ÆäÀÌÁö À̹ÌÁö
PDF
ePub

fraudulently gets into possession of money or property, is punishable by imprisonment in the county jail not exceeding one year, and by fine not exceeding three times the value of the money or property so obtained.

False pretenses.-The essence of this offense is that the false pretense should relate to a past event, or to a fact having a present existence, and not to something to happen in the future. And the prosecutor must believe the pretense to be true, and, confiding in its truth, must part with his money or property: State v. Evers, 49 Mo. 542; In re Snyder, 17 Kan. 542; Johnson v. State, 41 Tex. 65; Ryan v. State, 45 Ga. 128. Both the inducement and the fraudulent purpose are facts to be proved, not pre

533. Selling land twice.

sumed: Scott v. People, 62 Barb. 62. In the cases of People v. Thomas, 3 Hill (N. Y.), 169, and State v. Hurst, 11 W. Va. 54, it is said that to make false representations, whereby one is induced to pay his debt, is not punishable. See also People v. Higbie, 66 Barb. 131; Tatum v. State, 58 Ga. 408; Cheek v. State, 1 Coldw. 172; People v. Clough, 17 Wend. 351.

Sufficiency of indictment under this sec. tion: See People v. Jordan, 4 West Coast Rep. 138.

SEC. 533. Every person who, after once selling, bartering, or disposing of any tract of land or town lot, or after executing any bond or agreement for the sale of any land or town lot, again willfully and with intent to defraud previous or subsequent purchasers sells, barters, or disposes of the same tract of land or town lot, or any part thereof, or willfully and with intent to defraud previous or subsequent purchasers executes any bond or agreement to sell, barter, or dispose of the same land or lot, or any part thereof, to any other person for a valuable consideration, is punishable by imprisonment in the state prison not less than one nor more than ten years.

Selling land twice.—In People v. Garnett, 35 Cal. 470, it was held that to justify a conviction of the offense of selling land twice it was necessary to charge in the indictment and prove at the trial: 1. The first and second sales; 2. That the second sale of the land was for a valuable consideration, and was made fraudulently; that is, with intent to defraud either the first or second purchaser. In People v. Cox, 45 Id. 342, it was decided that the giving of a mortgage upon land by one who had already conveyed his title to another by deed was not disposing of land twice, within the meaning of the section.

"This section is founded on section 132 of the crimes and punishment act of 1850. The words "knowingly and fraudulently" are stricken out, and the phrase "willfully and with intent to defraud previous or subsequent purchasers" inserted in lieu thereof. Section 132 was evidently intended to embody the provisions of the statute of 27 Eliz., c. 4, which made it a criminal offense for any person to sell

or convey land and the like with intent to defraud previous or subsequent purchasers, and proceeded upon the theory that either of the purchasers may be defrauded by the second sale. The substitution of the word "fraudulently" for the precise words of the English statute, which are here restored to the section, rendered section 132 obscure, and made it uncertain as to whether the fraud necessary to constitute the offense must move against previous or subsequent purchasers, whilst, if directed against either, the case fell within the mischief the statute intended to guard against, This want of precision in section 132 has already been the subject of judicial observation in this state: People v. Garnett, 35 Cal. 470, and it has been held, Chief Justice Rhodes expressing no opinion, that the section must receive the same construction as the English statute cited; therefore, it was manifestly proper that the language of the latter statute should be restored:" Commissioners' note.

534. Married person selling lands under false representations.

SEC. 534. Every married person who falsely and fraudulently represents himself or herself as competent to sell or mortgage any real estate, to the validity of which sale or mortgage the assent or concurrence of his wife or her husband is necessary, and under such representations willfully conveys or mortgages the same, is guilty of felony.

535. Mock auction.

SEC. 535. Every person who obtains any money or property from another, or obtains the signature of another to any written instrument, the false making of which would be forgery, by means of any false or fraudulent sale of property or pretended property, by auction, or by any of the practices known as mock-auctions, is punishable by imprisonment in the state prison not exceeding three years, or in the county jail not exceeding one year, or by fine not exceed

ing one thousand dollars, or by both such fine and imprisonment; and in addition thereto, forfeits any license he may hold as auctioneer, and is forever disqualified from receiving a license to act as auctioneer within this state.

536. False statement concerning prices of consignments-Misdemeanor.

SEC. 536. Every commission merchant, broker, agent, factor, or consignes who shall willfully and corruptly make, or cause to be made, to the principal or consignor of such commission merchant, agent, broker, factor, or consignee, a false statement concerning the price obtained for or the quality or quantity of any property consigned or intrusted to such commission merchant, agent, broker, factor, or consignee, for sale, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by fine not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or by both such fine and imprisonment. [New section, approved April 15, 1880; Amendments 1880, 37 (Ban. ed. 223); took effect immediately.]

CHAPTER IX.

FRAUDULENTLY FITTING OUT AND DESTROYING VESSELS.

