haul or transport, or cause to be hauled or transported, any nitroglycerine over, across or upon the streets or alleys in any incorporated city or town within this State. (6971, R. L.

1910)

1223. Vehicles Transporting Same to Be Labeled-Every vehicle carrying or transporting nitroglycerine shall have conspicuously marked thereon in letters not less than six inches in height on each side and the rear of such vehicle, the words "Nitroglycerine-Dangerous." (6972, R. L. 1910.)

1224. Storage of Explosives-Nothing in this article shall be held to apply to persons, partnerships or corporations who store not to exceed twenty-five pounds of said explosives, except nitroglycerine, in any one place at any one time, nor to the manufacturing or storing of drugs: Provided, however, that for good cause shown, the chief mine inspector or deputy may issue a permit for temporary storage of any of said explosives, except nitroglycerine, and not exceeding five hundred pounds. (6973, R. L. 1910.)

1225. Penalty-Whoever, either as principal, agent, servant or employee of such person, partnership or corporation violates any of the preceding sections of this article, or fails to procure a valid certificate from the chief mine inspector, as herein provided shall be fined not less than fifty dollars nor more than two thousand dollars. (6974, R. L. 1910)

1226. Gasoline Kept in Red Tanks-All grocers, druggists and all other vendors of gasoline in quantities of one hundred and fifty gallons and less are hereby required to put all gasoline by them hereafter kept for sale, or sold, in a red can, tank, barrel or other receptacle, which receptacle shall be labeled "Gasoline," and vendors of kerosene in quantities of two hundred fifty gallons or less shall not put kerosene in any can, tank, barrel or other receptacle painted red: Provided, that all dealers shall be required to keep for use and shall place all gasoline by them sold in red cans or other receptacles. (6975 R. L. 1910.)

1227. Penalty-Any grocer, druggist or other person who shall be convicted of a violation of the provisions of the preceding section shall be deemed guilty of a misdemeanor, and shall be fined not less than ten dollars nor more than fifty dollars, and shall in addition thereto be liable in damages in civil suit for any damage resulting from a violation of the preceding section. (6976, R. L. 1910.)

1228. False Impersonation-Punishment--Any person who falsely personates another, and in such assumed character, either:

First: Marries or pretends to marry, or to sustain the marriage relation toward another, with or without the connivance of such other person; or,

Second: Becomes bail or surety for any party, in any proceedings whatever before any court or officer authorized to take such bail or surety; or,

Third: Subscribes, verifies, publishes, acknowledges or proves in the name of another person, any written instrument, with intent that the same may be delivered or used as true; or,

Fourth: Does any other act whereby, if it were done by the person falsely personated, he might in any event become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture or penalty, or whereby any benefit might accrue to the party personating, or to any other

person

is punishable by imprisonment in the penitentiary not exceeding ten years. (2689, R. L. 1910.)

1229. Other False Impersonation-Any person who falsely personates another, and in such assumed character receives any money or property, knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or to that of another person who is

not entitled thereto is punishable in the same manner and to the same extent as for larceny of the money or property so received. (2690, R. L. 1910.)

1230. Personating Officer and Others Any person who falsely personates any public officer, civil or military, or any fireman or any private individual having special authority by law to perform any act affecting the rights or interests of another, or assumes, without authority, any uniform or badge by which such are usually distinguished, and in such assumed character does any act whereby another person is injured, defrauded, vexed or annoyed, is guilty of a misdemeanor. (2691, R. L. 1910.)

1231. Obtaining Property Under False Pretenses-Any person who, with intent to cheat or defraud another, designedly, by color or aid of any false token or writing, or other false pretense, obtains the signature of any person to any written instrument, or obtains from any person any money or property, is punishable by imprisonment in the penitentiary not exceeding three years or in a county jail not exceeding one year, or by a fine not exceeding three times the value of the money or property so obtained, or by both such fine and imprisonment. (2694, R. L. 1910.)

Defective allegations cannot be supplied by intendment, argument or implication. The false pretense must consist in asserting an existing fact, not a promise to do or perform in the future. Taylor v. Terr, 2 Okla. Cr. 1. Indictment approved. Fuller v. Terr. 2 Okla. Cr. 87.

Not necessary that false pretense be the sole inducement to parting with property. Smith v. State, 7 Okla. Cr. 136.

