§ 4. Receiving stolen goods.-If any person buy or receive from another person, or aid in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender be not convicted. (Code 1916, c. 145.)

§ 5. Embezzlement. If any officer, agent, clerk or servant of this State, or of any county, district, school district or municipal corporation, or of any incorporated bank, or other corporation, or any officer of public trust in this State, or any agent, clerk or servant of any firm or person, or company or association of persons not incorporated, embezzle or fraudulently convert to his own use, bullion, money, bank notes, security for money, or any effects or property of any other person, which shall have come into his possession, or been placed under his care or management, by virtue of his office, place or employment, he shall be guilty of larceny thereof. In the prosecution of any such officer, agent, clerk or servant, charged with such embezzlement, fraudulent conversion or larceny, if it appear that the possession of such bullion, money, bank notes, security for money or other property is unlawfully withheld by such officer, agent, clerk or servant, from the person or persons entitled thereto, and that such officer, agent, clerk or servant has failed or refused to restore or account for such bullion, money, bank notes, security for money or other property, within thirty days after proper demand has been made therefor, such accused officer, agent, clerk or servant shall be presumed to be guilty of such offence; but the accused may rebut such presumption by disproving any such facts, or by other competent testimony germane to the issue, upon the trial. An indictment for any such offence shall be sufficient if it be in form or effect as follows:

The grand jurors of the State of West Virginia, in and for the body of the county of upon their oaths present that A. 19, in the county aforesaid, did,

B., on the

day of

feloniously embezzle, convert to his use and steal certain bullion, money, bank notes, securities for money and other effects and property of and belonging to

property,) of the value of

to-wit. (here describe the

dollars, he, the said A. B.,

having then and there in his possession such bullion, money, bank notes, securities for money and such other effects and property, by virtue of a certain office, place and employment, to-wit: (here state office, place or employment); against the peace and dignity of the State."

And whenever any officer, agent, clerk or servant of this State, or of any county, district, school district, or municipal corporation, shall appropriate or use for his own benefit, or for the benefit of any other person, any bullion, money, bank notes, security for money, or funds belonging to this State or to any such county, district, school district or municipal corporation, he shall be held to have embezzleď the same, and be guilty of the larceny thereof, and the failure of any such officer, clerk or servant to account for or pay over, as required by law, any such bullion, money, bank notes, security for money or funds shall be prima facie evidence that he has so appropriated or used the same for his own benefit or for the benefit of such other persons. (Code 1916, c. 145.)

§ 6. Same: by carrier or other person.-If any carrier or other person to whom money or other property which may be the subject of larceny, may be delivered to be be carried for hire, or any other person who may be instrusted with such property, embezzle or fraudulently convert to his own use or secrete with intent to do so, any such property, either in mass or otherwise, before delivery thereof at the place at which, or to the person to whom, they were to be delivered, he shall be deemed guilty of larceny thereof. (Code 1916, c. 145.)

§ 7. False accounts. If any officer, clerk or agent of this State, or of any county, district, school district or municipal corporation thereof, or of any bank or incorporated company, or any clerk or agent or firm or person or association of persons not incorporated, make, alter or omit to make any entry in any book of account of, or in any account kept by such State, county, district, school district, municipal corporation, bank, incorporated company, firm or person, or association of persons, or mutilate, destroy or conceal any such account or book of accounts, with intent in so doing to conceal the true state of any account, or to defraud the State or any county, district, school district, municipal corporation, bank company, firm or person, or with intent

to enable or assist any person to obtain money to which he was not entitled, such officer, clerk, or agent shall be confined in the penitentiary not less than two nor more than ten years. 1916, c. 145.)

(Code

§ 8. Destroying or concealing will; embezzlement by fiduciary. -If a person fraudulently destroy or conceal any will or codicil, with intent to prevent the probate thereof, he shall be confined in the penitentiary not less than two nor more than five years. If any guardian, personal representative, or other fiduciary, shall wilfully and knowingly fail to make and return an inventory of any personal property (of which an inventory is required by law to be made) which may come to his hands as such, or shall wilfully and knowingly fail or refuse to produce any such property for appraisement in the manner required by law, or shall wilfully and knowingly conceal or embezzle any such property, he shall be guilty of the larceny thereof; and the failure of any such guardian, personal representative or other fiduciary, to account for or to pay over or deliver when directed by the court, as required by law, any money, bullion, bank notes or other property, determined by the proper officer or court to be due or payable, shall be prima facie evidence that such guardian, personal representative or other fiduciary has embezzled the same. (Code 1916, c. 145.)

