hundred or more than five hundred dollars. [As AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892.] 577g. Transfers to and reinsurance of risks in unauthorized foreign corporations prohibited to co-operative associations.-Any officer, manager, director or agent of a casualty insurance corporation upon the co-operative or assessment plan, organized under the laws of this state, who transfers its risks or assets or any part thereof to or reinsures its risks or any part thereof, in any insurance corporation or association of another state or country which is not, at the time of such transfer or reinsurance authorized by law to do insurance business in this state, is guilty of a misdemeanor. [As AMD BY CH. 692, LAWS 1892. Took effect May 18, 1892.] 577h. Misconduct of officers and agents of co-operative insurance companies. Any officer, agent or representative of a corporation, association or society doing a life or casualty insurance business or both, upon the co-operative or assessment plan, who, 1. Neglects or refuses to perform any duty required of him by law, or, 2. Intentionally makes any false or fraudulent statement or re port, or, 3. Refuses to permit the superintendent of insurance or any examiner duly authorized by him for the purpose, to make an examination of the condition and business, books, papers and vouchers of any such corporation, association or society; or, 4. Thirty days after any such corporation has been notified by the superintendent of insurance to designate some person residing in the same city, village or town where the principal business office within the state of such corporation is located, as a person upon whom service of legal process and papers may be made, as provided by law, collects any money or issues any certificate in carrying on such business, during the failure of such corporation to designate such person; or, 5. Being within this state the agent or representative of any such corporation, association or society, which has neglected or refused to comply with any duty imposed upon it by law, or which has failed or neglected to procure from the superintendent of insurance the certificate of authority to transact business within this state as provided by law, acts as such agent, during such period of default, Is guilty of a misdemeanor. [AS AMD. BY CH. 692, Laws 1892. Took effect May 18, 1892.] 5771. Acts of agents of fire or marine insurance corporation, organized in other countries,-after revocation of certificate.-Any agent of a fire or marine insurance corporation, incorporated by or existing under the government or laws of another country than the United States, and doing business in this state, who issued any new policy of insurance after having been notified by the superintendent of insurance that the certificate to such corporation to do business within this state has been revoked, is guilty of a misdemeanor. [As AMD. BY CH. 692, Laws 1892. Took effect May 18, 1892.] 577j. Acting for foreign insurance corporation which has not designated superintendent of insurance as attorney.- Any person 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 of fense is not arson in any of its degrees, is punishable by imprison. ment 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 inagistrate, and destroyed or deliv. ered 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 knowingly 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. § 585a. Violations of regulations for sale of baled hay and straw. -A person who: 1. Sells or offers for sale baled hay or straw containing more than twenty pounds of wood to the bale, the weight of which is two hundred pounds or upward, or more than ten pounds of wood to the bale the weight of which is less than two hundred pounds; or 2. Sells or offers for sale any bale of hay or straw upon which the correct gross weight is not plainly marked or which weighs more than five pounds less than the gross weight so marked thereupon, is guilty of a misdemeanor. [ADDED BY CH. 692 of 1893.] 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 Peter son, 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 any 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; or with intent to defraud a creditor, removes, secretes, assigns, conveys or otherwise disposes of any of his books of account, accounts, vouchers or writings in any way relating to his business affairs, or destroys, obliterates, alters or erases any of such books of account, accounts, vouchers or writings, or any entry, memorandum or minute therein contained, is guilty of a misdemeanor. [AMD. BY CH. 681 of 1893.] 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 bis 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. Benhamn, 10 id. 390; 19 id. 158. CHAPTER XI. FRAUDULENT INSOLVENCIES BY CORPORATIONS AND OTHER FRAUDS IN THEIR MANAGEMENT. SEC. 590. Frauds in tne 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. 606. Misconduct by officers of banking department. 607. Using dies and plates of extinct state bank. 609. Private banker using sign. 610. Misconduct of officers and directors of stock corporations. 611. Misconduct of officers and employes of 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; definitious. $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, |