937. Obtaining negotiable evidence of death by false pre

tenses.

If the false token, by which money or property is obtained in violation of sections nine hundred and thirty-two and nine hundred and thirty-four, 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.

Derivation: Penal Code, § 568.

People v. Rynders, 12 Wend. 425.

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

The use of a matured check, 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 nine hundred and thirty-two and nine hundred and thirty-four, 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 representations is made in respect thereto.

Derivation: Penal Code, § 569.

1 Lesser v. People (1878), 12 Hun, 668, 73 N. Y. 78; Foote v. People (1879),

17 Hun, 218; People v. Clements (1886), 42 Hun, 286, 5 N. Y. Cr. 280; Sieling v. Clark (1896), 18 Misc. 464, 41 N. Y. Supp. 982; see also People v. Tompkins, 1 Park, 224; People v. Ward, 15 Wend. 231; Conger's Case, 4 C. H. Rec. 65.

§ 939. Fraudulently obtaining employment.

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 wilfully 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 anything of value whatsoever, is guilty of a misdemeanor. Derivation: Penal Code, § 570, amended L. 1886, ch. 654, § 1.

§ 940. Fraudulently 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, secrets or otherwise 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.

Derivation: Penal Code, § 571, added L. 1882, ch. 384, § 1.

People ex rel. Stokes v. Risely (1885), 38 Hun, 281, 4 N. Y. Cr. 110; People v. Durante (1897), 19 App. Div. 292, 45 N. Y. Supp. 1073, 12 N. Y. Cr. 318; People v. Staton (1903), 79 App. Div. 634, 80 N. Y. Supp. 2; see also Vaus v. Middlebrook, 3 N. Y. St. 277; Millechamp v. People, 14 Week. Dig.

452.

941. Pawning borrowed property.

A person who without the consent of the owner thereof, sells, pledges, pawns, or otherwise disposes of any property which he has borrowed or hired from the owner, is guilty of a misdemeanor; but this 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.

Derivation: Penal Code, § 572, added L. 1882, ch. 384, § 1; amended L. 1892, ch. 692, § 1.

§ 942. Personating beneficiary of entrance ticket.

A person who, with intent to wrongfully convert to his own use the benefits secured by any ticket, contract, or other paper or writing, appearing upon its face not negotiable, and which entitles, or purports to entitle the person whose name appears therein, to entrance upon the grounds or premises of a membership corporation, or being thereupon, to remain upon such grounds or premises, falsely personates or attempts to so personate any individual named in such ticket, contract or other paper or writing, as the grantee or beneficiary thereof, is guilty of a misdemeanor.

Derivation: Penal Code, § 573, amended L. 1892, ch. 692, § 1.

943. Mock auction.

A person who buys or sells, or pretends to buy or sell, any goods, wares, or merchandise, or any species of property, except ships, vessels, or real or leasehold estate, exposed for sale by auction, if

an actual sale, purchase, and change of ownership therein does not thereupon take place, is guilty of a misdemeanor, punishable by imprisonment for thirty days, or by fine not exceeding one hundred dollars, or both.

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.

Derivation: Penal Code, §§ 443, 574.

People v. Lindenborn (1897), 23 Misc. 426, 52 N. Y. Supp. 101, 13 N. Y. Cr. 195.

§ 944. Publishing false messages.

A person who prints, publishes, or circulates as true, any message, order or proclamation, purporting to be the message, order or proclamation of the executive of the United States or of this state, or of any other state of the United States now or hereafter admitted, or of any territory of the United States, knowing the same not to be genuine, is punishable by imprisonment in a state prison not exceeding five years, or by fine not exceeding one thousand dollars, or by both. An indictment for this offense may be found in any county in which the message, address or proclamation is printed, published or circulated, but not in more than one county of the State.

Derivation: Penal Code, § 674.

People v. Most (1901), 36 Misc. 139, 140, 73 N. Y. Supp. 220, 16 N. Y. Cr. 106, aff'd 71 App. Div. 160, 171 N. Y. 423.

945. Unlawfully selling tickets for balls and entertainments. Any person who shall collect money or attempt to collect money or any valuable article, or to sell tickets for any ball or entertainment for the benefit of any pretended benevolent, humane, or charitable organization, which has no corporate existence, or for

any benevolent, humane, or charitable institution, that has been duly incorporated or recognized by the authorities of the state of New York, without first having obtained written authority of the officers of the said institution or organization, attested under the seal of the said institution, according to its rules, shall be guilty of a misdemeanor.

