§ 1024. Obtaining money, labor, or property by false pretense; proof (a) Whoever: (1) knowingly and designedly by false or fraudulent representation or pretense defrauds another person of money, labor, or property; or (2) causes or procures others to report falsely of his wealth or mercantile character and by thus imposing upon another person obtains credit and thereby fraudulently obtains possession of money or property, or obtains the labor or service of anotheris punishable in the same manner and to the same extent as for larceny of the money or property so obtained. (b) Upon a trial for having, with an intent to cheat or defraud another designedly, by false pretense, obtained the signature of a person to a written instrument, or having obtained from a person money, labor, personal property or valuable thing, the defendant may not be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or a note or memorandum thereof, is in writing, subscribed by, or in the handwriting of the defendant or unless the pretense is proved by the testimony of two witnesses, or that of one witness and corroborating circumstances. This subsection does not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying or receiving money or property. § 1025. Making, possessing, or uttering fictitious bill, note, or check Whoever, with intent to defraud, makes, passes, utters or publishes, or attempts to pass, utter or publish, or has in his possession, with like intent to utter, pass or publish, a fictitious bill, note or check, purporting to be the bill, note, check or other instrument in writing for the payment of money or property of a bank, corporation, copartnership or individual, when in fact there is no such bank, corporation, copartnership or individual in existence, knowing the bill, note, check or instrument in writing to be fictitious, shall be imprisoned in the penitentiary not more than 14 years. § 1026. Drawing or uttering check, draft, or order without sufficient funds; presumption (a) Whoever, for himself, or as agent or representative of another person, or as an officer of a corporation, willfully, with intent to defraud, makes, draws, utters, or delivers a check, draft, or order on a bank, banker, or depositary for the payment of money, knowing at the time he commits the act that he or his principal or the corporation of which he is an officer does not have sufficient funds in, or credit with, the bank, banker, or depositary to meet the check, draft, or order in full upon its presentation, shall be imprisoned in jail not more than 1 year or in the penitentiary not more than 14 years. (b) If the check, draft, or order referred to by subsection (a) of this section is protested on the ground of insufficiency of funds or credit, the notice of protest thereof is admissible as proof of presentation, nonpayment and protest, and is presumptive evidence of knowledge of insufficiency of funds or credit with the bank, banker, or depositary on which or whom the check, draft, or order is drawn. (c) As used in this section, "credit" means an arrangement or understanding with the bank, banker, or depositary for the payment of the check, draft, or order referred to by subsection (a) of this section. § 1027. Reselling sold property Whoever, after once selling, bartering, or disposing of any property, or an interest therein, or after executing a bond or agreement for the sale thereof, again willfully and with intent to defraud previous or subsequent purchasers (1) sells, barters, or disposes of the same property, or a part thereof or an interest therein; or (2) executes a bond or agreement to sell, barter, or dispose of the same property, or a part thereof or an interest thereinto another person for a valuable consideration, shall be imprisoned in the penitentiary not more than 10 years. § 1028. False representation by married person when selling or mortgaging lands Whoever, being a married person, falsely represents himself or herself as competent to sell or mortgage real estate, to the validity of which sale or mortgage the assent or concurrence of his or her spouse is necessary, and under such representations willfully conveys or mortgages the real estate, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 1029. False or fraudulent sale of property; mock auctions Whoever obtains money or property from another, or obtains the signature of another to a written instrument, the false making of which would be forgery, by means of a false or fraudulent sale of property or pretended property, by auction, or by any of the practices known as mock auctions, shall be fined not more than $1,000 or imprisoned in the penitentiary not more than three years, or both. § 1030. Fraudulent devices to affect market price of property Whoever willfully makes or publishes a false statement, spreads a false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1031. Defrauding or prejudicing insurer of property Whoever willfully burns or in any other manner injures or destroys, or secretes, abandons, or in any manner disposes of, any property in his possession or in the possession of another person, which at the time is insured against loss or damage by fire, theft, or embezzlement, or other casualty, with intent to defraud or prejudice the insurer, shall be imprisoned in the penitentiary not more than 10 years. § 1032. Fraud in affairs of partnership Whoever, being a member of a partnership, commits a fraud upon the other members in the affairs of the partnership, shall be imprisoned in the penitentiary not more than one year. § 1033. False statements by commission merchants or factors Whoever, being a commission merchant, broker, agent, factor or consignee, willfully and corruptly makes to his principal or consignor a false statement concerning the price obtained for, or the quality or quantity of, property consigned or intrusted to him for sale, shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both. § 1034. Defrauding hotels, guesthouses, lodginghouses, or restaurants Whoever : (1) obtains food or accommodation at a hotel, inn, guesthouse, lodginghouse, boardinghouse, or restaurant without paying therefor, with intent to defraud the proprietor or manager thereof; (2) by the use of a false pretense, obtains credit at a hotel, inn, guesthouse, lodginghouse, boardinghouse, or restaurant; or (3) after obtaining credit at a hotel, inn, guesthouse, lodginghouse, boardinghouse, or restaurant, absconds or surreptitiously removes his baggage therefrom without paying for his food or accommodation shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1035. Misrepresentation of newspaper circulation Whoever, being the proprietor or publisher of a newspaper or periodical, willfully and knowingly misrepresents the circulation thereof for the purpose of securing advertising or other patronage, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1036. Failure to give proper tax or license receipts Whoever: (1) uses or gives any receipt, except that prescribed by law, as evidence of payment of any tax or license of any kind; (2) receives payment of such a tax or license without deliver ing the receipt prescribed by law; or (3) inserts the name of more than one licensee thereinshall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1037. Possession of improper blank licenses or tax receipts Whoever has in his possession, with intent to circulate or sell, blank licenses or tax receipts other than those furnished by the proper authority, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years. § 1038. Fraudulent production of infant with intent to intercept inheritance Whoever fraudulently produces an infant, falsely pretending it to have been born of a parent whose child would be entitled to inherit, with intent to intercept the inheritance, shall be imprisoned in the penitentiary not more than 10 years. § 1039. Substitution of one child for another Whoever, to whom an infant has been confided for nursing, education or any other purpose, with intent to deceive a parent or guardian of the child, substitutes or produces to the parent or guardian another child in place of the one so confided, shall be imprisoned in the penitentiary not more than seven years. Sec. CHAPTER 57-HABEAS CORPUS OFFENSES 1071. Failure to obey writ of habeas corpus. 