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(a) makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the purchase or sale of shares of stock or goods, wares or merchandise, without the shares, goods, wares or merchandise or of selling them, as the case may bej or (b) makes or signs, or authorizes to be made or signed,.any contract or agreement, oral or written, purporting to be for the sale or purchase of shares of stock or goods, wares or merchandise in respect of which no delivery of the thing sold or purchased is made or received, and without the bona fide intention of making or receiving delivery thereof, as paving the case may be, but this section does not apply where a broker, on behalf of a standing that the broker retains or pledges what is delivered as security for the advance of the purchase money or it is established that the accused made or signed a contract or agreement for the sale or purchase of shares of stock or goods, wares or merchandise, or acted, aided or abetted in the making or signing thereof, the burden of proof of a bona fide intention to acquire or to sell the shares, goods, wares or merchandise or to deliver or to receive delivery thereof as the case may be, lies upon the accused Summary of Recommendations of the Joint Committee of the Senate and House of Commons on the subject of Lotteries which are clearly and definitely exempted: borderlands.
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