CHAPTER VIII. FALSE PERSONATION AND CHEATS. 528. Marrying under false personation. 530. 529. Personating another in private or official capacity. Receiving money or property in a false character. Fraudulent conveyances. 531. 532. Obtaining money, property or labor by false pretenses. Selling land twice. 533. 534. Married person selling lands under false representations, Mock auction. § 535. 536. Consignee, false statement by. 537. Defrauding inn or boarding-house. 537. Removal of mortgaged chattels. (Repealed.) 5372. Fraudulent registration of cattle. 537. Defrauding owner of livery stable a misdemeanor. 537a. Fraudulent registration of cattle. 537b. Defrauding owners of livery stables. § 538. Removing mortgaged personal property; further incumbrance or sale. § 538a. Misrepresentation of newspaper circulation. 8538b. Wearing badge of secret society unless entitled to. § 528. Marrying under false personation. Every person who falsely personates another, and in such assumed character marries or pretends to marry, or to sustain the marriage relation towards another, with or without the connivance of such other, is guilty of a felony. En. February 14, 1872. Consent obtained by fraud: See Civ. Code, sec. 58. § 529. Personating another in private or official capacity. Every person who falsely personates another in either his private or official capacity, and in such assumed character, either: 1. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety; 2. Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, or used as true; or, 3. Does any other act whereby, if 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 county jail not exceeding two years, or by fine not exceeding five thousand dollars. En. February 14, 1872. Am'd. 1905, 684. The change consists in the insertion of the words "in either his private or official capacity," after "another," the amendment being designed with the purpose of changing the construction put upon this section in People v. Knox, 119 Cal. 73, where it was held that the section did not apply to a case where a person falsely assumes an official character.-Code Commissioner's Note. Cal. Rep. Cit. 77, 439. Subd. 1-119, 73. Subd. 2-77, 437. § 530. Receiving money or property in a false character. Every person who falsely personates another, in either his private or official capacity, 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, or to deprive the true owner thereof, is punishable in the same manner and to the same extent as for larceny of the money or property so received. En. February 14, 1872. Am'd. 1905, 684. With the same object in view as in the amendment to the preceding section, the words "in either his private or official capacity" have been inserted after "another."-Code Commissioner's Note. Cal. Rep. Cit. 127, 282. § 531. Fraudulent conveyances. Every person who is a party to any fraudulent conveyance of any lands, tenements, or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment, or execution, contract or conveyance, had, made, or contrived with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands; or who, being a party as aforesaid, at any time wittingly and willingly puts in, uses, avows, maintains, justifies, or defends the same, or any of them, as true, and done, had, or made in good faith, or upon good consideration, or aliens, assigns, or sells any of the lands, tenements, hereditaments, goods, chattels, or other things before mentioned, to him or them conveyed as aforesaid, or any part thereof, is guilty of a misdemeanor. En. February 14, 1872. Fraud.-Actual fraud is defined by section 1572, and constructive fraud by section 1573, Civ. Code. Fraudulent conveyances: Civ. Code, secs. 3439-3442. § 532. Obtaining money, property, or labor by false pretenses. Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, or who causes or procures others to report falsely of his wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of money or property, or obtains the labor or service of another, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained. En. February 14, 1872. Am'd. 1889, 14; 1905, 685. The amendment is intended to make it criminal to procure the labor or services of another, or to defraud him of real property, by representations known to be false. With respect to real property, this changes the rule announced in People v. Cummings, 114 Cal. 437. The change consists in the addition of the words "whether real or personal,' after "property."