Page images
PDF
EPUB

his own right, proper and lawful name; or whoever in the executing, operating, promoting, carrying on, aiding, assisting or abetting in the execution, promotion or carrying on of any scheme or device offering for sale, loan, gift, or distribution, or purporting to offer for sale, loan, gift or distribution, or giving or purporting to give information directly or indirectly, where, how, of whom, or by what means any counterfeit coin, paper money, internal revenue stamp, postage stamp, or other token of value, can be obtained or had, or who shall knowingly receive or take from the mails of the United States any letter or package addressed to any such fictitious, false or assumed name or address or name other than his own right, proper or lawful name shall be guilty of a felony, and on conviction shall be punished by imprisonment for not less than one year, nor more than five years, and by a fine of not less than one hundred dollars nor more than two thousand dollars. Any letter, circular, writing, or paper, offering or purporting to offer for sale, loan, gift, or distribution or giving, or purporting to give information directly or indirectly, where, how, of whom, or by what means any counterfeit coin, paper money, internal revenue stamp, postage stamp, or token of value, may be obtained or had, or concerning any similar scheme or device to defraud the public, whether such article, matter or thing is called "green articles," " queer coins," "paper goods," queer," "articles," "bills," "business that is not legitimate," spurious treasury notes," "United States goods," "green paper

[ocr errors]
[ocr errors]

99 66

goods," " green articles," "cigars," " green cigars," or by any

other name device or title of a similar character, shall be deemed presumptive proof of the fraudulent character of such scheme.

Derivation: Penal Code, § 527, amended L. 1887, ch. 687, § 1.

People v. Reilly (1889), 51 Hun 624, 4 N. Y. Supp. 81; People v. Albow (1893), 140 N. Y. 130, rev'g 71 Hun, 123, 24 N. Y. Supp. 519; People v. Marvin (1894), 79 Hun, 310, 29 N. Y. Supp. 381.

ARTICLE 86.

FRAUDS AND CHEATS.

SECTION 920. Fraud in affairs of limited partnership.

921. Intent to defraud.

922. Production of pretended heir.

923. Substituting one child for another.

924. Fictitious copartnership names.

925. Frauds on hotel-keepers.

926. False rumors as to stocks, bonds or public funds.

927. Entry into agricultural fair grounds.

928. Falsely personating another.

929. Limitations as to indictments for fraudulent marriages.

930. Receiving property in false character.

931. Personating officers, firemen, and other persons.

932. Obtaining property by false pretenses.

933. False pedigree of animals.

934. Fraudulently obtaining property for charitable purposes.

935. Obtaining by fraud or without authority signature to applications or property for degrees, secrets or membership in secret fraternities.

936. Fraudulent use of the name or title of secret fraternity.

936a. Unlawful dues or assessments of certain secret fraternities. 937. Obtaining negotiable evidence of death by false pretenses.

938. Using false check or order for payment of money.

939. Fraudulently obtaining employment.

940. Fraudulently secreting personal property.

941. Pawning borrowed property.

942. Personating beneficiary of entrance ticket.

943. Mock auction.

944. Publishing false messages.

945. Unlawfully selling tickets for balls and entertainments.

946. Misrepresentation of circulation of newspapers or periodicals.

947. Verbal false pretense not criminal.

948. Unlawful use of name of benevolent, humane or charitable cor-
poration.

949. Fraudulent appropriation of lost treasure or waived property
950. False statements in regard to employment.

§ 920. Fraud in affairs of limited partnership.

A member of a limited partnership, who is guilty of any fraud in the affairs of the partnership, is guilty of a misdemeanor. Derivation: Penal Code, § 375.

§ 921. Intent to defraud.

Whenever, by any of the provisions of this chapter, an intent to defraud is required, in order to constitute an offense, it is suffi

t

cient if an intent appears to defraud any person, association or body politic or corporate, whatever.

Derivation: Penal Code, § 721.

People v. Hegeman (1907), 57 Misc. 295, 304, 107 N. Y. Supp. 261.

§ 922. Production of pretended heir.

A person who fraudulently produces an infant, falsely pretending it to have been born of a parent whose child is or would be entitled to inherit real property, or to receive a share of personal property, with intent to intercept the inheritance of such real property, or the distribution of such personal property, or to defraud any person out of the same, or any interest therein; or who, with intent fraudulently to obtain any property, falsely represents himself or another to be a person entitled to an interest or share in the estate of a deceased person, either as executor, administrator, husband, wife, heir, legatee, devisee, next of kin, or relative of such deceased person; is punishable by imprisonment in a state prison for not more than ten years.

Derivation: Penal Code, § 151.

People v. Cunningham, 3 Park, 520, 531.

§ 923. Substituting one child for another.

A person, to whom a child has been confided for nursing, education, or any other purpose, who, with intent to deceive a parent, guardian or relative of the child, substitutes or produces to such parent, guardian or relative, another child or person, in place of the child so confided, is punishable by imprisonment in a state prison for not more than seven years.