Derivation: Penal Code, § 674f, added L. 1899, ch. 327, § 2.

946. Misrepresentation of circulation of newspapers or periodicals.

Every proprietor or publisher of any newspaper or periodical who shall wilfully or knowingly misrepresent the circulation of such newspaper or periodical for the purpose of securing advertising or other patronage shall be deemed guilty of a misdemeanor.

Derivation: Penal Code, § 717a, added L. 1893, ch. 650, § 1.

§ 947. Verbal false pretense not criminal.

A purchase of property by means of a false pretense is not criminal, where the false pretense relates to the purchaser's means or ability to pay, unless the pretense is made in writing and signed by the party to be charged.

Derivation: Part of Penal Code, ch. 544, as amended L. 1905, ch. 556, § 1. For remainder of section, see § 442, ante.

Watson v. People (1882), 87 N. Y. 561; People v. Moore (1885), 37 Hun, 93, 3 N. Y. Cr. 468; People v. Dumar (1887), 106 N. Y. 502, 8 N. Y. Cr. 268, rev❜g 42 Hun, 86, 5 N. Y. Cr. 55; People v. Page (1889), 4 N. Y. Supp. 780, 7 N. Y. Cr. 6; People v. Hart (1901), 35 Misc. 182, 71 N. Y. Supp. 492; People ex rel. Cochrane v. Hyatt (1902), 172 N. Y. 176, 187; People v. Rothstein (1904), 180 N. Y. 149, aff'g 95 App. Div. 293, 88 N. Y. Supp. 622, 18 N. Y. Cr. 449, 42 Misc. 124, 85 N. Y. Supp. 1076, 18 N. Y. Cr. 66; People v. Snyder (1906), 110 App. Div. 699, 700, 97 N. Y. Supp. 469; People v. Levin (1907), 119 App. Div. 234, 104 N. Y. Supp. 647, 21 N. Y. Cr. 182.

§ 948. Unlawful use of name of benevolent, humane or charitable corporation.

No person, society or corporation shall, with intent to acquire. or obtain for personal or business purposes a benefit or advantage, assume, adopt or use the name of a benevolent, humane or charitable organization incorporated under the laws of this state, or a name so nearly resembling it as to be calculated to deceive the public with respect to any such corporation. A violation of this

section shall be a misdemeanor. Whenever there shall be an actual or threatened violation of this section, an application may be made to a court or justice having jurisdiction to issue an injunction, upon notice to the defendant of not less than five days, for an injunction to enjoin and restrain said actual or threatened violation; and if it shall appear to the satisfaction of the court or justice that the defendant is in fact using the name of a benevolent, humane or charitable organization, incorporated as aforesaid, or a name so nearly resembling it as to be calculated to deceive the public, an injunction may be issued by said court or justice, enjoining and restraining such actual or threatened violation, without requiring proof that any person has in fact been misled or deceived thereby.

Derivation: Penal Code, § 674h, added L. 1908, ch. 449.

949. Fraudulent appropriation of lost treasure or waived property.

A person who fraudulently conceals or appropriates to his own use any lost treasure or any waived property belonging to this state by virtue of its sovereignty, is guilty of a misdemeanor. Derivation: Penal Code, § 482.

See N. Y. Law Journal, Apr. 13, 1904.

§ 950. False statements in regard to employment.

Any person, firm, association or corporation, or any employee or agent thereof, who makes to any person furnishing or seeking employment any statement which is false, knowing the same to be false, in regard to any employment, work or situation, its nature, location, duration, wages, or salary attached thereto, or the cir cumstances surrounding the said employment, work, or situation, or who shall offer or hold himself out as in a position to secure or furnish employment without having an order therefor or such employment to be filled or shall misrepresent any other material matter in connection with said employment, work, or situation, and by reason of such statement, offer, holding out or misrepresentation, any person shall seek the employment, work or situation, in respect to which such statement, offer, holding out or misrepresentation was made, shall be guilty of a misdemeanor. (Added by L. 1911, ch. 575, in effect June 30, 1911.)