or 3. Willfully omits to make true entry of any material particular in any such account or book of accounts, made, written, or kept by him or under his direction; Is guilty of forgery in the third degree. 3 R. S. 944, § 35. 516. Forging passage tickets. A person who, with intent to defraud, forges, counterfeits, or falsely alters any ticket, check or other paper or writing, entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railway or in any vessel or other public conveyance; and a person who, with like intent, sells, exchanges or delivers, or keeps or offers for sale, exchange or delivery, or receives upon any purchase, exchange or delivery, any such ticket, knowing the same to have been forged, counterfeited or falsely altered, is guilty of forgery in the third degree. 3 R. S. 954, §§ 93, 94. § 517. Forging U. S. stamps. A person who forges, counterfeits or alters any postage or revenue stamp of the United States, or or who sells, or offers, or keeps for sale, as genuine or as forged, any such stamp, knowing it to be forged, counterfeited or falsely altered, is guilty of forgery in the third degree. § 518. Officer of corporation seiling, etc., shares. An officer, agent or other person employed by any company or corporation existing under the laws of this state, or of any other state or territory of the United States, or of any foreign government, who willfully and with a design to defraud, sells, pledges or issues, or causes to be sold, pledged or issued, or signs or procures to be signed with intent to sell, pledge or issue, or to be sold, pledged or issued, a false, forged or fraudulent paper, writing or instrument, being or purporting to be a scrip, certificate or other evidence of the ownership or transfer of any share or shares of the capital stock of such company or corporation, or a bond or other evidence of debt of such company or corporation, or a certificate or other evidence of the ownership or of the transfer of any such bond or other evidence of debt, is guilty of forgery in the third degree, and upon conviction, in addition to the punishment prescribed in this title for that offense, may also be sentenced to pay a fine not exceeding three thousand dollars. 3 R. S. 946, §§ 4, 950. § 519. Falsely indicating person as corporate officer. The false making or forging of an instrument or writing, purporting to have been issued by or in behalf of a corporation or association, state or government, and bearing the pretended signature of any person, therein falsely indicated as an agent or officer of such corporation, is forgery in the same degree, as if that person were in truth such officer or agent of the corporation or association, state or government. § 520. Terms "forge" and "forging." The expressions "forge," "forged" and "forging," as used in this chapter, include false making, counterfeiting and the alteration, erasure, or obliteration of a genuine instrument, in whole or in part, the false making or counterfeiting of the signature, of a party or witness, and the placing or connecting together with intent to defraud different parts of several genuine instruments. § 521. Uttering, etc., forged instruments, etc., is forgery. A person who, knowing the same to be forged or altered, and with intent to defraud, utters, offers, disposes of or puts off as true, or has in his possession, with intent so to utter, offer, dispose of, or put off, either 1. A forged seal or plate, or any impression of either; or 2. A forged coin; or 3. A forged will, deed, certificate, indorsement, record, instrument or writing, or other thing, the false making, forging, or altering of which is punishable as forgery; Is guilty of forgery in the same degree as if he had forged the same. $522. Uttering writing signed with wrong-doer's name. Whenever the false making or uttering of any instrument or writing is forgery in any degree, a person is guilty of forgery in the same degree, who, with intent to defraud, offers, disposes of, or puts off such an instrument or writing subscribed or indorsed in his own name, or that of any other person, whether such signature be genuine or fictitious, under the pretense that such subscription or indorsement is the act of another person of the same name, or of a person not in existence. § 523. Forgery in first degree, how punished. Forgery in the first degree is punishable by imprisonment for not less than ten years. § 524. Id.; second degree. Forgery in the second degree is pun. ishable by imprisonment for not more than ten or less than five years. § 525. Id. ; in third degree. Forgery in the third degree is punishable by imprisonment for not more than five years. § 526. Having possession of counterfeit coin. A person who has in his possession a counterfeit of any gold or silver coin, whether of the United States or of any foreign country or government, knowing the same to be counterfeited, with intent to sell, utter, use, circulate or export the same, as true or as false, or to cause the same to be so uttered or passed, is punishable by imprisonment not more than five years, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. § 527. [am'd 1887.] Advertising counterfeit money. A person who prints, writes, utters, publishes, sells, lends, gives away, circulates or distributes any letter, writing, circular, paper, pamphlet, hand bill or any other written or printed matter, advertising, offering or purporting to advertise or offer for sale, loan, exchange, gift, or distribution, or to furnish, procure or distribute any counterfeit coin, paper money, internal revenue stamp, postage stamp or any other token of value, or what purports to be counterfeit coin, paper money, internal revenue stamp, postage stamp or any other token of value, or giving, or purporting to give, either directly or indirectly, information where, how, of whom or by what means any counterfeit coin, paper money, internal revenue stamp, postage stamp, or token of value, can be procured or had, or what purports to be counterfeit coin, paper money, internal revenue stamp, postage stamp or other token of value, can be procured or had, or whoever shall aid, assist or abet in any manner, in any scheme or device whatsoever, offering or purporting to offer, for sale, loan, gift, exchange or distribution, any counterfeit coin, paper money, internal revenue stamp, postage stamp or other token of value, whether called "green articles," queer coin," paper goods," "bills," "spurious treasury notes," "United States goods," green paper goods," "business that is not legitimate,' cigars," green cigars," or by any other name or title, cr any other device of a similar character, shall be guilty of a felony and on conviction shall be punished by imprisonment for not less than one year nor more than five years, and by a fine of not less than $100 nor more than $1,000 for each offense. 