The Commissioners doubt the soundness of this docision, even under the existing law. See Reg. v. Bates (3 Cox Cr. Cas., 201), where it is held that an indictment which charges a falso pretense of an existing fact calculated to induce the confidence which led to the prosecutor's parting with his property, though mixed up with false pretenses as to the prisoner's future conduct, is sufficient. Where the false pretense is as to the status of the party at the time, or as to any collateral fact supposed to be then existing, it will equally support an indictment under the statute. See also Reg. v. Burnsides (8 Cox Cr. Cas., 370), where the indictment charged that the prisoner falsely pretended to the prosecutor that a certain person who lived in a large house down the street, and had had a daughter married some time back, had been at him, the prisoner, about some carpet, to wit, about twelve yards, by which, &c.; whereas no such person had been at the prisoner about any carpet, nor had any such person asked the prisoner to procure any piece of woolen carpet; and the evidence was, that the prisoner stated to the prosecutor that he wanted some carpeting for a family in a large house in the village, who had a daughter lately married, and thereby obtained twenty yards of carpet from him; and it was held that there was a sufficient false pretense alleged. But conceding the decision in Ranney v. People to be a correct exposition of the Revised Statutes, it calls for a modification of the law. Under the language employed in the text, it will be sufficient that the false assertion cooperated with other influences to induce the prosecutor to act; that it aided the prisoner to perpetrate the fraud. The words "money or property " are substituted in this and the preceding sections for the words "money, personal property or other valuable thing," employed in the existing statutes, as being a briefer expression of equivalent import; and without intent to change the law. S624. Every 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 a state prison 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. See Laws of 1851, ch. 144. Obtaining property for charita or char poses. Obtaining negotiable debt by false pretenses. Using false check or order for payment of money. Mock auctions. $625. If the false token by which any money or property is obtained in violation of sections 623 and 624 is a promissory note or other 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 a state prison not exceeding seven years, instead of by the punishments prescribed by those sections. See 2 Rev. Stat., 677, § 54. $626. 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 the 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. As to the necessity of such a provision see Allen's case, 3 City H. Rec., 118; Conger's case, 4 Id., 65; 1 Wheel. Cr., 448; Van Pelt's case, 1 City H. Rec., 137; People v. Tompkins, 1 Park. Cr., 224. S627. 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 a state prison not exceeding three years, or in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine 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. See Laws of 1853, ch. 138. CHAPTER VIII. FRAUDULENTLY FITTING OUT AND DESTROYING VESSELS. SECTION 628. Captain, or other officer, willfully destroying vessel, &c. 629. Other persons willfully destroying vessel, &c. 630. Fitting out or lading any vessel, with intent to wreck the same. 631. Making false manifest, &c. $628. 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 an insurer or any other person, is punishable by imprisonment in a state prison for life. Injuring or destroying vessels upon the high seas, is provided for by various acts of Congress. See the acts collected, Brightly's Dig., 209-211. The above section is therefore limited to acts committed within this state. $629. Every person other than such as are embraced within the last section, who is guilty of any act therein prohibited, is punishable by imprisonment in a state prison not exceeding ten years and not less than three. S 630. Every person guilty of fitting out any vessel, or of lading any cargo on board of any vessel, with intent to cause or permit the same to be wrecked, sunk or otherwise injured or destroyed, and thereby to prejudice or defraud an insurer or any other person, is punishable by imprisonment in a state prison not exceeding ten years, and not less than three. false mani S631. Every person guilty of preparing, making Making or subscribing, any false or fraudulent manifest, fest, &c. invoice, bill of lading, ship's register or protest, with intent to defraud another, is punishable by imprison ment in a state prison not exceeding three years, or by a fine not exceeding one thousand dollars, or both. The offense of making false evidence to be used in legal trials or investigations, is covered by sections 165–170. Destroying property insured. CHAPTER IX. FRAUDULENT DESTRUCTION OF PROPERTY INSURED. SECTION 632. Destroying property insured. 633. Presenting false proofs of loss in support of claim upon policy of insurance. S632. Every person who willfully burns, or in any other manner injures or destroys any property whatever which is at the time insured against loss or damage by fire, or by any other casualty, with intent to defraud or prejudice the insurer, whether the same be the property or in the possession of such person or of any other, is punishable by imprisonment in the state prison not exceeding seven years, and not less than four. Presenting false proofs Corresponds with the punishment for arson in the third degree, reported in section 539. See also note to sections 521 and 526. S633. Every person who presents or causes to be of loss in presented any false or fraudulent claim, or any proof support of claim upon in support of any such claim, upon any contract of policy of Insurance. insurance, for the payment of any loss, or who pre pares, makes or subscribes any account, certificate, survey, affidavit, proof of loss, or other book, paper or writing, with intent to present or use the same, or tɔ allow it to be presented or used in support of any such claim, is punishable by imprisonment in a state prison not exceeding three years, or by a fine not exceeding one thousand dollars, or both. CHAPTER X. FALSE WEIGHTS AND MEASURES. SECTION 634. Using false weights or measures. 635. Selling provisions by false weight or measure. 636. Keeping false weights. 637. False weights and measures authorized to be seized. 639. Shall be destroyed after conviction of offender. 640. Stamping false weight or tare, on casks or packages. S634. Every person who uses any weight or measure, knowing it to be false, by which use another is defrauded or otherwise injured, is guilty of a misde meanor. See 2 Rev. Stat., 5, § 32. S 635. When the property sold by false weight or measure consists of any description of provisions, the offense is felony. By "provisions" are intended bread, meat, milk and other articles which form ordinary food. Using falso measures. weights or Selling proby false visions weight or measure. § 636. Every person who retains in his possession Keeping any weight or measure, knowing it to be false, unless weights. 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. weights sures authorized to be seized S637. Every person who is authorized or enjoined False by law to arrest another person for a violation of and measections 634, 635 and 636, 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. § 638. The magistrate to whom any weight or measure is delivered pursuant to the last section, May be tested by commit |