title for that offense, may also be sentenced to pay a fine not exceeding three thousand dollars.

See § 591, post.

$519. Falsely indicating person as corporate officer. The false making or forging of an intrument or writing, purporting to have been issued by or in behalf of a corporation or association, state or government, and bearing the pretended signature of any person, therein falsely indicated as an agent or officer of such corporation, is forgery in the same degree, as if that person were in truth such officer or agent of the corporation or association, state or government.

16

66

or

$520. Terms "forge," "forged," and "forging," defined. The expressions "forge,' forged "and forging," as used in this chapter, include false making, counterfeiting and the alteration, erasure, obliteration of a genuine instrument, in whole or in part, the false making or counterfeiting of the signature, of a party or witness, and the placing or connecting together with intent to defraud different parts of several genuine instruments.

§ 521. Uttering, etc., forged instruments, coins, etc., is forgery.-A person who, knowing the same to be forged or altered, and with intent to defraud, utters, offers, disposes of or puts off as true, or has in his possession, with intent so to utter, offer, dispose of, or put off, either

or

1. A forged seal or plate, or any impression of either;

2. A forged coin; or

3. A forged will, deed, certificate, indorsement, record, instrument or writing, or other thing, the false making, forging, or altering of which is punishable as forgery;

Is guilty of forgery in the same degree as if he had forged the same.

Uttering. Noakes v. Peo., 25 N. Y., 380; Gallaher's case, 5 C. II Rec., 1; Chahoon v Com, 20 Gratt, 733; Sands v. Com., 1b., 800; Peo v. Ah. Who., 28 Cal., 205; Peo. v. Brigham, 2 Mich, 550; U. S. v. Nelson, 1 Abb., 135; Peo. v Rathbun, 21 Wend., 509. Gambling. Com. v. Percival, Thach. C. C., 293. Intent. Com. v. Goodenough, id., 132; Henderson v. State, 14 Texas, 503; State v. Kimball, 50 Me., 409.

§ 522. Uttering writing signed with wrongdoer's name. Whenever the false making or uttering of any instrument or writing is forgery in any degree, a person

is guilty of forgery in the same degree, who, with intent to defraud, offers, disposes of, or puts off such an instrument or writing subscribed or indorsed in his own name, or that of any other person, whether such signature be genuine or fictitious, under the pretense that such subscription or indorsement is the act of another person of the same name, or of a person not in existence.

§ 523. Forgery in first degree, how punished Forgery in the first degree is punishable by imprisonment for not less than ten years.

§ 524. Id.; in second degree.-Forgery in the second degree is punishable by imprisonment for not more than ten nor less than five years.

§ 525. Id.; in third degree.-Forgery in the third degree is punishable by imprisonment for not more than five years.

§ 526. Possession of counterfeit coin.-A person who has in his possession a counterfeit of any gold or silver coin, whether of the United States or of any foreign country or government, knowing the same to be counterfeited, with intent to sell, utter, use, circulate or export the same, as true or as false, or to cause the same to be so uttered or passed, is punishable by imprisonment not more than five years, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

Moses's case, 2 C. H. Rec., 84. Lampier's case, 5 ib., 179. Possession of a die. Murphy's case, 4 C. H. Rec., 42. Dorsett's case, 5 ib., 77.

§ 527. Advertising counterfeit money.-A person who, with intent to defraud, prints, circulates, or distributes a letter, circular, card, pamphlet, handbill, or any other written or printed matter, offering or purporting to offer for sale, exchange, or as a gift, counterfeit coin or paper money, or giving or purporting to give information where counterfeit coin or paper money can be procured, is punishable by imprisonment not more than five years, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

CHAPTER IV.

LARCENY, INCLUDING EMBEZZLEMENT, OBTAINING PROPERTY BY FALSE PRETENSES, AND FELONIOUS BREACH OF TRUST.

SEC. 528. Larceny defined.

529. Obtaining money or property by fraudulent draft.
530. Grand larceny n first degree.

531. In second degree.

532. Petit larceny.

533. Grand larceny in first degree, how punished.
534. Id., in second degree.

535. Petit larceny a misdemeanor.

536. Completed and unissued instruments property.
537. Severance f fixture, etc., larceny.

538. Keeping wrecked goods, a misdemeanor.

539. Lost property.

540. Bringing stolen goods into state, larceny.

541. Conversion by trustee, larceny; how punished.
542. Disposition of fine.

543. Remission of fine.

544. Verbal false pretense not larceny.

545. Value of evidence of debt, how ascertained.
546. Id., passenger ticket.

547. Id., of other articles.

548. Claim of title, ground of defense.

519. Intent to restore property.

550. Knowingly receiving.

551. Averment and proof.

§ 528. Larceny defined.-A person who, with the intent to deprive or defraud the true owner of his property, or of the use and benefit thereof, or to appropriate the same to the use of the taker, or of any other person, either

1. Takes from the possession of the true owner, or of any other person; or obtains from such possession by color or aid of fraudulent or false representation or pretense, or of any false token or writing; or secretes, withholds, or appropriates to his own use, or that of any person other than the true owner, any money, personal property, thing in action, evidence of debt or contract, or article of value of any kind; or

