COMPANIES ACT, 19z¢

603

within twelve months next before the commencement of the
winding up or at any time thereafter fraudulently parts with,
alters, or makes any omission in, or is privy to the fraudulent
parting with, altering, or making any omission in, any
document affecting or relating to the property or affairs of
the company; or
after the commencement of the winding up or at any
meeting of the creditors of the company within twelve
months next before the commencement of the winding up
attempts to account for any part of the property of the
company by fictitious losses or expenses; or
has within twelve months next before the commencement
of the winding up or at any time thereafter, by any false
representation or other fraud, obtained any property for or
on behalf of the company on credit which the company does
not subsequently pay for; or
within twelve months next before the commencement of
the winding up or at any time thereafter, under the false
pretence that the company is carrying on its business,
obtains on credit, for or on behalf of the company, any
property which the company does not subsequently pay
for; or
within twelve months next before the commencement of the
winding up or at any time thereafter pawns, pledges, or
disposes of any property of the company which has been
obtained on credit and has not been paid for, unless such
pawning, pledging, or disposing is in the ordinary way of
the business of the company; or
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 agreement with reference to
the affairs of the company or to the winding up;
he shall be guilty of a misdemeanour and shall, in the case of the
offences mentioned respectively in paragraphs (m), (x) and (0) of
this subsection, be liable on conviction on indictment to penal
servitude for a term not exceeding five years, or on summary con-
viction to imprisonment for a term not exceeding twelve months,
and in the case of any other offence shall be liable on conviction on
indictment to imprisonment for a term not exceeding two years, or
on summary conviction to imprisonment for a term not exceeding
twelve months:

Provided that it shall be a good defence to a charge under any
of paragraphs (a), (b), (¢), (4), (f), (n) and (0), if the accused proves
that he had no intent to defraud, and to a charge under any of
paragraphs (%), (z) and (j), if he proves that he had no intent to con-
ceal the state of affairs of the company or to defeat the law.

(%)

0)

(2) Where any person pawns, pledges or disposes of any
property in circumstances which amount to a misdemeanour under
paragraph (0) of subsection (1) of this section, every person who