-Code Commissioner's Note. "" Cal. Rep. Cit. 66, 11; 70, 117; 70, 118; 70, 529; 70, 531; 70, 532; 77, 174; 82, 273; 82, 275; 84, 38; 84, 472; 84, 474; 100, 354; 102, 562; 114, 438; 119, 597; 123, 267; 127, 282; 133, 329; 135, 269; 135, 270; 138, 528; 140, 662; 145, 737. § 533. Selling land twice. Every person who, after once selling, bartering, or disposing of any tract of land or town lot or after executing any bond or agreement for the sale of any land or town lot, again willfully and with intent to defraud previous or subsequent purchasers, sells, barters, or disposes of the same tract of land or town lot, or any part thereof, or willfully and with intent to defraud previous or subsequent purchasers, executes any bond or agreement to sell, barter, or dispose of the same land or lot, or any part thereof, to any other person for a valuable consideration, is punishable by imprisonment in the state prison not less than one nor more than ten years. En. February 14, 1872. Cal. Rep. Cit. 85, 87. § 534. Married persons selling lands under false representations. Every married person who falsely and fraudulently represents himself or herself as competent to sell or mortgage any real estate, to the validity of which sale or mortgage the assent or concurrence of his wife or her husband is necessary, and under such representations willfully conveys or mortgages the same, is guilty of felony. En. February 14, 1872. § 535. Mock auction. Every 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 imprisonment in the state prison not exceeding three years, or in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment; and, in addition thereto, forfeits any license he may hold as auctioneer, and is forever disqualified from receiving a license to act as auctioneer within this state. En. February 14, 1872. Auctioneers: See Pol. Code, secs. 3284 et seq. § 536. Consignee, false statement by. Every commission merchant, broker, agent, factor, or consignee, who shall willfully and corruptly make, or cause to be made, to the principal or consignor of such commission merchant, agent, broker, factor, or consignee, a false statement concerning the price obtained for, or the quality or quantity of any property consigned or intrusted to such commission merchant, agent, broker, factor, or consignee, for sale, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by fine not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or by both such fine and imprisonment. En. Stats. 1880, 37. § 537. Defrauding inn or boarding-house. Any person who obtains any food or accommodation at an hotel, inn, restaurant, boarding-house or lodging-house without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at an hotel, inn, restaurant, boarding-house, or lodging-house by the use of any false pretense, or who, after obtaining credit or accommodation at an hotel, inn, restaurant, boarding-house, or lodging-house absconds or surreptitiously removes his baggage therefrom without paying for his food or accommo dations is guilty of a misdemeanor. Am'd. 1903, 22. Cal. Rep. Cit. 119, 488; 121, 329. En. Stats. 1889, 44. § 537. Removal of mortgaged chattels. En. Stats. 1887, 87, Am'd. 1893, 119. Rep. 1905, 685. There were formerly two sections of this number. The one repealed was the one enacted in 1887. The other which was enacted in 1889 and amended in 1903 is still in force. See Penal Code, 1903, p. 202. Code Commissioner Davis in his report on this section, says: There are two sections numbered 537. The one regarding the removal of mortgaged chattels is repealed, the matter contained in it being sufficiently provided for in section 538.-Code Commissioner's Note. § 5372. Fraudulent registration of cattle. En. Stats. 1889, 35. Amended and renumbered as 537a, 1905, 685. See post, § 537a. § 5374. Defrauding owner of livery stable a misdemeanor. En. Stats. 1903, 153. Amended and renumbered as 537b, 1905, 685. See post, § 537b. § 537a. Fraudulent registration of cattle. Every person who by any false or fraudulent pretense obtains from any club, association, society, or company, organized for the purpose of improving the breed of cattle, horses, sheep, swine, or other domestic animals, a certificate of registration of any animal in the herd register, or any other register of any such club, association, society, or company, or a transfer of any such registration, and any person who, for a valuable consideration, gives a false pedigree of any animal, with intent to mislead, 'is guilty of a misdemeanor. En. Stats. 1889, 35, as section 5372. Amended and renumbered 1905, 685. 537a (5372). Section 5371⁄2 is renumbered 537a, and the word "valuable" is substituted for "legal," before "consideration." Section 2 is omitted because not properly a part of the Penal Code.-Code Commissioner's Note. § 537b. Defrauding owners of livery stables. Any person who obtains any livery hire or other accommodation at any livery or feed stable, kept for profit, in this state, without paying therefor, with intent to defraud the proprietor or manager thereof; or who obtains credit at any such livery or feed stable by the use of any false pretense; or who, after obtaining a horse, vehicle, or other property at such livery or feed stable, willfully or maliciously abuses the same by beating, goading, overdriving or other willful |