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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 after executing any bond or agreement for the sale jf 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 bag. gage therefrom without paying for his food or
En. Stats. 1889, 44.
dations is guilty of a misdemeanor. Am’d. 1903, 22.
Cal. Rep. Cit. 119, 488; 121, 329.
§ 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
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.
§ 5371/2. Fraudulent registration of cattle. En. Stats. 1889, 35.
Amended and renumbered as 537a, 1905, 685. See post, $ 537a.
§ 53734. 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 53742. Amended and renumbered 1905, 685. 537a (53742). Section 53712 is renumbered 537a, and the word able' 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
uch livery or feed sta willf or maliciously abuses the same by beating, goading, overdriving or other willful or malicious conduct, or who, after obtaining such horse, vehicle, or other property, shall, with intent to defraud the owner, manager or proprietor of such livery or feed stable, keep the same for a longer period, or take the same to a greater distance than contracted for; or allow a feed bill or other charges to accumulate against such property, without paying therefor; or abandon or leave the same, is guilty of a misdemeanor. En. Stats. 1903, 157, as section 53734. Renumbered 1905, 685. 537b (53734). Renumbered, but not amended.-Code Commissioner's Note.
§ 538. Removing mortgaged personal property; further incumbrance or sale. Every person who, after mortgaging any of the property mentioned in section two thousand nine hundred and fifty-five of the Civil Code, excepting locomotives, engines, rolling stock of a railroad, steamboat machinery in actual use, and vessels, during the existence of such mortgage, with intent to defraud the mortgagee, his representatives or assigns, takes, drives, carries away, or otherwise removes or permits the taking, driving, or' carrying away, or other removal of the mortgaged property, or any part thereof, from the county where it was situate when mortgaged, without the written consent of the mortgagee, or who sells, transfers, or in any manner further incumbers the said mortgaged property, or any part thereof, or causes the same to be sold, transferred, or further incumbered, is guilty of larceny, and is punishable accordingly; unless at or before the time of making such sale, transfer, or incumbrance, such mortgagor informs the person to whom such sale, transfer, or incumbrance is made, of the existence of the prior mortgage, and also informs the prior mortgagee of the intended sale, transfer, or incumbrance, in writing, by giving the name and place of residence of the party to whom the sale, transfer, or incumbrance is to be made. En. Stats. 1893, 120. Am’d. 1905, 686. The amendment extends the operation of the section to cases where personal property is taken, removed, or driven from the county in which it is mortgaged with the intention of defrauding the mortgagagee. The change consists in the addition of the words “with intent to defraud the mortgagee, his representatives or assigns, takes, drives, carries away, or otherwise removes or permits the taking, driving or carrying away, or other removal of the mortgagei property, or any part thereof, from the county where it was situated when mortgaged, without the written consent of the mortgagee, or who.'-Code Commmissioner's Note. There were formerly two sections of this number, one added March 9, 1303, which appears above as amended in 1905. The other, added March 11, 1903, has been amended and renumbered 538a in 1905 and appears below.
§ 538a. Misrepresentation of newspaper circulation. Every proprietor or publisher of any newspaper or periodical who shall willfully and knowingly misrepresent the circulation of such newspaper or periodical, for the purpose of securing advertising or other paiconage, shall be deemed guilty of a misdemeanor. En. Stats. 1893, 132, as section 538. Renumbered and amended 1905, 686. 538a (538). Section 538 is renumbered 538a.-Code Commissioner's Note.
See note to section 538, ante.
§ 538b. Wearing badge of secret society unless entitled to. Any person who willfully wears the badge, lapel button, rosette, or other recognized and established insignia of any secret society, order, or organization, or uses the same to obtain aid or assistanee within this state, unless entitled to wear or use the same, under the constitution, by-laws, or rules and regulations, or other laws or enactments of such order or society, is guilty of a misdemeanor. En. Stats. 1905, 686. 538b (54342). This section consists of the matter now in section 54342.
The change is made by placing the matter in a section in the proper chapter. By some inadvertence the legislature placed it in the chapter providing for the punishment of persons fraudulently fitting out and destroying vessels.-Code Commissioner's Note.
CHAPTER IX. FRAUDULENTLY FITTING OUT AND DESTROYING VESSELS. § 539.
Captain or other officer willfully destroying vessel, etc. § 540.
Other person willfully destroying vessel, etc. $ 541. Making false manifest, etc. $ $ 542, 543. No sections. § 54342. Wearing the badge of secret order. (Repealed.)
§ 539. Captain or other officer willfully destroying vessel, etc. Every captain or other officer or person in command or charge of any vessel, who, within this state, willfully wrecks, sinks, or otherwise injures or destroys such vessel, or any cargo in such vessel, or willfully permits the same to be wrecked, sunk, or otherwise injured or destroyed, with intent to prejudice or defraud any other person, is punishable by imprisonment in the state prison not less than three years. En. February 14, 1872.
§ 540. Other person willfully destroying vessel, etc. Every person, other than such as are embraced within the