§ 188-9 the proviso, shall be recorded in the clerk's office of the county wherein the mortgagor, if a resident of this state, shall reside at the time of the execution thereof, and if not a resident of this state, then in the clerk's office of the county where the property so mortgaged shall be at the time of the execution of such instrument; provided, that in any county where the office of register of deeds exists, or hereafter may be created, such instruments shall be recorded in the office of such register. (Id., § 5.) 188. Chattel mortgages; how acknowledged or proved.— That no chattel mortgage or conveyance intended to operate as a mortgage of goods and chattels shall be recorded unless the execution thereof shall be first acknowledged or proved, and such acknowledgment or proof certified thereon in the manner prescribed by the act entitled "An act respecting conveyances." (Id., § 6.) 189. Chattel mortgages; effect of recording.-That every chattel mortgage hereafter recorded pursuant to the provisions of this act shall be valid against the creditors of the mortgagor, and against subsequent purchasers and mortgagees, from the time of the recording thereof until the same be canceled of record in the manner now provided by law for canceling of mortgages of real estate. (Id., § 9.) CRIMES. Provisions of "An Act for the punishment of crimes (Revision of 1898)," P. L. 1898, p. 794, specially applicable to corporations. 190. * Embezzlement.-Any person who, holding an office of trust and profit under the authority of this state, or under any public or private corporation existing under the laws thereof, who shall embezzle any of the money, property or securities committed to his keeping, with intent to defraud the state, or any county thereof, or any city, borough, township, body corporate or person, or shall fraudulently dispose of the same, shall be guilty of a high misdemeanor. (§ 167.) 191. Fraudulent appropriation of corporate property. Any person who, being a director, member or public officer of any body corporate or public company, shall fraudulently take or apply for his own use or benefit, or for any use or purpose other than the use or purpose of such body corporate or public company, any of the property of such body corporate or public company, shall be guilty of a misdemeanor. ($ 172.) 192. Keeping fraudulent accounts. Any person who, being a director, public officer or manager of any body corporate or public company, shall, as such, receive or possess himself of any of the property of such body corporate or public company, otherwise than in payment of a just debt or demand, and shall, with intent to defraud, omit to make, or to cause or direct to be made a full and true entry thereof in the books and accounts of such body corporate or public company, shall be guilty of a misdemeanor. (§ 173.) * Arbitrary section number; see footnote, p. 118. § 193-6 193. Willful destruction of books, making false entries, &c. -Any person who, being a director, manager, public officer or member of any body corporate or public company, shall, with intent to defraud, destroy, alter, mutilate or falsify any book, paper, writing, or valuable security belonging to the said body. corporate or public company, or make or concur in the making of any false entry, or omit or concur in omitting any material particular in any book of accounts or other document belonging thereto, shall be guilty of a misdemeanor. (§ 174.) 194. Publishing false statements.-Any person who, being a director, manager or public officer of any body corporate or public company, shall make, circulate or publish or concur in making, circulating or publishing any written statement or account which he shall know to be false in any material particular, with intent to deceive or defraud any member, shareholder or creditor of any such body corporate or public company, or with intent to induce any person to become a shareholder or partner therein, or to entrust or advance any property to such body corporate or public company, or to enter into any security for the benefit thereof, shall be guilty of a misde meanor. ($ 175.) 195. Embezzlement by servants, agents, &c.-Any servant, employee or agent of any individual or incorporated company, who shall take or receive any money, bank bill or note, of or above the price of value of twenty dollars, belonging to his master, employer, or said incorporated company, with intent to defraud such master, employer or incorporated company thereof, and shall willfully retain and appropriate to his own use the said money, bank bill or note, knowing the same to belong to his master, employer, or said incorporated company, shall be guilty of a misdemeanor. ($179.) 196. Issuing false stock.-Every president, vice-president, director, cashier, treasurer, secretary or other officer, and every agent of any bank, insurance company, railroad company, manufacturing company, or of any other corporation, who shall will fully or designedly sign, with intent to issue, transfer, sell or § 196 pledge, or cause to be issued, transferred, sold or pledged, any false, fraudulent or simulated certificate or other evidence of the ownership or transfer of any share or shares of the capital stock of such corporation, or who shall willfully or designedly sign, with intent to issue, transfer, sell or pledge, or cause to be issued, transferred, sold or pledged, any certificate or other evidence of the ownership or transfer of any share or shares in such corporation, or any instrument purporting to be a certificate or other evidence of such ownership or transfer, the signing, issuing, transferring, selling or pledging of which, by such president, vice-president, director, cashier, treasurer, secretary or other officer or agent, shall not be authorized by the charter and by-laws of such corporation, and every such president, vice-president, director, cashier, treasurer, secretary or other officer or agent who shall willfully, designedly or fraudulently issue, transfer, sell or pledge any such certificate or other evidence, or any such instrument as aforesaid, with intent to prejudice, injure, damage or defraud any person, body politic or corporate, shall be guilty of a high misdemeanor. ($ 200.) CRIMINAL PROCEDURE. Provisions of "An Act relating to courts having criminal juris diction and regulating proceedings in criminal cases. (Revision of 1898)," P. L. 1898, p. 866, specially applicable to corporations, * 197. Summons against corporations, how issued and served. -When any indictment shall be found, or information filed by the attorney-general against any corporation, city, borough or township, it shall and may be lawful for the attorney-general or prosecuting attorney for the state to cause a summons or notice to be directed to the said corporation, city, borough or township in its corporate name, commanding or notifying the said corporation, city, borough or township to appear at the said court, to answer to such indictment or information, a copy of which summons or notice shall be served on the president, or other head officer of the said corporation, or clerk of said city, borough or township, or left at his dwelling-house or usual place of abode, at least six entire days before the time at which the said corporation, city, borough or township are by said summons or notice required to appear; and in case the president or other head officer of the corporation cannot be found in the county in which said indictment shall have been presented or information filed, to be served with a copy of said summons or notice as aforesaid, and has no dwelling-house or other usual place of abode within the said county, then a copy of said summons or notice may be served on the clerk, cashier, superintendent or secretary of the said corporation, if any there be in the said county in which the said indictment shall have been found or information filed, and if there be no clerk, cashier or secretary of said corporation found in said county, then on one of the directors of said corporation, or left at his usual place of abode * Arbitrary section number; see footnote, p. 118. |