2. Having in his possession, custody, or control, as a bailee, servant, attorney, agent, clerk, trustee, or officer of any person, association, or corporation, or as a public officer, or as a person authorized by agreement, or by competent authority, to hold or take such possession, custody, or control, any money, property, evidence

of debt or contract, article of value of any nature, or thing in action or possession, appropriates the same to his own use, or that of any other person other than the true owner or person entitled to the benefit thereof;

Steals such property, and is guilty of larceny. Sub. 1. Larceny. Must be lucri causa. 2 N. Y. Cr., 32. Evidence. Peo. v. Wiggins, 1 id., 290, 296; Peo. v. Baker, 2 id., 218; York v. Peo., ib., 263. When taking not larceny. Peo. v. Devine, 20 Hun, 98. Entry on premises and taking property of another, no larceny in absence of intent; it is a mere trespass. McCourt v. Peo., 64 N. Y., 583; Collins v. Ralli, 20 Hun., 246; Peo. v. Burton, 1 N. Y. Cr., 297. Larceny may be laid in any county where goods brought by offender. Hoskins v. Peo., 16 N. Y., 344; Paine's case, 1 C.H. Rec., 64. Larceny not merged in burglary. Peo. v Smith, 57 Bar., 46. Felonious intent at time of taking necessary. Jeffer's case, 1 C.H. Rec.,83; Stone's case, 2 ib.,157; Crocheron's case, 6 ib., 62; IIadley's casc, 5 ib., 8; Hisrot's case, id, 137; Wilson v. Peo., 39 N. Y., 450. Felonious removal without carrying away sufficient. Tobias's case, 1 C. H. Rec., 30; Scott's case, 5 ib., 169. Must be an asportation. Philip's case, 4 C. H. Rec., 177. What constitutes asportation. State v. Wisdom, s Porter, 511; State v. Jones, 65 N. C., 395; State. v. Wilkerson, 72 N. C., 376. Sligh; removal sufficient. Harrison v. Peo., 50 N. Y., 515, State v. Wison, Coxe, 439; State v. Jackson, 65 N. C., 305; Eckels v. State, 20 Chio N. S., 508; Com. v. Luck's, 09 Mass., 431; State v. Gazell, 20 Mo., 92. Wife's clothes, larceny of in elopement. Peo. ". Schuyler, 6 Cow., 572; Peo. v. Cole, 43 N. Y., 508; Reg. v. Flatman, 21 Alb. L. J., 401, 418. Counselling apprentice who steals, both guilty as principals. Peo. v. Sheahan, 1 Wh. Cr. C., 226 Stealing from thief. Ward v. Peo., 3 Hill,395; S.C., 6 ib.,144. Subjects of larceny. Dogs Peo v. Campbell, 4 Park., 386; Mullaly v. Peo., 86 N. Y., 365. Peo. v. Maloney, 1ib., 593. Ice. Ward v. Peo., supra. Note. Peo. v. Call, 1 Den., 120. Note payable in specific articles. Peo. v. Bradley, 4 Park. ,245; see 1 Sheld., 586. Unissued bank bills, Peo. v. Wiley, 3 Hill, 194. Foreign bank-notes. Peo. v. Jackson. 8 Bar., 637. Certificates of stock. Peo. v. Griffin, 38 How. Pr., 475. See Poultry and Eggs. Com. v. Beeman, 8 Gray, 497. Animals ferae naturae, not. Norton v. Ladd, 5 N. II, 2.3. Except when confined or killed. State v. House, 65 N. C., 315. Doves. Com. v. Chace, 9 Rich., 15. Gas. Com. v Shaw, 4 Allen, 308; Peo. v. Caryl, 12 Wend., 547. Johnson v. Peo., 4 Den., 361; Peo. v. Loomis, ib., 380; Low v. Peo, 2 Park, 387; Peo v. Bradley, ib., 245; Payne v. Peo, 6 Johns., 103. Taking defined. Tobia's case, 1 C. H. Rec., 30; McDowell's case, ib., 177; S. C., 5 id, 94; Scott's case, id., 169. Intent. Ellis v. Peo., 21 How. Pr., 356. Must have a value. Payne v Peo. 6 Johns., 103. Bees. State v. Murphy, 5 Blackf., 498. Not subjects of larceny, Chose in Action, Linnenden's case. 1 C. H. Rec., 30; undrawn lottery tickets; Healy's case, 4 ib., 36; letters; Payne v. Peo., 6 Johns., 103; receipts; Peo. v. Bradley, 4 Park., 245; Peo. v. Griffin, 38 How. Pr., 475; Pco. v Loomis, 4 Den., 380. Attempt to steal when complete. State v. Wilson, 30 Comp., 500. Trick. Smith v. Peo., 53 N. Y., 111; Weyman v. Peo., 6 Lans., 696; State v. Deal, 64 N. C., 270; Defres v. State, 3 Heisk., 53. Ry agent. Peo. v. McMurray, 1 Sheld., 563; State v. McCarty, 17 Minn, 76. Taking goods by owner Palmer v. Peo. 10 Wend., 166; Peo. v Thompson, 31 Cal., 671; Pco. v. Stone, 16 ib., 369; Com.v Greene 111 Mass., 392. Joint owner. Kinsey v. Fike, 29 Ala., 206