99 66 66 99 66 66 § 2. Whoever in and for executing, operating, promoting, carrying on, or in the aiding, assisting or abetting in the promoting, operating, carrying on, or executing of any scheme or device whatsoever to defraud, by use or means of any papers, writings, letters, circulars or written or printed matters concerning the offering for sale, loan, gift, distribution, or exchange, of counterfeit coin, paper money, internal revenue stamps, postage stamps or other token of value as provided in section one of this act, shall use any fictitious, false or assumed name or address, or name or address other than his own right, proper and lawful name; or whoever in the executing, operating, promoting, carrying on, aiding, assisting or abetting in the execution, promotion or carrying on of any scheme or device offering for sale, loan, gift, or distribution, or purporting to offer for sale, loan, gift or distribution or giving or purporting to give information, directly or indirectly, where, how, of whom, or by what means, any counterfeit coin, paper money, internal revenue stamp, postage stamp, or other token of value, can be obtained or had, or who shall knowingly receive or take from the mails of the United States any letter or package addressed to any such fictitious, false or assumed name or address or name other than his own right, proper or lawful name shall be guilty of a felony, and on conviction shall be punished by imprisonment for not less than one year, nor more than five years, and by a fine of not less than one hundred dollars nor more than two thousand dollars. CHAPTER IV. LARCENY, INCLUDING EMBEZZLEMENT, OBTAINING PROPERTY BY FALSE PRETENSES, AND FELONIOUS BREACH OF TRUST. 539. Lost property. § 528. Larceny defined. A person who, with the intent to deprive or defraud the true owner of his property, or of the use and benefit thereof, or to appropriate the same to the use of the taker, or of any other person, either 1 Takes from the possession of the true owner, or of any other person or obtains from such possession by color or aid of fraudulent or false representation or pretense, or of any false token or writing; or secretes, withholds, or appropriates to his own use, or that of any person other than the true owner, any money, personal property, thing in action, evidence of debt or contract, or article of value of any kind, or 2. Having in his possession custody, or control, as a bailee, servant, attorney, agent, clerk, trustee, or officer of any person, association or corporation, or as a public officer, or as a person author ized by agreement, or by competent authority, to hold or take such possession, custody, or control. any money, property, evidence of debt or contract, article of value of any nature, or thing in action or possession, appropriates the same to his own use, or that of any other persor other than the true owner or person entitled to the benefit thereof; Stcals such property, and is guilty of larceny $529. Obtaining money or property by fraudulent draft. A person who willfully, with intent to defraud, by color or aid of a check or draft, or order for the payment of money or the delivery of property, when such person knows that the drawer or maker thereof is not entitled to draw on the drawee for the sum specified therein, or to order the payment of the amount or delivery of the property, although no express representation is made in reference thereto, obtains from another any money or property, is guilty of stealing the same and punishable accordingly. 530. Grand larceny in first degree. A person is guilty of grand larceny in the first degree, who steals or unlawfully obtains or appropriates, in any manner specified in this chapter, 1. Property of any value, by taking the same from the person of another in the night time; or 2. Property of the value of more than twenty-five dollars, by taking the same in the night time from any dwelling-house, vessel, or railway car; or 3. Property of the value of more than five hundred dollars, in any manner whatever. 3 R. S. 953, § 80. § 531. In second degree. A person is guilty of grand larceny in the second degree who, under circumstances not amounting to grand larceny in the first degree, in any manner specified in this chapter, steals or unlawfully obtains or appropriates, 1. Property of the value of more than twenty five dollars, but not exceeding five hundred dollars, in any manner whatever; or 2. Property of any value, by taking the same from the person of another; or 3. A record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law, with, or in keeping of any, public office or officer. § 532. Petit larceny. Every ot her larceny is petit larceny. 3 R. S. 969, § 1. § 533. Grand larceny in first degree, how punished. Grand larceny in the first degree is punishable by imprisonment for not less than five nor more than ten years. 3 R. S. 932, §§ 73, 80, 81. § 534. Id.; in second degree. Grand larceny in the second degree is punishable by imprisonment for not less than two nor more than five years. § 535. Petit larceny a misdemeanor. Petit larceny is a misde meanor. § 536. Completed unissued instruments property. All the provisions of this chapter apply to cases where the property taken is an instrument for the payment of money, an evidence of debt, a public security, or a passage ticket, completed and ready to be issued or delivered, although the same has never been issued or delivered |