son, holder, or bearer, is not so entitled, or is not entitled to the amount of stock in such certificate or writing specified; or if any officer or agent of such corporation, or other person, knowing such certificate or other writing to be false or untrue, shall transfer, assign, or deliver the same to another person, for the sake of gain, or with the intent to defraud the corporation, or any member thereof, or such person to whom the same shall be transferred, assigned or delivered, the person so offending shall be imprisoned in the county jail or state's prison not less than four months nor more than ten years.

Code, s. 1032; R. C., c. 34, s. 62.

3422. Counterfeiting coin. If any person shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting the resemblance or similitude or likeness of a Spanish milled dollar, or any coin of gold or silver, which is in common use and received in the discharge of contracts by the citizens of the state; or shall pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, or bring into the state from any other place, with intent to pass, utter, publish, or sell as true, any such false, forged, or counterfeited coin, knowing the same to be false, forged or counterfeited, with intent to defraud any person whatsoever, every person so offending shall be guilty of a felony, and punished by imprisonment in the state's prison or county jail for not less than four months nor more than ten years.

Code, s. 1035; R. C., c. 34, s. 64; 1811, c. 814, s. 3.

3423. Counterfeiting, possession of tools for. If any person shall have in his possession any instrument for the purpose of making any counterfeit similitude or likeness of a Spanish milled dollar, or other coin made of gold or silver, which is in common use and received in discharge of contracts by the citizens of the state and shall be duly convicted thereof, the person so offending shall be imprisoned in the state's prison or county jail not less than four months nor more than ten years, or be fined not more than five hundred dollars.

Code, s. 1036; R. C., c. 34, s. 65; 1811, c. 814, s. 4.

3424. Deeds and other papers. If any person, of his own head and imagination, or by false conspiracy or fraud with others, shall wittingly and falsely forge and make, or shall cause or wittingly assent to be forged or made, or shall show forth in evidence, knowing the same to be forged, any deed, lease or will, or any bond, writing obligatory, bill of exchange, promissory note, endorse

ment or assignment thereof; or any acquittance, or receipt for money or goods; or any receipt, or release for any bond, note, bill, or any other security for the payment of money; or any order for the payment of money or delivery of goods, with intent, in any of said instances, to defraud any person or corporation, and thereof shall be duly convicted, the person so offending shall be punished by imprisonment in the state's prison or county jail not less than four months nor more than ten years, or fined in the discretion of the court.

Code, s. 1029; R. C., c. 34, s. 59; 1801, c. 572; 5 Eliz., c. 14, ss. 2, 3; 21 James I., c. 26 (A. D. 1623).

3425. Judgments, securities, etc., selling same. If any person shall sell, by delivery, indorsement, or otherwise, to any other person, any judgment for the recovery of money purporting to have been rendered by a justice of the peace, or any bond, promissory note, bill of exchange, order, draft, or liquidated account purporting to be signed by the debtor (knowing the same to be forged), the person so offending shall be punished by imprisonment in the state's prison or county jail for not less than four months nor more than ten years.

Code, s. 1033; R. C., c. 34, s. 63.

3426. Names to petitions; using such petitions. If any person shall wilfully sign, or cause to be signed, or wilfully assents to the signing of the name of any person without his consent, or of any deceased or fictitious person to any petition or recommendation with the intent of procuring any commutation of sentence, pardon, or reprieve of any person convicted of any crime or offense, or for the purpose of procuring such pardon, reprieve or commutation, to be refused or delayed by any public officer, or with the intent of procuring from any person whatsoever, either for himself or another. any appointment to office, or to any position of honor or trust, or with the intent to influence the official action of any public officer in the management, conduct or decision of any matter affecting the public, he shall be guilty of a felony, and fined not exceeding one thousand dollars, or imprisoned in the county jail or state's prison not exceeding five years, or both, at the discretion of the court; and if any person shall wilfully use any such paper for any of the purposes or intents above recited, knowing that any part of the sig natures to such petition or recommendation has been signed thereto. without the consent of the alleged signers, or that names of any dead or fictitious persons are signed thereto, he shall be guilty of a felony, and punished in like manner.

Code, s. 1034; 1883, c. 275.

3427. Uttering forged paper. If any person, directly or indirectly, whether for the sake of gain or with intent to defraud or injure any other person, shall utter or publish any such false, forged or counterfeited bill, note, order, check, or security, as is mentioned in the preceding section; or shall pass, or deliver, or attempt to pass, or deliver any of them to another person (knowing the same to be falsely forged or counterfeited), the person so offending shall be punished by imprisonment in the county jail or state's prison, not less than four months nor more than ten years.

Code, s. 1031; R. C., c. 34, s. 61; 1819, c. 994, s. 2.

NOTE.

Presentation of false certificate of exemption from taxes, see s. 3401.

XV. FRAUds.

3428. Blackmailing. If any person shall knowingly send or deliver any letter or writing demanding of any person, with menaces, and without any reasonable or probable cause, any chattel, money, or valuable security; or if any person shall accuse, or threaten to accuse, or shall knowingly send or deliver any letter or writing, accusing or threatening to accuse any person of any crime punishable by law with death, or imprisonment in the state's prison, with a view or intent to extort or gain from such person any chattel, money, or valuable security, every such offender shall be guilty of a misdemeanor.

