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. Pen. Code, § 518.

13 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. Pen. Code, § 519. 75 N. Y. 484, aff'g 15 Hun, 155; 54 N. Y. St. R. 475.

14 Terms " forge," “forged,” and “forging” defined. 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. Pen. Code, § 520.

75 Hun, 329; 58 N. Y. St. R. 223; 2 N. Y. Supp. 489.

15

Uttering forged instruments, coins, etc. 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. Pen. Code, § 521.

6 Park. 683; 25 N. Y. 380; 26 id. 193; 5 C. H. Rec. 1; 21 Wend. 509; 3 N. Y. Cr. R. 122; 142 N. Y. 38; 140 id. 313; 85 Hun, 320; 42 N. Y. St. R. 165; 48 id. 438; 55 id. 669; 58 id. 442; 61 id. 66; 66 id. 451; 70 id. 66; 9 Misc. 442; 17 N. Y. Supp. 396.

When

16 Pretense that signature is that of another person of same name, etc. ever 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. Pen. Code, § 522.

54 N. Y. St. R. 475; 59 id. 360.

17 Forgery, how punished. Forgery in the first degree is punishable by imprisonment for a term not exceeding twenty years. Pen. Code, § 523, as am'd L. 1892, c. 662.

2 Crim. Rep. 475; 32 Hun, 124; 96 N. Y. 38, aff'g 32 Hun, 123.

18 Same; second degree. Forgery in the second degree is punishable by imprisonment for a term not exceeding ten years. Pen. Code, § 524, as am'd L. 1892, c. 662.

*This subject, §§ 3-21.

19 Same, third degree. Forgery in the third degree is punishable by imprisonment for not more than five years. Pen. Code, § 525.

2 Crim. Rep. 298; 32 Hun, 124.

20 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. Pen. Code, § 526.

5 C. H. Rec. 1, 179; 6 id. 63; 4 id. 42; 2 id. 57, 84.

99 66

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21 Advertising counterfeit money, etc. 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, or 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 one hundred dollars nor more than one thousand dollars for each offense. 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 tokens of value as provided in 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. Any letter, circular, writing, or paper, offering 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 token of value, may be obtained or had, or concerning any similar scheme or device to defraud the public, whether such article,

66

matter or thing is called "green articles," "queer coins," "paper goods," " queer," articles," "bills," "business that is not legitimate," " spurious treasury notes," "United States goods," "green paper goods," green paper goods," "green articles," "cigars," " green segars," or by any other name device or title of a similar character, shall be deemed presumptive proof of the fraudulent character of such scheme. Pen. Code, § 527, as am'd L. 1887, c. 687.

51 Hun, 624; 140 N. Y. 130; 71 Hun, 123; 79 id. 310; 53 N. Y. St. R. 869; 61 id. 46; 22 id. 659; 4 N. Y. Supp. 82, 298, 780; 24 id. 519; 29 id. 381.

OF BANK NOTES AND PLATES; see Banking Law, § 69.

OF OFFICIAL INDORSEMENT ON BALLOT; see Election Law, § 233.

OF LOTTERY TICKETS; see Lotteries, § 8.

MISDESCRIPTION OF INSTRUMENT IN INDICTMENT FOR; see Indictment, § 25.

EXHIBITION OF FORGED VOUCHERS, ETC., UPON EXAMINATION OF CORPORATION; see Corporation Law, 167.

OFFERING FORGED DOCUMENTS IN EVIDENCE; see Evidence, §§ 121, 123.

PROFESSIONAL FORGER; see Disorderly Persons.

See also Cheats; Counterfeiting; Felonies; Fraud

FORM AND SIMILITUDE.

DEFINED; see Forgery, §§ 5, 6.

FORMER CONVICTION OR ACQUITTAL.

See Acquittal; Conviction; Crimes, $$ 33, 46; Duels, etc., § 7; Indictment, §§ 49, 51, 57, 58 · Judgment, etc., §§ 93, 96, 97; Trials, §§ 311, 316.

FORMS.

OF AFFIDAVITS GENERALLY; see Affidavits; Mistakes, § 8.

OF AGENT AND WARDEN OF PRISON ON ACCOUNTING; see Prisons, § 47.

APPLYING FOR CONDITIONAL EXAMINATION OF WITNESS, ETC.; see Depositions, §§ 53, 70.

TO INVENTORY; see Search Warrants, § 16.

OF SURETIES TO UNDERTAKING; see Arrest, § 134; Sureties.