Derivation: Penal Code, § 152.

§ 924. Fictitious copartnership names.

A person who transacts business, using the name, as partner, of one not interested with him as partner, or using the designation "and company," or "& Co." when no actual partner is represented thereby is guilty of a misdemeanor. But this section does not apply to any case, where it is specially prescribed by statute that a partnership name may be continued in use by a successor, survivor, or other person.

Derivation: Penal Code, § 363.

Donlon v. English (1895), 89 Hun, 67, 35 N. Y. Supp. 82; Kennedy v.

Budd (1896), 5 App. Div. 140, 39 N. Y. Supp. 81; Sinnott v. German-American Bank (1900), 164 N. Y. 386, aff'g 33 App. Div. 641; Vandergrift v. Bertron (1903), 83 App. Div. 548, 82 N. Y. Supp. 153; Loeb v. Firemen's Ins. Co. (1903), 78 App. Div. 113, 79 N. Y. Supp. 510, aff'g 38 Misc. 107, 77 N. Y. Supp. 106; Castle Bros. v. Graham (1903), 87 App. Div. 97, 84 N. Y. Supp. 120; Marino v. Lehmaier (1903), 173 N. Y. 530-546; Cody v. Dempsey (1903), 86 App. Div. 341, 83 N. Y. Supp. 899; Slater v. Slater (1903), 78 App. Div. 453, 80 N. Y. Supp. 363; McArdle v. Thames Iron Wks. (1904), 96 App. Div. 140, 89 N. Y. Supp. 485; see also Barron v. Yost, 16 Daly, 441; Rosenheim v. Rosenfield, 12 N. Y. Supp. 721.

§ 925. Frauds on hotel-keepers.

A person who obtains any lodging, food or accommodation at a hotel, inn, boarding-house or lodging-house, except an immigrant lodging-house, without paying therefor, with intent to defraud the proprietor thereof or his agent or servant; or who obtains credit at such hotel, inn, boarding-house or lodging-house, by the use of any false pretense; or who, after obtaining credit or accommodation at such hotel, inn, boarding-house or lodging-house, causes to be removed from such hotel, inn, boarding-house or lodging-house his baggage without the permission or consent of the proprietor, manager or authorized employee thereof before paying for his lodging, food or accommodation, and with the intention of not paying therefor, is guilty of a misdemeanor.

Derivation: Penal Code, § 382, amended L. 1886, ch. 645, § 1; L. 1895, ch. 883, § 1; L. 1907, ch. 682, § 1.

People v. Nicholson (1898), 25 Misc. 266, 55 N. Y. Supp. 447.

§ 926. False rumors as to stocks, bonds or public funds. A person, who, with intent to affect the market price of the public funds of this state or of the United States, or of any state or territory thereof, or of a foreign county or government, or of the stocks, bonds, or other evidences of debt of a corporation er association, or the market price of gold or silver coin or bullion, or any merchandise or commodity whatever:

1. Without lawful authority, falsely signs the name of an officer of a corporation, or of any other person to a letter, message, or other paper; or,

2. Utters or circulates such a letter, message, or paper, knowing that the same has been so falsely signed; or,

3. Knowingly circulates any false statement, rumor, or intelligence,

191

Is punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than three years, or both.

Derivation: Penal Code, § 435.

People v. Goslin (1901), 67 App. Div. 16, 18, 73 N. Y. Supp. 520, 16 N. Y. Cr. 257.

§ 927. Entry into agricultural fair grounds.

A person who wrongfully and fraudulently enters any agricultural fair grounds, without paying the entrance fee, is guilty of a misdemeanor.

Derivation: Penal Code, § 446.

§ 928. Falsely personating another.

A person who falsely personates another, and, in such assumed

character:

1. Marries or pretends to marry, or to sustain the marriage relation towards another, with or without the connivance of the latter; or,

2. Becomes bail or surety for a party in an action or special proceeding, civil or criminal, before a court or officer authorized to take such bail or surety; or,

3. Confesses a judgment; or,

4. Subscribes, verifies, publishes, acknowledges, or proves a written instrument, which by law may be recorded, with intent that the same may be delivered or used as true; or,

5. Does any other act, in the course of any action or proceeding, whereby, if it were done by the person falsely personated, such person might in any event become liable to an action or special proceeding, civil or criminal, or to pay a sum of money, or to incur a charge, forfeiture, or penalty, or whereby any benefit might accrue to the offender, or to another person,

Is punishable by imprisonment in a state prison for not more than ten years.

Derivation: Penal Code, § 562.

Hodecker v. Strickler (1897), 20 App. Div. 245, 46 N. Y. Supp. 808.

§ 929. Limitations as to indictments for fraudulent marriages.

An indictment can not be found, for the crime specified in subdivision first of the last section, except upon the complaint of the

« PreviousContinue »