Code, s. 989; R. C., c. 34, s. 110.

3428a. Cheating minors. Whenever any person having a contract with any corporation, company or person for the manufacture or change of any raw material by the piece or pound shall hire and employ any minor to assist in said work upon the faith of and by color of said contract and with intent to cheat and defraud said minor, and shall secure the contract price and shall wilfully fail to pay said minor when he shall have performed his part of said contract work, whether done by the day or by the job, the person so offending shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days.

1893, c. 309.

3429. Fairs, fraudulent entry of horses at. If any person shall knowingly enter or cause to be entered for competition or to compete for any purse, prize, premium, stake or sweep-stake offered or given by any agricultural or other society, association or person in this state any horse, mare, gelding, colt or filly under an assumed name or out of its proper class, he shall be punished by fine of not less than

one hundred nor more than one thousand dollars, or imprisonment in the state's prison for not less than one nor more than five years, or both fine and imprisonment, at the discretion of the court.

1893, c. 387.

Note. See s. 3668.

3430. False lights on seashore. If any person shall make or display, or cause to be made or displayed, any false light or beacon. on or near the seacoast, for the purpose of deceiving and misleading masters of vessels, and thereby put them in danger of shipwreck, he shall be guilty of a felony, and imprisoned in the state's prison for not less than four months nor more than ten years.

Code, s. 1024; R. C., c. 34, s. 58; 1831, c. 42.

3431. False pretense; obtaining advances under promise to work. If any person, with intent to cheat or defraud another, shall obtain any advances in money, provisions, goods, wares or merchandise of any description, from any other person or corporation upon and by color of any promise or agreement that the person making the same will begin any work or labor of any description for said person or corporation from whom said advances are obtained, and said person so making said promise or agreement shall unlawfully and wilfully fail to commence or complete said work according to contract without a lawful excuse, he shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days. And evidence of such promise or agreement to work, the obtaining of such advances thereon and the failure to comply with such promise or agreement shall be presumptive evidence of the intent to cheat and defraud at the time of obtaining such advances and making such promise or agreement, subject to be rebutted by other testimony which may be introduced by the defendant.

1889, c. 444; 1891, c. 106; 1905, c. 411.

3432. False pretense; cheating by. If any person shall knowingly and designedly, by means of any forged or counterfeited paper, in writing or in print, or by any false token, or other false pretense whatsoever, obtain from any person or corporation within the state any money, goods, property, or other thing of value, or any banknote, check, or order for the payment of money, issued by, or drawn on, any bank or other society or corporation within this state, or any of the United States, or on any treasury warrant, debenture, certificate of stock, or public security, or any order, bill of exchange, bond, promissory note, or other obligation, either for the payment of money or for the delivery of specific articles, with intent to cheat or defraud any person or corporation of the same, such person shall

be guilty of a felony, and imprisoned in the state's prison not less than four months nor more than ten years, or fined, in the discretion of the court: Provided, that if, on trial of any one indicted for such crime, it shall be proved that he obtained the property in such manner as to amount to larceny, he shall not, by reason thereof, be entitled to be acquitted of the felony; and no person tried for such felony shall be liable to be afterwards prosecuted for larceny upon the same facts: Provided further, that it shall be sufficient in any indictment for obtaining or attempting to obtain any such property by false pretenses, to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person, and without alleging any ownership of the chattel, money or valuable security; and, on the trial of any such indictment, it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud.

Code, s. 1025; R. C., c. 34, s. 67; 1811, c. 814, s. 2; 24 and 25 Vic., c. 96, s. 88; 33 Hen. VIII., c. 1, ss. 1, 2; 30 Geo. II., c. 24, s. 1; 52 Geo. III., c. 64, s. 1; 7 and 8 Geo. IV., c. 29, s. 53.

3433. False pretense; obtaining signature by. If any person, with intent to defraud or cheat another, shall designedly, by color of any false token or writing, or by any other false pretense, obtain the signature of any person to any written instrument, the false making of which would be punishable as forgery, or obtain from any person any money, goods, wares, merchandise or other property or valuable thing whatsoever, he shall be punishable by fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the state's prison for a term not less than one year nor more than five years, or both, at the discretion of the court. Code, s. 1026; 1871-2, c. 92.

3434. False pretense; obtaining advances by. If any person shall obtain any advances in money, provisions, goods, wares or merchandise of any description, from any other person or corporation, upon any written representation that the person making the same is the owner of any article of produce, or of any other specific chattel, or personal property, which property, or the proceeds of which the owner in such representation thereby agrees to apply to the discharge of the debt so created and the owner shall fail to apply such produce or other property, or the proceeds thereof, in accordance with such agreement, or shall dispose of the same in any other manner than is so agreed upon by the parties to the transaction, the person so offending shall be guilty of a misdemeanor, whether he shall or shall not have been the owner of any such property at the time such representation was made.

Code, s. 1027; 1879, cc. 185, 186; 1905, c. 104.