acting for himself or for others not having been specially licensed, as provided by law, by the superintendent of insurance, who solicits or procures, or aids in the solicitation or procurement of policies or certificates of insurance from, or adjusts losses or in any manner aids the transaction of any business for, any foreign insurance corporation, which has not executed and filed in the office of the superintendent of insurance, a written appointment of the superintendent to be the true and lawful attorney of such corporation in and for this state, upon whom all lawful process in any action or proceeding against the corporation may be served, is guilty of a misdemeanor. [AS AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892.] § 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, etc., upon policy of insurance. A person who knowing it to be such, either 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. 583. May be tested by committing magistrate, and destroyed or delivered to district attorney. 584. Shall be destroyed after conviction of offender. 585. Stamping false weight or tare, on casks or packages. § 580. Using false weights and measures, etc.— 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, ante. People v. Fish, 4 Park. 206; People 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 ap pears 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, etc., and destroyed, etc.— 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 tested by comparison with standards conformable to law; and if he finds it to be false, he must cause it to be destroyed, or to be delivered to the district attorney of the county in which the defendant is liable to indictment or trial, as the interests of justice in his judgment require. § 584. Shall be destroyed after conviction, etc. Upon the conviction of the defendant, the district attorney must cause any weight or measure in respect whereof the defendant stands convicted, and which remains in the possession or under the control of the district attorney, to be destroyed. $585. Stamping false weight or tare, etc.-A person who know. 58593 ingly marks or stamps false or short weights, 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. See § 406, ante; Com. v. Warren, 6 Mass. 72. CHAPTER X. FRAUDULENT INSOLVENCIES BY INDIVIDUALS. SEC. 586. Fraudulent conveyances. 587. Fraudulent removal of property to prevent levy. 588. Knowingly receiving property. 589. Concealment of effects of insolvent debtor. 586. Fraudulent conveyances. A person who either 1. Becomes a party to a conveyance or assignment of real or personal property, or of an interest therein, with intent to defraud prior or subsequent purchasers, or to hinder, delay, or defraud creditors or other persons; or 2. Being a party or privy to, or knowing of, such a conveyance or assignment so made, willfully puts the same in use as having been made in good faith; Is guilty of a misdemeanor. Lapham v. Marshall, 51 Hun, 40; 20 N. Y. State Rep'r, 797; Matter of Peterson, 39 id. 924. § 587. Fraudulent removal of property to prevent levy. — A person who, with intent to defraud a creditor, or to prevent any of his property from being made liable for the payment of his debts, or levied upon by an execution or warrant of attachment, removes any of his property, or secretes, assigns, conveys, or otherwise disposes of the same, is guilty of a misdemeanor. See Code Cr. Proc., § 56. Loomis v. People, 19 Hun, 601; 46 How. 247; Goodenough v. Spencer, 2 S. C. 508. Need not be judgment creditors. People v. Underwood, 16 Wend. 546. Bona fide removal of property, no offense. Thomas v People, 19 Wend. 480. See People v. Morrison, 13 Wend. 399; Matter of Peterson, 39 N. Y. State Rep'r, 924. 588 Knowingly receiving property. A person who receives any property from another knowing that the same is transferred or delivered to him in violation of, or with intent to violate, the last section, is guilty of a misdemeanor. 589. Concealment of effects of insolvent debtor. A person who being an applicant, as an insolvent debtor, for a discharge from his debts, or for exoneration or discharge from imprisonment, or having made a general assignment of his property for the payment of his debts, willfully either 1. Conceals any part of his estate or effects, or any book, account, or other writing relative thereto; or 2. Omits to disclose, to the court before which his application is pending, any debt or demand which he has collected, or any transfer of property which he has made, since the presentation of his application; or 3. Fraudulently presents, or authorizes to be presented in his behalf, such an application, in a case where it is not authorized by law; or 4. Makes or presents to the court or officer in support of such an application, a petition, schedule, book, account, voucher, or other paper or document, knowing the same to contain a false statement; or 5. Fraudulently makes and exhibits, or alters, obliterates, or destroys an account or voucher, relating to the condition of his affairs, or an entry or statement in such an account or voucher; or 6. Commits any fraud upon a creditor, to induce him to petition for, or consent to such a discharge; or 7. Conspires with, or induces another fraudulently to consent as creditor to a petition for such discharge, or to practice any fraud in aid thereof; Is guilty of a misdemeanor. People v. Morrison, 13 Wend. 399; Ion v. People, 12 id. 344: Vanderwerken v. People, 6 id. 530; McButt v. Hirsch, 4 Abb. 441; Gasherie v. Apple, 14 id. 64; Dickinson v. Benham, 10 id. 390; 19 id. 158. CHAPTER XI. FRAUDULENT INSOLVENCIES BY CORPORATIONS AND OTHER FRAUDS IN THEIR MANAGEMENT. SEC. 590. Frauds in the organization of corporations. 