R v Francis Ingham
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1859 |
| Date | 01 January 1859 |
| Court | High Court |
English Reports Citation: 169 E.R. 1221
IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR
S. C 29 L J M C 18, 23 J. P 740, 8 Cox C C 240
BELL1BL BEGIN A V. FRANCIS INGHAM 1221 [181] 1859 regina v. francis ingham. (A bankrupt was convicted on an indictment, framed upon section 252 of the 12 & 13 Viet c 106 (The Bankrupt Law Consolidation Act, 1849), for making a false and fraudulent entry in a book of account, with intent to defraud his creditors. The jury found that the entry in question was made by the bankrupt with intent to deceive his creditors as to the state of his accounts, and to prevent the examination and investigation of them in the due course of bankruptcy, and to save him from having to account for the deficiency appearing in the genuine account ; but they found that it was not done to defraud the creditors of any money or property, or to conceal any money or property, or to prevent them from recovering or receiving any part of his estate, or to conceal any misappropriation or preference by him Held, that the conviction was wrong as the Bankrupt was not found to have had any intent to defraud his creditors within the meaning of the statute ) [S. C 29 L J M C 18 , 23 J. P 740 , 8 Cox C C 240 ] The following case was reserved by Crompton J The prisoner was convicted before me at the June Old Bailey Sessions, 1859, for having made a false and fraudulent entry in a book of account, with intent to defraud his creditors, on an indictment framed upon the 252d section of The Bankrupt Act, 12 & 13 Viet c. 106. It appeared that the prisoner had kept a book in which he entered his receipts and payments, and at the time of his bankruptcy that book shewed receipts of money to the amount of £4150, 19s. 7d , and payments to the amount of £3801, 10s , leaving a deiciency of £349, 9s. 7d to be accounted for Being uneasy as to accounting for this deficiency he made a false book in which he entered false amounts opposite many of the items of receipts and payments, so as to shew receipts by him to the amount of £2668, 5s , and payments to the amount of £3172, Is. 7d The jury found that this was done by him with intent to deceive his creditors as to the atate of his accounts, and to prevent the examination and investigation of them in the due course of bankruptcy, and to save him from having to account for the deficiency appearing in the genuine account ; but they found that it was not done to defraud the creditors of any money or property, or to conceal any money or pro-[182] perty, or in...
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