486

Penalty for
falsification
Of books.

Ch. 31. No. 1.] Compantes.

 

(p) is guilty of any false representation or other
fraud for the purpose of obtaining the consent of the
creditors of the company or any of them to an agree-
ment with reference to the affairs of the company
or to the winding up;

he shall be guilty of a misdemeanor and shall, in the case of
the offences mentioned respectively in paragraphs (m), (n)
and (0) of this subsection, be liable on conviction on indict-
ment to imprisonment for five years, or on summary
conviction to imprisonment for twelve months, and in the
case of any other offence shall be liable on conviction on
indictment to imprisonment tor two years, or on summarv
conviction to imprisonment for twelve months:

Provided that it shall be a po “a. to a charge
under any of paragraphs (a), (0), ( ), (f). (7) and (0),
if the accused proves that he had no an to defraud, and
to a charge under any of paragraphs (/), (z) and (4), if he
proves that he had no intent to conceal the state of affairs
of the company or to defeat the law.

(2) Where any person pawns, pledges or disposes of
any property in circumstances w hich amount to a misde-
meanor under paragraph (0) of subsection (1) of this section,
every person who takes in pawn or pledge or otherwise
receives the property knowing it to be pawned, pledged,
or disposed of in such circumstances as aforesaid shall be
guilty of a misdemeanor, and on conviction thereof liable
to be punished in the same way as if he had received the
property knowing it to have been obtained in circumstances
amounting to a misdemeanor.

(3) For the purposes of this section, the eapression

director” shall include any person in accordance with

whose directions or instructions the directors of a company
have been accustomed to act,

257. If any director, manager or other officer, or contri-
butory of any company being wound up destroys, mutilates,
alters, or falsifies any books, papers, or securities, or makes
or is privy to the making of any false or fraudulent entry
in anv register, book of account, or document belonging
to the company with intent to defraud or deceive any
person, he shall be guilty of a misdemeanor, and be liable
to imprisonment for two vears.