539. Captain or other officer willfully destroying vessel, etc.

SEC. 539. Every captain or other officer or person in command or charge of any vessel who, within this state, willfully wrecks, sinks, or otherwise injures or destroys such vessel, or any cargo in such vessel, or willfully permits the same to be wrecked, sunk, or otherwise injured or destroyed, with intent to prejudice or defraud any other person, is punishable by imprisonment in the state prison not less than three years.

"Injuring or destroying vessels upon the high seas is provided for by various acts of congress: See the acts collected, Brightly's Dig.

209-211. The above section is therefore lim ited to acts committed within this state:" Com missioners' note.

540. Other persons willfully destroying vessel, etc.

SEC. 540. Every person, other than such as are embraced within the last section, who is guilty of any act therein specified is punishable by imprisonment in the state prison for a term not exceeding ten years.

541. Making false manifest, etc.

SEC. 541. Every person guilty of preparing, making, or subscribing any false or fraudulent manifest, invoice, bill of lading, ship's register, or protest, with intent to defraud another, is punishable by imprisonment in the state prison not exceeding three years.

CHAPTER X.

FRAUDULENTLY KEEPING POSSESSION OF WRECKED PROPERTY.

544. Detaining wrecked property after salvage paid.

SEC. 544. Every person who keeps any wrecked property, or the proceeds thereof, after the salvage and expenses chargeable thereon have been agreed to or adjusted, and the amount thereof has been paid to him, is punishable by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or both.

[blocks in formation]

545. Unlawfully taking or having possession of wrecked property.

SEC. 545. Every person who takes away any goods from any stranded vessel, or any goods cast by the sea upon the land, or found in any bay or creek, or knowingly has in his possession any goods so taken or found, and does not deliver the same to the sheriff of the county where they were found, or notify him of his readiness to do so within thirty days after the same have been taken by him, or have come into his possession, is guilty of a misdemeanor.

Stats. 1850, 173, sec. 25.

Wrecks and wrecked property: Pol. Code, secs. 2403-2418.

CHAPTER XI.

FRAUDULENT DESTRUCTION OF PROPERTY INSURED.

548. Burning or destroying property insured.

SEC. 548. Every person who willfully burns, or in any other manner injures or destroys, any property which is at the time insured against loss or damage by fire, or by any other casualty, with intent to defraud or prejudice the insurer, whether the same be the property of or in possession of such person, or of any other, is punishable by imprisonment in the state prison not less than one nor more than ten years.

act was done with intent to injure and defraud them in their associate capacity: People v. Schwartz, 32 Id. 160. The act of burning the property insured must be done with the intent to defraud the insurer: People v. Trim, 39 Id. 75. It was held in the latter case, upon the separate trial of one of two parties on an indictment for arson in burning a building covered by insurance, with intent to defraud the insurer, that the attempt of the other party to procure the payment from the insurer of the amount of the loss insured against is competent evidence as acts and declarations of a coconspirator, in furtherance of the original purpose of the conspiracy to defraud the insurer. Arson: See sec. 447, and note.

Burning insured property.-This section takes the place of section 7 of the act of April 19, 1856, Stats. 1856, 132, and includes every injury to property insured. In People v. Hughes, 29 Cal. 257, it was held that upon the trial of an indictment charging the defendant with burning a certain building belonging to him, which building was at the time insured against loss or damage by fire by a duly incorporated company, etc., it was not necessary to show that the company was duly incorporated, but that proof that such company was a de facto corporation was sufficient. The indictment should aver, however, that the company is a corporation if such be the fact, or that it is a partnership composed of certain individuals, naming them, if such be the fact, and that the 549. Presenting false proofs in support of a claim upon policy of insurance. SEC. 549. Every person who presents or causes to be presented any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insurance for the payment of any loss, or who prepares, makes, or subscribes any account, certificate of survey, affidavit, or proof of loss, or other book, paper, or writing, with intent to present or use the same, or to allow it to be presented or used in support of any such claim, is punishable by imprisonment in the state prison not exceeding three years, or by a fine not exceeding one thousand dollars, or by both.

CHAPTER XII.

FALSE WEIGHTS AND MEASURES.

552. False weight and measure defined.

SEO. 552. A false weight or measure is one which does not conform to the standard established by the laws of the United States of America. Weights and measures: See Pol. Code, Becs. 3209-3223.

[blocks in formation]

ute must be construed as subordinate thereto, the act of congress given in note to section 3209 of the Political Code being approved July 28, 1866, and our statute, on which the sections of the code are based, was approved April 4, 1861, 86:" From commissioners' note.

553. Using false weights or measures.

SEC. 553. Every person who uses any weight or measure, knowing it to be false, by which use another is defrauded or otherwise injured, is guilty of a misdemeanor.

"Founded upon section 14 of the act cited the crimes and punishment act of 1850: Stats. in note to preceding section, and section 133 of 1850, 229:" Commissioners' note.

554. Stamping false weight, measure, or tare on casks or packages.

SEC. 554. Every person who knowingly marks or stamps false or short weight or measure, or false tare, on any cask or package, or knowingly sells, or offers for sale, any cask or package so marked, is guilty of a misdemeanor. 555. Measure to be given-Sales by ton or pound.

