defraud; (c.) If he does not deliver up to such trustee, or as he directs, all books, documents, papers, and writings in his custody or under his control relating to his property or affairs, unless the jury is 5 satisfied that he had no intent to defraud; (d.) If after the presentation of a bankruptcy petition against him, or the commencement of the liquidation, or within four months next before such presentation or commencement, he conceals any part of his property to the value of ten pounds or upwards, or conceals any debt due to or from him, unless the jury is satisfied that he had no intent to defraud; (e.) If after the presentation of a bankruptcy petition against him, or the commencement of the liquidation, or within four months next before such presentation or commencement, he fraudulently removes any part of his property of the value of ten pounds or upwards; 10 15 (f.) If he makes any material omission in any statement relating to his affairs, unless the jury is satisfied that he had no intent to 20 defraud; (g.) If, knowing or believing that a false debt has been proved by any person under the bankruptcy or liquidation, he fails for the period of a month to inform such trustee as aforesaid thereof; (h.) If after the presentation of a bankruptcy petition against 25 him, or the commencement of the liquidation, he prevents the production of any book, document, paper, or writing affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law; 30 (i.) If after the presentation of a bankruptcy petition against him, or the commencement of the liquidation, or within four months next before such presentation or commencement, he conceals, destroys, mutilates, or falsifies, or is privy to the concealment, destruction, mutilation, or falsification of any book or document 35 affecting or relating to his property or affairs, unless the jury is satisfied that he had no intention to conceal the state of his affairs or to defeat the law; (j.) If after the presentation of a bankruptcy petition against him or commencement of the liquidation, or within four months 40 next before such presentation or commencement, he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or A.D. 1878. to defeat the law; (k.) If after the presentation of a bankruptcy petition against him or the commencement of the liquidation, or within four months 5 next before such presentation or commencement, he fraudulently parts with, alters, or makes any omission, or is privy to the fraudulently parting with, altering, or making any omission, in any document affecting or relating to his property or affairs; (1.) If after the presentation of a bankruptcy petition against 10 him or the commencement of the liquidation, or at any meeting of his creditors within four months next before such presentation or commencement, he attempts to account for any part of his property by fictitious losses or expenses; (m.) If within four months next before the presentation of a 15 bankruptcy petition against him or the commencement of the liquidation, he, by any false representation or other fraud, has obtained any property on credit, and has not paid for the same; (n.) If within four months next before the presentation of a bankruptcy petition against him or the commencement of the 20 liquidation, he, being a trader, obtains, under the false pretence of carrying on business and dealing in the ordinary way in his trade, any property on credit, and has not paid for the same, unless the jury is satisfied that he had no intent to defraud; (o.) If within four months next before the presentation of a 25 bankruptcy petition against him or the commencement of the liquidation, he, being a trader, pawns, pledges, or disposes of, otherwise than in the ordinary way of his trade, any property which he has obtained on credit and has not paid for, unless the jury is satisfied that he had no intent to defraud; 30 35 the (p.) If he is guilty of any false representation or other fraud for purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs, or his bankruptcy or liquidation. SECTION 279. FALSE CLAIM ON BANKRUPT'S ESTATE. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to one year's imprisonment and hard labour, Who in any bankruptcy or liquidation by arrangement or com40 position with creditors in pursuance of the law relating to bankruptcy for the time being in force wilfully and with intent to defraud |