cate to such corporation to do business within this state has been revoked, is guilty of a misdemeanor. Added by chap. 692 of 1892. § 577j. Acting for foreign insurance corporation which has not designated superintendent of insurance as attorney. -Any person acting for himself or for others, not having been specially licensed, as provided by law, by the superintendent of insurance, who solicits or procures, or aids in the solicitation or procurement of policies or certificates of insurance from, or adjusts losses or in any manner aids the transaction of any business for, any foreign insurance corporation, which has not executed and filed in the office of the superintendent of insurance, a written appointment of the superintendent to be the true and lawful attorney of such corporation in and for this state, upon whom all lawful process in any action or proceeding against the corporation may be served, is guilty of a misdemeanor. Added by chap. 692 of 1892. § 578. Destroying property insured.-A person who, with intent to defraud or prejudice the insurer thereof, willfully burns, or in any manner injures or destroys property not included or described in section five hundred and seventy-five, which is insured at the time against loss or damage by fire or by any other casualty, under such circumstances that the offense is not arson in any of its degrees, is punishable by imprisonment for not more than five years, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. § 579. Presenting false proofs of loss in support of claim upon policy of insurance.-A person who knowing it to be such, either presents or causes to be presented a false or fraudulent claim, or any proof in support of such a claim, for the payment of a loss upon a contract of insurance; or Prepares, makes, or subscribes a false or fraudulent account, certificate, affidavit of proof of loss, or other document or writ ing with intent that the same may be presented or used in support of such a claim; Is punishable by imprisonment for not more than five years, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. Amended by chap. 384 of 1882. This amendment was made before the Code went into effect. CHAPTER IX. Fals: Weights and Measures. SECTION 580. Using false weights, measures, etc. 581. Keeping false weights. SECTION 582. False weights and measures authorized to be seized. 583. May be tested by committing magistrate, and destroyed or de- 584. Shall be destroyed after conviction of offender. § 580. Using false weights, measures, etc. 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 section 406, ante. See chap. 391 of 1893, for the protection of purchasers of coal in cities of over eight hundre i thousand inhabitants, and under twelve hundred thousand inhabitants, and providing for the enforcement thereof. Buying, or receiving and storing for hire, by false weights or measures, in a recognized and most important department of commercial business, was held, in People v. Fish, 2 Park., 206, to be an offense under the Revised Statutes. § 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. False weights and measures 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 by committing magistrate and destroyed or delivered to district attorney. 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. Shall be destroyed after conviction of offender.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 on casks or packages.-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 section 406, ante. $585a. Violations of regulations for sale of baled hay and straw. A person who: 1. Sells or offers for sale baled hay or straw containing more than twenty pounds of wood to the bale, the weight of which is two hundred pounds or upward, or more than ten pounds of wood to the bale the weight of which is less than two hundred pounds; or 2. Sells or offers for sale any bale of hay or straw upon which the correct gross weight is not plainly marked or which weighs. more than five pounds less than the gross weight so marked thereupon, is guilty of a misdemeanor. This section was added by chap. 692 of 1893, and will go into effect, Oc tober 1, 1893. CHAPTER X. Fraudulent Insolvencies by Individuals. SECTION 586. Fraudulent conveyances. 587. Fraudulent removal of property. 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. The case of Loos v. Wilkinson, 14 St. Rep., 144; 51 Hun, 85; 5 N. Y. Supp.. 414, was reversed in 23 St. Rep., 282; 113 N. Y., 485. Transferree.-The person who receives, as well as the one who transfers. the title, for the promotion of the design of withholding a debtor's property from the satisfaction of the demands of his lawful creditors, are both rendered so far criminal as to be guilty of a misdemeanor. Goodenough e. Spencer, 2 T. & C., 511. The vende cannot shield himself from its consequences on the ground that its commission arose out of the advice sought, for his protection, by an embarrassed or insolvent client. Id. The conveyance of his property by a judgment debtor to his wife, made and accepted for the purpose of cheating and defrauding creditors, renders her guilty of an offense under this section. Lapham v. Marshall, 20 St. Rep., 797: 51 Hun, 40; 3 N. Y. Supp., 603 See Matter of Peterson, 39 St. Rep., 924; 15 N. Y. Supp., 489. § 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 any 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; or with intent to defraud a creditor, removes, secretes, assigns, conveys or otherwise disposes of any of his books of account, accounts, vouchers or writings in any way relating to his business affairs, or destroys, obliterates, alters or erases any of such books of account, ac counts, vouchers or writings, or any entry, memorandum or minute therein contained, is guilty of a misdemeanor. Am'd by chap. 681 of 1893. This amendment added the latter provision of the present section. See subd. 25 of section 56 of Code of Criminal Procedure. Crime. It is a crime to dispose of property to defraud creditors. String field v. Fields, 7 Civ. Pro., 360. Carrying watch. The carrying of a watch about the person of the defendant was held, in People v. Morrison, 13 Wend., 399, not to be a secreting of property within the meaning of section 26 of the Session Laws 1831, page 396. Defense. The defendant is entitled to show that the removal of his property consisted in taking it with him on a change of residence of himself and family. Thomas v. People, 19 Wend., 480. Such intended removal need not come to the knowledge of the complainant. Id. See Matter of Peterson, 39 St. Rep., 924; 15 N. Y. Supp., 489. § 588. Knowingly receiving property.-A person who re ceives 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 deman 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. See notes under section 587, ante. What amounts to a concealing of property. McButt v. Hirsch, 4 Abb., 441. CHAPTER XI. Fraudulent Insolvencies by Corporations and Other Frauds in their Manage ment. SECTION 590. Frauds in the organization of corporations. 591. Fraudulent issue of stock, scrip, etc. 592. Frauds in procuring organization of corporation or increase of capital. 593. Acting for foreign corporations not authorized to do business in this state. 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 guaranty or indorsement, in its behalf, in certain cases. 600. Bank officer overdrawing his account. 601. Receiving deposits in insolvent bank. 602. Unlawful investments by officers of savings banks. 604. Misconduct by banks and bankers. 605. Unlawful discount of bills of foreign banks. 609. Private banker using sign. 610. Misconduct of officers and directors of stock corporations. 612. Misconduct of officers and agents of pipe line corporations. 613. Misconduct at corporate elections. 614. Presumption of knowledge of corporate condition and business, and of assent thereto by directors; definitions. See section 162 of chap. 566 of 1890-1892. § 590. Frauds in the organization of corporations.-A person who: 1. Without authority subscribes the name of another to or inserts the name of another in any prospectus, circular or other advertisement or announcement of any corporation or jointstock association existing or intended to be formed, with intent to permit the same to be published, and thereby lead persons |