SEC. 555. In all sales of coal, hay, and other commodities, usually sold by the ton or fractional parts thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton; and in all sales of articles which are sold in commerce by avoirdupois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound; and any person violating this section is guilty of a misdemeanor. [New section, approved February 15, 1876; Amendments 1875-6, 112; took effect sixtieth day after passage.]

CHAPTER XIII.

FRAUDULENT INSOLVENCIES BY CORPORATIONS, AND OTHER FRAUDS IN THEIR MANAGEMENT.

557. Fraud in subscriptions for stock of corporations.

SEC. 557. Every person who signs the name of a fictitious person to any subscription for or agreement to take stock in any corporation existing or proposed, and every person who signs to any subscription or agreement the name of any person, knowing that such person has not means or does not intend in good faith to comply with all the terms thereof, or under any understanding or agreement that the terms of such subscription or agreement are not to be complied with or enforced, is guilty of a misdemeanor.

Subscription to articles of incorporation: Civ. Code, sec. 292.
Subscription to capital stock: Civ. Code, sec. 293.

Oath to subscription: Civ. Code, sec. 295.

558. Frauds in procuring organization of corporation or increasing its capital. SEC. 558. Every officer, agent, or clerk of any corporation, or of any persons proposing to organize a corporation or to increase the capital stock of any corporation, who knowingly exhibits any false, forged, or altered book, paper, voucher, security, or other instrument of evidence to any public officer or board authorized by law to examine the organization of such corporation, or to investigate its affairs, or to be allowed an increase of its capital, with intent to deceive such officer or board in respect thereto, is punishable by imprisonment in the state prison not less than three nor more than ten years.

False certificate, report, or notice-Civil liability of officers: See sec. 316, Civ. Code. Corporations, organization of: Sec. 283, Civ. Code.

Records: Secs. 377, 378, Civ. Code. Increasing stock: Sec. 359, Civ. Code. False entries in corporate books. An indictment against an agent of a corporation, for having made a false entry in the corporate books, should specify the particular entry com

An

plained of, and should at least state the substance of it according to its legal effect. averment that the defendant made a false entry in the books, "by which false entry it appears that the cash on hand at the commencement of business on that day" was a specified sum, is insufficient: People v. Palmer, 53 Cal. 615. See Nixon's Digest of the Laws of New Jersey, 3d ed., 372, sec. 4, for a law similar to this section. In State v. Stimson, 24 N. J. L. 478, it was

guilty of a misdemeanor.

See that case for what an indictment charging an officer with overdrawing his account should contain.

held that an officer who knowingly overdraws
his account with the bank of which he is an
officer, although done without intent to de-
fraud, and without defrauding, the bank, is
559. Unauthorized use of name in prospectus, etc.

SEC. 559. Every person who, without being authorized so to do, subscribes the name of another to or inserts the name of another in any prospectus, circular, or other advertisement, or announcement of any corporation or jointstock association, existing or intended to be formed, with intent to permit the same to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member, or promoter of such corporation or association, is guilty of a misdemeanor.

560. Misconduct of directors of stock corporations.

SEC. 560. Every director of any stock corporation who concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended, either:

1. To make any dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law; or, 2. To divide, withdraw, or in any manner except as provided by law pay to the stockholders, or any of them, any part of the capital stock of the corporation; or,

3. To discount or receive any note or other evidence of debt in payment of any installment actually called in and required to be paid, or with the intent to provide the means of making such payment; or,

4. To receive or discount any note or other evidence of debt with the intent to enable any stockholder to withdraw any part of the money paid in by him, or his stock; or,

5. To receive from any other stock corporation, in exchange for the shares, notes, bonds, or other evidences of debt of their own corporation, shares of the capital stock of such other corporation, or notes, bonds, or other evidences of debt issued by such other corporation;

-Is guilty of a misdemeanor.

Dividends to be made from surplus profits: Sec. 309, Civ. Code.

561. Savings-bank officer overdrawing account.

SEC. 561. Every officer, agent, teller, or clerk of any savings bank who knowingly overdraws his account with such bank, and thereby wrongfully obtains the money, note, or funds of such bank, is guilty of a misdemeanor.

562. Receiving deposits in insolvent banks.

SEC. 562. Every officer, agent, teller, or clerk of any bank, and every individual banker, or agent, teller, or clerk of any individual banker, who receives any deposits, knowing that such bank, or association, or banker is insolvent, is guilty of a misdemeanor.

563. Frauds in keeping accounts in books of corporations.

SEC. 563. Every director, officer, or agent of any corporation or joint-stock association, who knowingly receives or possesses himself of any property of such corporation or association, otherwise than in payment of a just demand, and who, with intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of such corporation or association, and every director, officer, agent, or member of any corporation or joint-stock association who, with intent to defraud, destroys, alters,

« ÀÌÀü°è¼Ó »