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THE

REVISED STATUTES, CODES, AND GENERAL LAWS

OF THE

STATE OF NEW YORK

TO
JANUARY FIRST, 1897

FULLY ANNOTATED WITH REFERENCES TO THE DECISIONS

AND

OFFICIALLY CERTIFIED BY THE SECRETARY OF STATE

FOR USE IN ALL COURTS.

FOR EXPLANATORY NOTES SER PRECEDING PAGE.

FABIUS, Town OF.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 57.

FACT.
See Issues ; Questions of Law and Fact.

FACTORIES.
ACCESS TO; see Domestic Commerce Law, S 38.
ACT FOR PROTECTION OF EMPLOYEES IN; see Children, SS 1-22.
FACTORY INSPECTORS; see Legislative Law, $ 78; Mines, SS 1-24; Wages, SS 2, 3.
See also Children; Food, SS 1-9.

FACTORS. 1. Consignee's lien. After this act shall take effect, every person in whose name any merchandize shall be shipped, shall be deemed the true owner thereof, so far as to entitle the consignee of such merchandize to a lien thereon,

1. For any money advanced, or negotiable security given, by such consignee, to or for the use of the person in whose name such shipment shall have been made; and,

2. For any money or negotiable security received by the person in whose name such shipment shall have been made, to or for the use of such consignee. L. 1830, c. 179, § 1. 6 N. Y. 374, 380; 60 id. 73, 40; 24 id. 521, 638; 56 id. 544; 119 id. 380; 18 Hun, 277, aff'd, 83

N. Y. 287; 28 Barb. 178; 5 Rob. 418. 2 When not to exist. The lien provided for in the preceding section, shall not exist where such consignee shall have notice, by the bill of lading or otherwise, at or before the advancing of any money or security by him, or at or before the receiving of such money or security by the person in whose name the shipment shall have been made, that such person is not the actual and bona fide owner thereof. Id., § 2. 28 Barb. 178; 6 N. Y. 374.

3 When factor deemed owner. Every factor or other agent, entrusted with the possession of any bill of lading, custom-house permit, or warehouse-keeper's receipt

for the delivery of any such merchandize, and every such factor or agent not having the documentary evidence of title, who shall be entrusted with the possession of any merchandizę for the purpose of sale, or as a security for any advances to be made or obtained thereon, shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandize, for any money advanced, or negotiable instrument or other obligation in writing given by such other person upon the faith thereof. L. 1830, c. 179, $ 3.

.1$weeney, 436; 1 Hun, 196; 18 id. 277; 34 id. 534; 45 id. 620: 60 id. 40, 73; 61 id. 283; 74 id. .:.:.'568, 587; 106 id. 203; 24 id. 521; 3 Den. 472; 4 id. 323, aff'd, 6 N. Y. 374; 1 E. D. Smith,

7; i Bosw. 504; 7 Daly, 232; 16 Abb. Pr. N. S. 411; 71 N. Y. 353; 42 N. Y. Super. 522;

20 Wend. 9; 4 Daly, 256; 119 N. Y. 380. 4. Merchandise pledged by factor. Every person who shall hereafter accept or take any such merchandize in deposit from any such agent, as a security for any antecedent debt or demand, shall not acquire thereby, or enforce any right or interest in or to such merchandize or document, other than was possessed or might have been enforced by such agent at the time of such deposit. Id., § 4. 3 Den. 472; 36 N. Y. Supp. 355.

5 Rights of true owner. Nothing contained in the two last preceding sections of this act, shall be construed to prevent the true owner of any merchandize so deposited, from demanding or receiving the same, upon repayment of the money advanced, or on restoration of the security given, on the deposit of such merchandize, and upon satisfying such lien as may exist thereon in favor of the agent who may have deposited the same; nor from recovering any balance which may remain in the hand of the person with whom such merchandize shall have been deposited, as the produce of the sale thereof, after satisfying the amount justly due to such person by reason of such deposit. Id., $ 5. 6 N. Y. 374.

6 Sale or pledge by common carrier, etc. Nothing contained in this act shall authorise a common carrier, warehouse keeper, or other person to whom merchandize or other property may be committed for transportation or storage only, to sell or hypothecate the same. Id., § 6.

1 Bosw. 505; 102 N. Y. 120.
$ 7 repealed by L. 1886, c. 593, § 1, s 5.

7 Powers of court, etc. Nothing contained in the last preceding section, shall be construed to prevent the court of chancery from compelling discovery, or granting relief upon any bill to be filed in that court by the owner of any merchandize so entrusted or consigned, against the factor or agent by whom such merchandize shall have been applied or sold contrary to the provisions of the said section, or against any person who shall have been knowingly a party to such fraudulent application or sale thereof; but no answer to any such bill shall be read in evidence against the defendant making the same, on the trial of any indictment for the fraud charged in the bill. Id., § 8. See also Agents; Bailment.

FAIRFIELD, Town OF.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 47.

FAIRS.
BY AGRICULTURAL AND HORTICULTURAL SOCIETIES; see Agricultural Law, SS 88, 89, 104-

106; Horses, SS 12–14; Membership Corporations Law, SS 142, 143.
BOOTHS, ETC., AT TIME OF; see Cities, $ 16.
KEEPING GAMBLING APPARATUS NEAR; see Betting and Gaming, $ 13.
MALICIOUS INJURY TO ARTICLES EXHIBITED AT; see Malicious Mischief, & 9.
SALE OF LIQUORS AT; see Liquor Tax Law, § 31.
TICKETS FOR; see Election Law, $ 253.

FALLOWS.
See Fisheries, etc., Law, $ 281.

FALL RIVER, CITY OF.
See Banking Law, & 116.