Criminal laws cannot be used for purpose of collecting debts. Ex Parte Jack Wheeler, 7 Okla. Cr. 562.

Checks must have been given at time goods or money was obtained, or no offense has been committed. Roy Jones v. State, 9 Okla. Cr. 621. Evidence of false pretense. Sec. 204.

1232. Obtaining by False Representation of Charitable Purposes-Any person who designedly, by color or aid of any false token or writing, or other false pretense, obtains the signature of any person to any written instrument, or obtains from any person any money or property for any alleged charitable or benevolent purpose whatever, is punishable by imprisonment in the penitentiary not exceeding three years or in a county jail not exceeding one year, or by a fine not exceeding the value of the money or property so obtained, or by both such fine and imprisonment. (2695, R. L. 1910.)

1233. False Representation of Negotiable Paper-If the false token by which any money or property is obtained in

violation of the first and second preceding sections of this article is a promissory note or 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 the penitentiary not exceeding seven years, instead of by punishment prescribed by those sections. (2696, R. L. 1910.)

1234. False Check-The use of a matured check or other order for the payment of money, as a means of obtaining any signature, money or property, such as is specified in the last two sections, by a person who knows that a 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 representation is made in respect thereto. (2697, R. L. 1910.)

1235. Holding Mock Auction-Any person who obtains any money or property from another, or obtains the signature of another to any written instrument, 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 impris onment in the penitentiary not exceeding three years or in a county jail not exceeding one year or by a fine not exceeding one thousand dollars, or by both such fire 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. (2698 R. L. 1910.)

1236. Fraud by Auctioneer-Any person carrying on, interested in, or employed about the business of selling property or goods by auction, who sells any goods or property in a damaged condition which he offers as sound or in good condition, is guilty of a misdemeanor. (2699, R. L. 1910.)

1237. Fraud in Partnership-Every member of a limited partnership who is guilty of any fraud in the affairs of the partnership is guilty of a misdemeanor. (2703, R. L. 1910.)

1238. False Pedigree of Animals-Every person who by any false pretense shall obtain from any club, association, society or company for improving the breed of cattle, horses, sheep, swine or other domestic animals. the registration of any animal in the herd register of any such club, association, society, or company, or a transfer of any such registration,

and every person who shall knowingly give a false pedigree of any animal, shall be deemed guilty of a misdemeanor. (2701, R. L. 1910.)

1239. Destroying Evidence of Ownership of Wrecked Property-Every person who defaces or obliterates the marks upon wrecked property, or in any manner disguises the appearance thereof with intent to prevent the owner from discovering its identity, or who destroys or suppresses any invoice, bill of lading or other document tending to show the ownership, is guilty of a misdemeanor. (2702, R. L. 1910.)

1240. Board and Lodging by Fraud-Any person who shall obtain food, lodging or other accommodations at any hotel, inn, boarding or eating house or rooming house, with intent to defraud the owner or keeper thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding one hundred dollars or be imprisoned in the county jail not exceeding three months, or punishment by both such fine and imprisonment. Proof that lodging, food and other accommodations were obtained by false pretenses or by false or fictitious show or pretense of any baggage or other property, or that he gave a check or negotiable paper on which payment was refused, or that he left the hotel, inn, boarding house or rooming house without payment or offering to pay for such food, lodging, or other accommodation, or that he surreptitiously removed or attempted to remove his baggage, or that he registered under a fictitious name, shall be prima facie proof of the intent to defraud mentioned in this section; but this act shall not apply where there has been an agreement in writing for delay in payment. (S. L., 1915, 359.)

1241. Misrepresentation in Sale of Nursery Stock-It shall be unlawful for any person, firm or corporation, acting either as principal or agent, to sell to any person, firm or corporation any fruit tree or fruit trees, plants or shrubs, representing same to be thrifty or of a certain kind, variety or description and thereafter to deliver to such purchaser in filling such order and in completing such sale any fruit trees, plants or shrubs of a different kind, variety or description than the kind, variety or description of such fruit trees, plants or shrubs so ordered and sold. (2706, R. L. 1910.)

1242. Penalty-Any person, firm or corporation, acting either as principal or agent, violating any provisions of the preceding section, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum of not less than