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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 magistrate, and de.
stroyed or delivered 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.—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, supra. Peo. v. Fish, 4 Park., 206; Peo. 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 appears 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 and destroyed.-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. To be destroyed after conviction. — 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.-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, supra. Com. v. Warren, 6 Mass., 72.

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.

§ 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 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, is guilty of a misdemeanor.

See Code Cr. Proc., § 56. Loomis v. Peo., 19 Hun, 601; Goodenough v. Spencer, 2 S. C., 508. Need not be judgment creditors. Peo Underwood, 15 Wend, 546. Bona fide removal of property, no offense Thomas v. Peo., 19 Wend., 480. See Peo. v. Morrison, 13 Wend., 399.

§ 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 his 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.

CHAPTER XI.

FRAUDULENT INSOLVENCIES BY CORPORATIONS, AND OTHER FRAUDS IN THEIR MANAGEMENT.

SEC. 590. Frauds in subscriptions for stock of corporations. 591. Fraudulent issue of stock, scrip, etc.

592. Frauds in procuring organization of corporation, or
increase of capital.

593. Unauthorized use of names in prospectuses, etc.
594. Misconduct of directors of stock corporations.
595 Misconduct of directors of banking corporations.
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
guarantee or indorsement, in its behalf, ín certain

cases.

600. Bank officer overdrawing his account.

601. Receiving deposits in insolvent bank.
602. Frauds in keeping accounts, etc.

603. Officer of corporation publishing false reports of its
condition.

604. Insolvencies of corporations deemed fraudulent, when.

605. Directors participating in fraudulent insolvency, how

punishable.

606. Violation of duty of directors of moneyed corporations.

607. Railroad company contracting debt in its behalf, exceeding its available means.

608. Last section limited.

609. Directors of corporation presumed to have knowledge of its affairs.

610. Director present at meeting, when presumed to have assented to proceedings.

611. Director absent from meeting, when presumed to have assented to proceedings.

612. Failure of director upon whom application is served,

etc.

613. Foreign corporations.

614. "Director" defined.

§ 590. Frauds in subscriptions for stock of corporations.-A person who signs the name of a fictitious person to any subscription for, or agreement to take, stock in any corporation, existing or proposed; and a

person who signs, to any 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.

See § 518, supra; Palmer v. Lawrence, 3 Sandf., 161; 5 N. Y., 189.

§ 591. Fraudulent issue of stock, scrip, etc.-An officer, agent or other person in the service of any jointstock 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, pledge, or issue, or to cause 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. Re-issues, sells, pledges or disposes of, or causes to be re-issued, sold, pledged or disposed of, any surrendered or cancelled certificates, or other evidence of the transfer or ownership of any such share or shares ;

Is punishable by imprisonment for not less than three years nor more than seven years, or by a fine not exceeding three thousand dollars, or by both.

2. § 592. Id.; Frauds in procuring organization, or increase of capital.-An officer, agent or clerk, of a corporation, or of persons proposing to organize a corporation, or to increase the capital stock of a corpora

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