Accepting payment by mistake. Wolfstein v. Stein, 6 Hun, 121. Artifice. Weyman v. Peo, 4 Hun, 511; S. C., 62 N. Y., 623. Macino v. Peo., 12 Hun, 127. Fraudulent conspiracy. Loomis v. Peo., 67 N. Y., 322 Taking to apply on debt, larceny. Com v. Stebbins, 8 Gray, 492 Intent to destroy. State v. Hawkins, 8 Porter, 461. Com v. Weld, Thach, C. C., 157. For to receive reward, larceny. Com v. Mason, 105 Mass., 163. Unknown owner. State v. Bell, 65 N. C. 313. Hiring, with felonious intent to convert, larceny. Brannan's Case, I C. H., Rec. 50. Changing money. Hildebrand v. Peo 56 N. Y., 134; 1 Hun, 19. Concealment with intent to convert. after lawful possession, larceny: Peo. v. McGarren, 17 Wend., 460. Appropriation by finder of lost article, no larceny: Peo. v. Anderson, 14 Johns, 294. Except owner is known. Pco. . Swan, 1 Park, 9; Peo. v. Cogdell, 1 Hill, 94. Straying cattle Peo. v. Kaatz, 3 Park, 129. Appropriation by carrier of freight • Nichols v. Peo., 17 N. Y., 114. Felonious appropriation of lost cargo, master having power to regain possession, larceny: Dayton's case: 2 C. H., Rec., 154. Servant sending goods to auction, intending to appropriate proceeds, larceny: Langley's case, C. H., Rec., 159. See Peo. v. Wood, 2 Park, 22. Fraudulent purchase, not larceny. Mourey v. Walsh, 8 Cow., 238; Ross v Peo., 5 Hill, 294. See Andrew v. Dieterich, 14 Wend, 31. Securing by trick, owner intending to retain title, is larceny: Smith v. Peo., 53 N. Y.. 111; Peo. v. Jackson, 3 Park, 590. When may be convicted without having possession: Peo. v. McMurray, 4 Park, 234; Wixson v. Peo., 5 ib. 119; Peo. v. McDonald, 43 N_Y., 61. Pretended purchase, with felonious intent, larceny: O'Terre's case, 3 C. H., Rec., 154; Valentine's case, 4 ib., 33; Bowen's case Ibid. 46, Peo. v. Curtis, 1 Wh. Cr. C. 536, St., Valerie v Peo., 64, Barb., 426. Owners' permission when no defense. Sandees v. State, 21 Alb., L. J., 196. False pretenses; two things must concur, false statement and reliance therein. Peo. v. Tompkins, 1 Park., 224; Peo. v Miller, 2 ib., 197. Kelly v. Peo., 6 Hun, 509. Post dated check. Lesser 3. Peo., 12 Hun, 663; S. C., 73 N. Y., 78; Foote v. Peo., 17 Hun, 218. Mortgage. Peo v. Sully, 1 Sheld., 17. Actual loss need not follow, id. Representation must be calculated to mislead. Peo. v. Williams, 4 Hill, 9; Peo. v. Stetson, 4 Barb., 151; Peo. v. Sully, 5 Park., 152; Peo v. Wood, 10 N. Y., Leg. Obs., 61. Over-drawing bank account does not constitute. Allen's case, 3 C. H. Rec., 118; Stuyvesant's case, 4 ib., 156. Nor where custody of goods has never actually changed. Ring's case, 1 C. H. Rec., 7. What constitutes. Stone's case, 2 C. H. Rec., 2; Mott's case, ib., 155; Valentine's case, 4 ib., 33; Collin's case, ib., 143; Smith's case, ib., 180; Peo. v. Dalton, 2 Wh. Cr. C., 161; Peo. v. Haynes, 11 Wend., 557; Peo. v. Herrick, 13 ib., 87; Thomas v. Peo., 34 N. Y., 351; Peo. v. Cooke, 6 Park., 131. Com. v. Stevenson, 21 Alb. L. J., 516. Bill of lading. Lazarus' case, 1 C. H. Rec., 89. Ownership of property. Peo. v. Kendall, 25 Wend., 399. Agency. Peo. v. Johnson, 12 Johns., 292; Heath's casc, 1 C..H. Rec., 116. Bill of exchange. DaCosta's case, 1 C. II. Rec., 33. Insurance Peo. v. Byrd, 1 Wh. Cr. C., 242. Check. Smith v. Peo., 47 N. Y., 303. First mortgage. Peo. v. Sully, 5 Park., 142. Sale of personal property. Peo v. Crissie, 4 Den., 525. Charitable donation. Peo. v. Clough, 17 Wend., 351. Payment of just debt, procured by. Peo. v. Thomas, 3 Hill, 169; Peo. v Smith, 5 Park., 490. Indorsement obtained by. Peo. v. Stone, 9 Wend.,