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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:

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State of West Virginia,

County, ss: In the

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 of

with which to pay the same; against the peace and dignity of the State. (Code 1916, c. 145.)

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$ 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

or corporation, either or any of the things of benefit mentioned herein; or who, knowing that a 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, represents on a later day, either orally or in writing, that such statement theretofore made, if then again made on said day, would be then true, when in fact, said statement if then made would be false, and procures upon the faith thereof, for the benefit either of himself or of such person, firm or corporation, either or any of the things of benefit mentioned herein, shall, upon conviction thereof, be guilty of a misdemeanor, and punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both, fine and imprisonment. (Code 1916, c. 145.)

$ 12. False advertising.–Any person, firm, corporation or association, or their agents or employees, who with intent to sell, or in any wise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, causes, directly or indirectly, to ba made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper or other publication, or in the form of a book, notice, hand-bill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, and deceptive, knowing or having reason to believe that such assertion, representation or statement is untrue or deceptive, shall be guilty of a misdemeanor and on conviction thereof, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, and such violation, by an agent or employee, shall be deemed an offense as well by the principal or employer, and they may be indicted for the same, either jointly or severally. (Code 1916, c. 145.)

§ 13. Forgery of public records.-If a person forge a public record, or a certificate, return, or attestation of a clerk of a court, public register, notary public, judge, justice, or any public officer, in relation to any matter wherein such certificate, re-turn, or attestation may be received as legal proof, or utter or attempt to employ as true, such forged record, certificate, return, or attestation, knowing the same to be forged, he shall be confined in the penitentiary not less than two nor more than ten. years. (Code 1916, c. 146.)

$ 14. Forgery of official seals.-If a person forge, or keep or conceal any instrument for the purpose of forging, the seal of a court, or of any public office or body politic or corporate in this State, he shall be confined in the penitentiary not less than two nor more than ten years. (Code 1916, c. 146.)

$ 15. Counterfeiting. If any person forge any coin, current by law or usage in this State, or any note or bill of a banking company, or fraudulently make any base coin, or a note or bill purporting to be the note or bill of a banking company, when such company does not exist; or utter or attempt to employ as true, or sell, exchange, or deliver, or offer to sell, exchange or deliver, or receive on sale, exchange or delivery, with intent to utter or employ or to have the same uttered or employed as true, any such false, forged or base coin, note or bill, knowing it to be so, he shall be confined in the penitentiary not less than two nor more than ten years. (Code 1916, c. 146.)

§ 16. Making or possession of forging apparatus.-If a person engrave, stamp, or cast or otherwise make or mend any plate, block, press or other thing adapted and designed for the forging and false making of any writing or other thing, the forging or false making whereof is punishable by this chapter; or if such person have in his possession any such plate, block, press, or other thing, with intent to use, or cause or permit it to be used, in forging or false making any such writing or other thing, he shall be confined in the penitentiary not less than two nor more than ten years. (Code 1916, c. 146.)

§ 17. Forgery or uttering of other writings. If a person forge any writing, other than such as is mentioned in sections 13 and 14 of this chapter, to the prejudice of another's right, or utter or attempt to employ as true, such forged writing, knowing it to be forged, he shall be confined in the penitentiary not less than two nor more than ten years. (Code 1916, c. 146.)

§ 18. Possession of counterfeit with intent to utter.—If a person have in his possession forged bank notes, or pieces of forged or base coin, such as are mentioned in section 15 of this chapter, knowing the same to be forged or base, with intent to utter or employ the same as true, or to sell, exchange, or deliver them, so as to enable any other person to utter or employ them as true, he shall, if the number of such notes or pieces of coin in his possession at the same time be ten or more, be confined in the penitentiary not less than one nor more than five years, and if the number thereof be less than ten, be punished as for a misdemeanor. (Code 1916, c. 146.)

$ 19. Unchartered banks.--All members of any association or company that shall trade or deal as a bank, or carry on banking, without authority of law, and their officers and agents therein, shall be confined in jail not more than six months, and fined not less than one hundred nor more than five hundred dollars. (Code 1916, c. 151.)

$ 20. Unauthorized currency: issuing, passing or receiving If any person shall, without authority of law, issue any note or other security purporting that money or other thing of value, is payable by or on behalf of such person with intent thereby to create a circulating medium, or shall issue or deliver to any person in his employ or in the employ of any person or company of which he is agent or otherwise, any written, printed or

aped check, ticket or other thing to represent money or to be used in lieu thereof, purporting that money or other thing of value will be paid by such person or company, he shall be guilty of a misdemeanor and confined in jail not more than six months, and fined not less than one hundred nor more than five hundred dollars; and the acceptance of any such note, security, check, ticket or other thing, shall not operate as a payment of any debt or claim due or to become due to the person so accepting the same. Provided, That nothing in this section contained, shall be so construed as to prevent the giving of bank checks, promissory notes, single bills, bonds, orders, drafts or bills of exchange in payment of debts or claims due or to become due. (Code 1916, c. 151.)

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