591. Fraudulent issue of stock, scrip, etc. 592. Frauds in procuring organization of corporation, or increase of capital. 593. Acting for foreign corporations not authorized to do business in this state. 594. Misconduct of directors of stock corporations. 595. Misconduct of directors of banking corporations. SEC. 596. Loans made in violation of last section, not invalid. 597. Sale or hypothecation of bank notes by officer, etc. 598. Officer of bank putting excessive number of its notes in circulation. 599. Officer or agent of banking corporation, making guaranty or indorsement, in its behalf, in certain cases. 600. Bank officer overdrawing his account. 601. Receiving deposits in insolvent bank. 602. Unlawful investments by officers of savings banks. 604. Misconduct by banks and bankers. 605. Unlawful discount of bills of foreign banks. 607. Using dies and plates of extinct state bank. 609. Private banker using sign. 610. Misconduct of officers and directors of stock corporations. 612. Misconduct of officers and agents of pipe-line corporations. 613. Misconduct at corporate elections. €14. Presumption of knowledge of corporate condition and business, and of assent thereto by directors; definitions. 590. Frauds in the organization of corporations.-A person who: 1. Without authority 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 joint-stock 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; or, 2. Signs the name of a fictitious person to any subscription for or agreement to take stock in any corporation, existing or proposed; or, 3. Signs to any such subscription or agreement the name of any person, knowing that such person does not intend in good faith to comply with 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. [AS AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892. Substitute for Penal Code, §§ 590 and 593.] § 591. Fraudulent issue of stock, etc. —An officer, agent or other person in the service of any joint-stock company or corporation formed or existing under the laws of this state, or of the United States or of any state or territory thereof, or of any foreign government or country, who willfully and knowingly, with intent to defraud, either: 1. Sells, pledges or issues, or causes to be sold, pledged or issued, or signs or executes, or causes to be signed or executed with intent to sell, pledges or issues, or causes to be sold, pledged or issued, any certificate or instrument purporting to be a certificate or evidence of the ownership of any share or shares of such company or corporation, or any bond or evidence of debt, or writing purporting to be a bond or evidence of debt of such company or corporation, without being first thereto duly authorized by such company or corporation, or contrary to the charter or laws under which such corporation or company exists, or in excess of the power of such company or corporation or of the limit imposed by law or otherwise upon its power to create or issue stock or evidences of debt; or 2. Reissues, sells, pledges or disposes of, or causes to be reissued, sold, pledged or disposed of, any surrendered or canceled certificates, or other evidence of the transfer or ownership of any such share or shares, is punishable by imprisonment for a term not exceeding seven years, or by a fine not exceeding three thousand dollars, or by both. [AS AMD. BY Cн. 662, Laws 1892. Took effect May 17, 1892 ] 592. Frauds in procuring organization of corporation, etc.-An officer, agent or clerk of a corporation, or of persons proposing to organize a corporation, or to increase the capital stock of a corporation, who knowingly exhibits a 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 allow an increase of its capital, with intent to deceive such officer or board in respect thereto, is punishable by imprisonment in a state prison not exceeding ten years. [As AMD. BY CH. 662, LAWS 1892. Took effect May 17, 1892.] 593. Acting for foreign corporations not authorized to do business in this state. Any person or corporation who acts as agent or representative of any mortgage company or co-operative loan and building association organized outside of this state; while such mortgage company or co-operative loan and building association shall not be authorized under a license of the superintendent of banks to do business in this state, is guilty of a misdemeanor. [As AMD. BY CH. 692, Laws 1892. Took effect May 18, 1892.] § 594. Misconduct of directors of stock corporations. A director of a stock corporation, who concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended, 1, To make a 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 pay to the stockholders, or any of them, any part of the capital stock of the corporation; or to reduce such capital stock without the consent of the legislature; or 3. To discount or receive any note or other evidence of debt in payment of an installment of capital stock actually called in, and required to be paid, or with intent to provide the means of making such payment; or 4. To receive or discount any note or other evidence of debt with intent to enable any stockholder to withdraw any part of the money paid in by him on his stock; or 5. To apply any portion of the funds of such corporation, except surplus profits, directly or indirectly, to the purchase of shares of its own stock; or 6. To receive any such shares in payment or satisfaction of a debt due to such corporation; or 7. To receive in exchange for the shares, notes, bonds or other evidences of debt of such corporation, shares of the capital stock, notes, bonds or other evidences of debt issued by any other stock corporation engaged in another line of business, unless authorized by law to make such exchange. [As AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892.] See 15 N. Y. Supp. 811. |