man, or a private individual having special authority by law to perform an act affecting the rights or interests of another, or who assumes, without authority, any uniform or badge by which such an officer or person is lawfully distinguished, and in such assumed character does an act, purporting to be official, whereby another is injured or defrauded, is guilty of a misdemeanor. $566. Obtaining signature by false pretenses. A person, who, with intent to cheat or defraud another, designedly, by color or aid of a false token or writing, or other false pretense, obtains the signature of any person to a written instrument, is punishable by imprisonment in a state prison for not more than three years, or in a county jail for not more than one year, or by a fine of not more than three times the value of the money or property affected or obtained thereby, or by both such fine and imprisonment. See § 529, supra. Signature to deed, must be obtained with intent to cheat and defraud. Brown v. Peo., 16 Hnn, 535; See Therasson v. Peo. 20 Hun., 55; S. C., 82 N. Y., 238; Lesser v. Peo., 12 Hun, 670; Rex v. Jackson, 3 Camp., 370; Rex v. Parker, 3 C. & P., 825. § 566A. False pedigree of animals, etc.-Every person who by any false pretense shall obtain from any club, association, society or company for improving the breed of cattle, horses, sheep, swine or other domestic animals the registration of any animal in the herd register or other register of any such club, association, society or company or a transfer of any such registration, and every person who shall knowingly give a false pedigree of any animal, shall be deemed guilty of a misdemeanor and upon convicted thereof shall be punished by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. [ADDED CH. 153 OF 1887.] A person, § 567. Id.; for charitable purposes. who willfully, by color or aid of any false token or writing, or other false pretense, obtains the signature of any person to any written instrument, or any money or property, for any alleged or pretended charitable or benevolent purpose, is punishable by imprisonment for not less than one nor more than three years, or by a fine to an amount not exceeding the value of the money or property obtained, or by both. § 568. Id.; by note of corporation not in existence. If the false token, by which money or property is obtained in violation of sections 566 and 567, is a promissory note or other negotiable evidence of debt purporting to be issued by or under the authority of any banking company or corporation not in existence, the person guilty of such cheat is punishable by imprisonment in a state prison not exceeding seven years, instead of by the punishments prescribed by those sections. § 569. Using false check or order for payment of money. The use of a matured cheque, or other order for the payment of money, as a means of obtaining a signature, or money or property, such as is specified in sections 566 and 567, by a person who knows that the drawer thereof is not entitled to draw for the sum specified therein, upon the drawee, is the use of a false token within the meaning of those sections, although no representation is made in respect thereto. See § 529, supra. Allen's Case, 3 C. H. Rec., 118; Conger's Case, 4 ib., 65; Van Pelt's Case, 1 ib., 137; Peo. v. Tompkins, ! Park., 224. § 570. Obtaining employment or aid by deception.― A person who obtains employment, or appointment to any office or place of trust by color or aid of any false or forged letter or certificate of recommendation, or of any false statement in writing as to his name, residence, previous employment or qualification, or any person who shall willfully and intentionally fraudulently represent himself or herself to be a deaf and dumb person in order to collect, receive or otherwise obtain moneys, food, clothing or any thing of value whatsoever, is guilty of a misdemeanor. [Am'd ch. 654 of 1886.] § 571. Mortgagor secreting personal property.—A person who, having theretofore executed a mortgage of personal property, or any instrument intended to operate as such, sells, assigns, exchanges, secretes, or other wise disposes of any part of the property, upon which the mortgage or other instrument is at the time a lien, with intent thereby to defraud the mortgagee, or a purchaser thereof, is guilty of a misdemeanor. § 572. Selling, pawning, etc., borrowed property.— A person who, without the consent of the owner thereof, sells, pledges, pawns, or otherwise disposer of any prop erty which he has borrowed or hired from the owner, is guilty of a misdemeanor. Se 355, supra. § 573. Last section qualified. The last section does not apply to a person leasing or lending property, for a time not exceeding that for which the same was leased or lent to himself. §574. Mock auctions.-A person who obtains money or property from another, or obtains the signature of another to any writing, 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 a state prison not exceeding three years, or in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment; and in addition thereto he forfeits any license he may hold to act as an auctioneer, and is forever disqualified from receiving a license to act as auctioneer within this state. CHAPTER VII. Sce § 443, supra. FRAUDULENTLY FITTING OUT AND DESTROYING VESSELS. SEC. 575. Person willfully destroying vessel, etc. 576. Fitting out or lading any vessel, with intent to wreck the same. 577. Making false manifest, etc. § 575. Person willfully destroying vessel, etc.— A person, who wrecks, burns, sinks, scuttles, or otherwise injures or destroys a vessel, or the cargo of a vessel, or willfully permits the same to be wrecked, burned, sunk, scuttled, or otherwise injured or destroyed, with intent to prejudice or defraud an insurer or any other person, is punishable by imprisonment for not more than five years. § 576. Fitting out vessel, with intent to wreck.A person, who fits out any vessel, or who lades any cargo on board of a vessel, with intent to permit or cause the same to be wrecked, sunk or otherwise injured or destroyed, and thereby to defraud or prejudice an insurer or another person, is punishable by imprisonment in a state prison not exceeding ten years, and not less than three. § 577. Making false manifest, and invoice, etc.— A person, guilty of preparing, making or subscribing, a false or fraudulent manifest, invoice, bill of lading, ship's register or protest, with intent to defraud another, is punishable by imprisonment in a state prison not exceeding three years, or by a fine not exceeding one thousand dollars, or both. CHAPTER VIII. FRAUDULENT DESTRUCTION OF PROPERTY INSURED. SEC. 578. Destroying property insured. 579. Presenting false proofs of loss in support of claim upon policy of insurance. 578. Destroying property insured.-A person who, with intent to defraud or prejudice the insurer thereof, willfully burns, or in any manner injures or destroys property not included or described in section 575, which is insured at the time against loss or damage by fire or by any other casualty, under such circumstances that the offense is not arson in any of its degrees, is punishable by imprisonment for not more than five years, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. § 579. Presenting false proofs of loss upon policy of insurance. A person who either knowing it to be such, presents or causes to be presented a false or fraudulent claim, or any proof in support of such a claim, for the payment of a loss upon a contract of insurance; or Prepares, makes, or subscribes a false or fraudulent account, certificate, affidavit of proof of loss, or other document or writing with intent that the same may be presented or used in support of such a claim; Is punishable by imprisonment for not more than five years, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. CHAPTER IX. FALSE WEIGHTS AND MEASURES. SEC. 580. Using false weights, measures, etc. 581. Keeping false weights. 582. False weights and measures authorized to be seized. 584. Shall be destroyed after conviction of offender. § 580. Using false weights and measures.—A person who injures or defrauds another by using, with knowledge that the same is false, a false weight, measure, or other apparatus, for determining the quantity of any commodity, or article of merchandise, or by knowingly delivering less than the quantity he represents, is guilty of a misdemeanor. See § 406, supra. Peo. v. Fish, 4 Park., 206; Peo. v. Fisk, 1 Sheld., 537. § 581. Keeping false weights.-A person who retains in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it, or permit it to be used in violation of the last section, is guilty of a misdemeanor. § 582. Id., authorized to be seized.-A person who is authorized or enjoined by law to arrest another person for a violation of the last two sections, is equally authorized and enjoined to seize any false weights or measures found in the possession of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken. § 583. May be tested and destroyed.-The magistrate to whom any weight or measure is delivered pursuant to the last section, must, upon the examination of the defendant, or if the examination is delayed or prevented, without awaiting such examination, cause the same to be. |