1072. Imprisonment of person discharged upon writ. 1073. Eluding service of writ. § 1071. Failure to obey writ of habeas corpus Whoever, being an officer or other person to whom a writ of habeas corpus is directed, after service thereof, neglects or refuses to obey the command of the writ, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 1072. Imprisonment of person discharged upon writ Whoever, either solely or as a member of a court, knowingly and unlawfully recommits, imprisons or restrains of his liberty, for the same cause, a person who has been discharged upon a writ of habeas corpus, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 1073. Eluding service of writ Whoever, having in his custody, or under his restraint or power, a person for whose relief a writ of habeas corpus has been issued, with intent to elude the service of the writ, or to avoid the effect thereof, transfers the person to the custody of another, or places him under the power or control of another, or conceals or changes the place of confinement or restraint, or removes him without the jurisdiction of the court or judge issuing the writ, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. CHAPTER 59-HEALTH AND SAFETY Sec. SUBCHAPTER I-GENERAL PROVISIONS 1101. Failure to perform duties under health laws. 1102. Exposure of diseased person in public place. 1103. Exhibiting deformities of persons. 1104. Spitting in public places. 1105. Keeping or transporting explosives without permit. 1106. Malicious use of explosives endangering life. 1107. Places of public assemblage; use or preparation of injurious, nauseous, or offensive substances. 1108. Same; use of substances which may produce serious illness or permanent injury; tear gas, mustard gas, acid or explosives. 1109. Act by intoxicated physician or surgeon endangering life. 1110. Poisoning food, medicine, or water. 1111. Placing filth or animal carcasses in or near waters or highways; pollu tion generally. 1112. Causing boiler explosion endangering life. 1113. Causing boiler of steamboat to explode, endangering life. 1114. Causing boiler explosion resulting in death. 1115. Setting on fire grass or shrubbery. 1116. Resistance to fireman extinguishing fire. SUBCHAPTER II-FOOD AND Drugs Article A-General Provisions 1131. Adulterating or selling adulterated food or drugs. 1132. Wrongful preparation or labeling of drugs or medicines by druggist. 1133. Adulterating or selling adulterated candy. 1134. Selling or offering unwholesome food or drugs. 1151. Definitions. Article B-Marihuana 1152. Illegal acts with respect to marihuana. 1153. Licenses. 1154. Marihuana on vessels or other carriers or discharged for transshipment. 1155. Construction with other laws. Subchapter I-General Provisions § 1101. Failure to perform duties under health laws Whoever, being charged with the performance of a duty under the laws relating to the preservation of the public health, willfully neglects or refuses to perform the same, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1102. Exposure of diseased person in public place Whoever willfully exposes himself or another afflicted with a quarantinable disease in a public place or thoroughfare, except in his necessary removal in a manner the least dangerous to the public health, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. 8 1103. Exhibiting deformities of persons Whoever: (1) exhibits the deformities of another person, or his own deformities, for hire; or (2) by artificial means, gives to a person the appearance of a deformity and exhibits him for hire shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1104. Spitting in public places Whoever spits or discharges mucus from the nose or mouth upon a sidewalk or public street or highway, or upon or within any part of a public building, railroad train, boat, vessel, or other vehicle used for the transportation of the public, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1105. Keeping or transporting explosives without permit Whoever makes or keeps in the Canal Zone or transports in or across the Canal Zone more than five pounds of gunpowder, nitroglycerine or other highly explosive substance without a permit from the Governor so to do, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1106. Malicious use of explosives endangering life Whoever maliciously, by the explosion of gunpowder or other explosive substance, destroys, throws down or injures the whole or part of a building, by means of which the life or safety of a human being is endangered, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 1107. Places of public assemblage; use or preparation of injurious, nauseous, or offensive substances (a) Whoever: (1) throws, drops, pours, deposits, releases, discharges, or exposes, or attempts to throw, drop, pour, deposit, release, discharge, or expose, in, upon or about a hotel, guesthouse, lodginghouse, theater, restaurant, place of business, place of amusement, or any place of public assemblage, any liquid, gaseous or solid substance or matter of any kind, which is injurious to person or property or is nauseous, sickening, irritating, or offensive to any of the senses; or (2) manufactures, prepares, or possesses any of the substances or matter referred to by paragraph (1) of this subsection with intent to commit any of the acts described by that paragraphshall, except as provided by section 1108 of this title, be fined not more than $500 or imprisoned in jail not more than one year, or both. (b) Subsection (a) of this section does not apply to law enforcement officials who, while in the performance of their official duties, use tear gas, or follow other standard or generally accepted procedures, in quelling riots or in dispersing or controlling unlawful assemblies or persons assembled for the purpose of committing unlawful acts. § 1108. Same; use of substances which may produce serious illness or permanent injury; tear gas, mustard gas, acid or explosives Whoever, in violating section 1107 (a) (1) of this title, willfully employs or uses a (1) liquid, gaseous or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise disbursed in the air; |