FALLSBURGH, Town OF.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 36

FALSE.
IMPRISONMENT:
ACTIONS FOR:

COSTS IN; see Costs, $ 23.
EXEMPTED FROM EFFECT OF CERTAIN PROVISIONS; see New York, $ 58.
JURISDICTION OF; see Albany, S 7; Justices' Courts, $ 3; New York, ss 7, 75.
AGAINST SHERIFF OR JAILER, BY PRISONER ENTITLED TO DISCHARGE; see Justices'

Courts, $ 179.

DO NOT SURVIVE; see Executors, etc., 8 166. INCLUDED UNDER HEAD OF PERSONAL INJURIES; see Code of Civil Procedure, & 3, subd. 9.

See also Imprisonment.
LIGHT OR SIGNAL; see Malicious Mischief, S 3.
NAME; see False Personation; Fraud; Names.
PROCLAMATION; see Fraud, $ 18; Proclamations,
REGISTRATION, RETURNS, CANVASS, ETC.; see Election Law, SS 227, 240.
REPORTS, CERTIFICATES, ETC., BY OFFICERS; see Insurance Law, SS 318, 323, 825; Stock

Corporation Law, $ 31.
STATEMENTS; see Attachment, SS 2, 3; Liquor Tax Law, 8 34.

FALSE PERSONATION. 1 Acts done in assumed character. A person who falsely personates another, and, in such assumed character,

1. Marries or pretends to marry, or to sustain the marriage relation towards another, with or without the connivance of the latter; or

2. Becomes bail or surety for a party in an action or special proceeding, civil or criminal, before a court or officer authorized to take such bail or surety; or

3. Confesses a judgment; or

4. Subscribes, verifies, publishes, acknowledges, or proves a written instrument, which by law may be recorded, with intent that the same may be delivered or used as true; or

5. Does any other act, in the course of any action or proceeding, whereby, if it were done by the person falsely personated, such person might in any event become liable to an action or special proceeding, civil or criminal, or to pay a sum of money, or to incur a charge, forfeiture, or penalty, or whereby any benefit might accrue to the offender, or to another person;

Is punishable by imprisonment in a state prison for not more than ten years. Pen. Code, § 562. 3 Park. 520.

2 Same: limitations as to indictments. An indictment cannot be found, for the crime specified in subdivision first of the last section, except upon the complaint of the person injured, if there be any such person living, and within two years after the perpetration of the crime. Pen. Code, $ 563.

3 Receiving property in false character. A person, who falsely personates another, and in such assumed character receives any money or property, knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or to that of another person who is not entitled thereto, is punishable in the same manner and to the same extent, as for larceny of the money or property so received. Pen. Code, § 564. 6 Cow. 72; 46 N. Y. 470; 4 Barb. 151.

4 Personating officers. A person, who falsely personates a public officer, civil or military, or a policeman, or a private individual having special authority by law to perform an act affecting the rights or interests of another, or who assumes, without authority, any uniform or badge by which such an officer or person is lawfully distinguished, and in such assumed character does an act, purporting to

be official, whereby another is injured or defrauded, is guilty of a misdemeanor.
Pen. Code, s 565.
46 N. Y. 470; 4 Barb. 151.
See also Children, $ 42; Fraud; Heirs, $ 7; New York Harbor, SS 52, 64; Public Health

Law, $ 153.
For earlier laws on this subject, see 2 R. S. pp. 676 and 677,

FALSE PRETENSES. 1 Obtaining signature by false pretenses. A person, who, with intent to cheat or defraud another, designedly, by color or aid of a false token or writing, or other false pretense, obtains the signature of any person to a written instrument, is punishable by imprisonment in a state prison for not more than three years, or in a county jail for not more than one year, or by a fine of not more than three times the value of the money or property affected or obtained thereby, or by both such fine and imprisonment. Pen. Code, 8 566. 16 Hun, 535; 12 id. 668; 83 id. 409; 82 N. Y. 238, rev'g 20 Hun, 55; 3 N. Y. Cr. R. 483; 48

N. Y. St. R. 351; 63 id. 588. 2 False pedigrees of animals, etc. Every person who by any false pretense shall obtain from any club, association, society or company for improving the breed of cattle, horses, sheep, swine or other domestic animals the registration of any animal in the herd register or other register of any such club, association, society or company or a transfer of any such registration, and every person who shall knowingly give a false pedigree of any animal, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. Pen. Code, $ 566 A, added by L. 1887, c. 153.

3 Obtaining money, etc., for pretended charity. A person, who willfully, 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 any money or property, for any alleged or pretended charitable or benevolent purpose, is punishable by imprisonment for not less than one nor more than three years, or by a fine to an amount not exceeding the value of the money or property obtained, or by both. Pen. Code, § 567.

4 Obtaining money, etc., by note of corporation not in existence. If the false token, by which money or property is obtained in violation of sections 566 and 567, 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. Pen. Code, § 568. 12 Wend. 425.

5 Passing worthless check. The use of a matured cheque, or other order for the payment of money, as a means of obtaining a signature, or money or property, such as is specified in sections 566 and 567, 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. Pen. Code, § 569. 3 C. H. Rec. 118; 4 id. 156; 1 id. 138; 4 id. 65; 73 N. Y. 78, aff'g 12 Hun, 668; 17 Hun, 218;

42 id. 289; 15 Wend. 231; 1 Park. 224. 6 Obtaining employment or aid by deception. A person who obtains employment, or appointment to any office or place of trust by color or aid of any false or forged letter or certificate of recommendation, or any false statement in writing, as to his name, residence, previous employment or qualification, or any person who shall willfully and intentionally fraudulently represent himself or herself to be a deaf and dumb person in order to collect, receive or otherwise obtain moneys, food,

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