§ 9. Cheating by false pretenses. If any person obtain from another, by any false pretense, token or representation, with intent to defraud, money, goods or other property which may be the subject of larceny, or if he obtain from another any money, goods or other property, which may be the subject of larceny, on credit, by representing that there is money due him, or to become due him, and shall assign his claim for such money, in writing, to the person from whom he shall obtain such money, goods or other property, and shall afterwards collect the same without the consent of such assignee, with intent to defraud, he shall in either case be deemed guilty of larceny; or if any person obtain by any false pretense, token or representation, with intent to defraud, the signature of any other person to a writing, the false making whereof would be forgery; every person so offending against any of the provisions of this section shall, upon conviction thereof, be confined in the penitentiary not less than one nor more than five years, or at the discretion of the court be

confined in jail not more than one year and be fined not exceeding five hundred dollars. And any person who shall remove any of his property out of any county with intent to prevent the same from being levied upon by any execution, or who shall secrete, assign or convey or otherwise dispose of any of his property with intent to defraud any creditor or prevent such property being made liable for payment of his debts, and any person who shall receive such property, with such intent, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five nor more than one thousand dollars and imprisoned in the county jail not to exceed one year. And when the property so removed, secreted, concealed, assigned, conveyed, received or otherwise disposed of, shall be worth fifty dollars or less such offence shall be tried by a justice of the peace in the mode prescribed for the trial of other criminal offences in chapter fifty of the code of West Virginia: provided, that upon conviction for such offence before a justice of the peace the person so convicted shall be fined not exceeding fifty dollars and confined in the county jail not exceeding thirty days. But nothing in this act contained shall prevent any creditor from proceeding against any such fraudulent debtor as is provided in sections thirty to thirty-seven, inclusive, of chapter one hundred and six, and sections four to seventeen, inclusive, of chapter one hundred and forty-one of the code, or of any other remedy at equity or law now existing. (Code 1916, c. 145.)

§ 10. Giving worthless check. If any person make, issue and deliver to another for value any check or draft on any bank, and thereby obtain from such other any credit, money, goods or other property of value, and have no funds, or insufficient funds, on deposit to his credit in said bank with which such draft or check may be paid, he shall be guilty of a misdemeanor, if the amount of such check or draft be under twenty dollars, and upon conviction thereof be fined not exceeding one hundred dollars and confined in the county jail not less than one day nor more than thirty days, and if the amount of such check or draft be twenty dollars or over he shall be guilty of a felony and confined in the penitentiary not less than one year nor more than two years, and the drawer of such check or draft shall be prosecuted in the county in which he delivers the same. Provided, however, that if the person who makes, issues and delivers any such check

shall, within twenty days from the time, he receives actual notice, verbal or written, of the protest of such check, pay the same, he shall not be prosecuted under this section, and any prosecution that may have been instituted within the time above mentioned, shall, if payment of said check be made as aforesaid, be dismissed at the cost of defendant.

Justices of the peace shall have jurisdiction to try misde meanors hereunder. The following form of indictment shall be deemed sufficient:

State of West Virginia,

In the

County, ss:

Court of said County:

The Grand Jurors of the State of West Virginia, in and for the body of the county of upon their oaths present that within one year last past, in the county aforesaid, did unlawfully and feloniously (if for a felony, or "did unlawfully," if for a misdemeanor) issue and deliver unto for value, his certain check (or draft) of the words and figures as follows: (Here copy) when he, the said had insufficient funds on deposit with the said bank with which to pay the same; against the peace and dignity of the State. (Code 1916, c. 145.)

of

§ 11. False statement as to credit.-Any person who shall knowingly make or cause to be made, either directly or indirectly, or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, respecting the financial condition, or means or ability to pay, of himself, or any other person, firm or corporation, in whom or in which he is interested, or for whom or for which he is acting, for the purpose of procuring in any form whatsoever, either the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the discount of an account receivable, or the making, acceptance, discount, sale or indorsement of a bill of exchange, or promissory note, for the benefit of either himself or of such person, firm or corporation; or who, knowing that a false statement in writing has been made, respecting the financial condition or means or ability to pay, of himself, or such person, firm or corporation in which he is interested, or for whom he is acting, procures, upon the faith thereof, for the benefit either of himself, or of such person, firm