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CHAPTER IX.

FALSE WEIGHTS AND MEASURES.

SECTION 580. Using false weights, measures, &c.

581. Keeping false weights.

582. False weights and measures authorized to be seized.

583. May be tested by committing magistrate, and destroyed or deliv-
ered to district attorney.

584. Shall be destroyed after conviction of offender.

585. Stamping false weight or tare, on casks or packages.

false

measures,

&c.

§ 580. A person who injures or defrauds another by using, Using with knowledge that the same is false, a false weight, meas- weights. ure, 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.

false

§ 581. A person who retains in his possession any weight Keeping or measure, knowing it to be false, unless it appears beyond weights. 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.

False weights

measures

to be

§ 582. A person who is authorized or enjoined by law to arrest another person for a violation of the last two sections, and is equally authorized and enjoined to seize any false weights authorized or measures found in the possession of the person so arres- seized. ted, and to deliver the same to the magistrate before whom the person so arrested is required to be taken.

tested

mitting

trate, and

§ 583. The magistrate to whom any weight or measure May be is delivered pursuant to the last section, must, upon the by comexamination of the defendant, or if the examination is delayed magisor prevented, without awaiting such examination, cause the same to be tested by comparison with standards conform able 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

destroyed district

or delivered to

attorney.

Shall be destroyed after

offender.

of the county in which the defendant is liable to indictment or trial. as the interests of justice in his judgment require.

§ 584. Upon the conviction of the defendant, the district viction of 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 attor ney, to be destroyed.

Stamping false

tare, or

§ 585. A person who knowingly marks or stamps false weight or or short weights, or false tare on any cask or package, or packages. knowingly sells or offers for sale any cask or package so marked, is guilty of a misdemeauor.

casks or

Fraudulent conveyances.

Fraudu

CHAPTER X.

FRAUDULENT INSOLVENCIES BY INDIVIDUALS.

SECTION 586. Fraudulent conveyances.

587. Fraudulent removal of property to prevent levy.

588. Knowingly receiving property.

589. Concealment of effects of insolvent debtor.

586. 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. A person who, with intent to defraud a creditor, property or to prevent any of his property from being made liable

lent removal of

to prevent

levy, for the payment of his debts, or levied upon by an execu

tion or warrant of attachment, removes any of his property,

or secretes, assigns, conveys, or otherwise disposes of the same, is guilty of a misdemeanor.

ingly re

property.

§ 588. A person who receives any property from another Knowknowing that the same is transferred or delivered to him ceiving in violation of, or with intent to violate, the last section, is guilty of a misdemeanor.

ment of

insolvent

§ 589. A person who being an applicant, as an insolv- Concealent debtor, for a discharge from his debts, or for exonera- effects of tion or discharge from imprisonment, or having made a debtor. 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 condi tion 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.

Funds in subscrip

stock of

corporations.

CHAPTER XI.

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

SECTION 590. Frauds in subscriptions for stock of corporations.

591. Fraudulent issue of stock, scrip, &c.

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

593. Unauthorized use of names in prospectuses, &c.
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, &c.

598. Officer of bank putting excessive number of its notes in circula.
tion.

599. Officer or agent of banking corporation, making guarantee or in-
dorsement, in its behalf, in certain cases.

600. Bank officer overdrawing his account.
601. Receiving deposits in insolvent bank.

602. Frauds in keeping accounts, &c.

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, &c.

613. Foreign corporations.

614. "Director" defined.

§ 590. A person who signs the name of a fictitious tions for 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.

lent issue

scrip, &c.

§ 591. An officer, agent or other person in the service Frauduof any joint-stock company, or corporation formed or exist. of stock, ing 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.

procuring

tion of

tion, or in

crease of

592. An officer, agent or clerk, of a corporation, or of Frauds in persons proposing to organize a corporation, or to increase organizathe capital stock of a corporation, who knowingly exhibits corpora a false, forged or altered book, paper, voucher, security or capital. other instrument of evidence to any public officer or board authorized by law to examine the organization of such corporation, or to investigate its affairs, or to allow an increase of its capital, with intent to deceive such officer or board in respect thereto, is punishable by imprisonment in a state prison not exceeding ten years and not less than three years.

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