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LAW OF PROPERTY AMENDMENT ACT 1859 - SECT 24 

Punishment of vendor, &c. for fraudulently concealing deeds, &c. or falsifying pedigree.

24. Any seller or mortgagor of land, or of any chattels, real or personal, or
choses in action conveyed or assigned to a purchaser [or mortgagee], or the
solicitor or agent of any such seller or mortgagor, who shall after the
passing of this Act conceal any settlement, deed, will, or other instrument
material to the title or any incumbrance from the purchaser [or mortgagee], or
falsify any pedigree upon which the title does or may depend, in order to
induce him to accept the title offered or produced to him, with intent in any
of such cases to defraud, shall be guilty of a misdemeanor, and being found
guilty shall be liable, at the discretion of the Court, to suffer such
punishment, by fine or imprisonment for any time not exceeding two years...,
or by both, as the Court shall award, and shall also be liable to an action
for damages at the suit of the purchaser or mortgagee, or those claiming under
the purchaser or mortgagee, for any loss sustained by them or either or any of
them in consequence of the settlement, deed, will, or other instruments or
incumbrance so concealed, or of any claim made by any person under such
pedigree, but whose right was concealed by the falsification of such pedigree;
and in estimating such damages, where the estate shall be recovered from such
purchaser or mortgagee, or from those claiming under the purchaser or
mortgagee, regard shall be had to any expenditure by them or either or any of
them in improvements on the land; but no prosecution for any offence included
in this section against any seller or mortgagor, or any solicitor or agent,
shall be commenced without the sanction of Her Majesty's Attorney General ...
and no such sanction shall be given without such previous notice of the
application for leave to prosecute to the person intended to be prosecuted as
the Attorney General ... shall direct.

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© 1859 Crown Copyright

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