OF VERIFICATION OF PLEADING; see Pleadings, § 49.

OF ANNUAL STATEMENTS BY INSURANCE COMPANIES; see Insurance Law, §§ 45, 46
OF APPEALS; see Appeals.

OF ARRAIGNMENT; see Arraignment, § 9.

OF BALLOTS; see Election Law, §§ 81-84.

OF BIDS FOR PUBLIC PRINTING; see Legislative Law, § 72.

OF BOND IN GENERAL; see Bonds; Mistakes, §§ 9, 10.

OF BOND GIVEN BY LOAN COMMISSIONERS; see State Funds, § 117.

OF CERTIFICATE OF EXECUTION OF DEATH PENALTY; see Death Penalty, § 18.

OF INSANITY; see Insanity Law, §§ 61, 62.

OF JUDGMENT: see Trials, § 381.

OF MARRIAGE; see Domestic Relations Law, § 14.

OR ORDER DISCHARGING APPRENTICE FROM SERVICE; see Domestic Relations Law, SS 32e, 32g.

OF PUBLICATION AND APPROVAL OF DRAINAGE CONTRACT; see Drainage, § 65.

OF CHALLENGES; see Corporations, § 22; Trials, §§ 237, 254.

OF CHARGE TO GRAND JURY; see Grand Juries, § 50.

OF COMMITMENT; see Commitment, §§ 6, 27; Triais, § 370.

OF CORPORATION CERTIFICATES, ETC.; see Certificates, etc.; Corporations; and UNDER THE TITLES OF THE SEVERAL CORPORATIONS.

OF DEATH WARRANT; see Death Penalty, § 1.

OF DEEDS GIVEN BY LOAN COMMISSIONERS; see State Funds, §§ 156, 161.

OF DEPOSITIONS, ETC.; see Arrest, $$ 74, 75, 135; Commitment, § 17; Coroners, § 17; Depositions, §§ 32, 60; Search Warrants, § 19.

UNDER ELECTION LAW; see Election Law, §§ 32, 104, 108.

OF EXAMINATION OF PERSON CHARGED WITH CRIME; see Commitment, §§ 11-13.

OF EXECUTIONS; see Joint Debtors, § 3

OF INDICTMENT; see Indictment, §§ 10-26.

OF INDORSEMENT Discharging OR COMMITTING ACCUSED PERSON; see Commitment, §§ 2023, 25.

UPON INDICTMENT; see Indictment, § 3.

ON SUMMONS IN ACTION FOR PENALTY OR FORFEITURE; see Fines, etc., § 16.

ON SUMMONS IN MATRIMONIAL ACTIONS; see Divorce, § 33.

OF INQUISITIONS; see Coroners, § 16; Death Penalty, §§ 8, 11.

OF INTERROGATORIES; see Depositions, $$ 78, 79.

OF JUDGMENTS; see Court for Trial of Impeachments, § 21; Judgment, etc.

OF MARRIAGE CEREMONY; see Domestic Relations Law, §§ 12, 13.

OF MINUTES OF CHALLENGES BY INSPECTORS OF ELECTION; see Election Law, §§ 110-112; Town Law, § 30.

OF MORTGAGES TAKEN BY LOAN COMMISSIONERS; see State Funds, §§ 116, 118, 120, 155, 161, 180.

OF NOTICE OF INTENTION TO GIVE BAIL; see Arrest, § 133.

OF NOTICE OF SERVICE OF SUMMONS WITHOUT THE STATE, OR BY PUBLICATION; see Actions, SS 30, 31.

OF OATHS AND AFFIRMATIONS; see Banking Law, § 51; Consolidated School Law, § 96; Constitution, § 142; Court for Trial of Impeachments, § 8; Election Law, $$ 54, 104, 108; Evidence, §§ 19, 25; Grand Juries, SS 47-49; Justices' Courts, §§ 142, 144, 150; Oaths, etc.; State Funds, § 122; Tax Law, § 37; Trials, §§ 347, 349.

OF ORDER ALLOWING COMPROMISE OF CRIMINAL ACTION; see Compounding Crimes, § 4. OR CERTIFICATE GRANTING OR DENYING APPLICATION FOR ADMISSION TO BAIL; see Arrest, §§ 123, 124.

FOR COMMITMENT OF LUNATIC; see Insanity Law, § 176.

FOR CONDITIONAL EXAMINATION OF WITNESS, ETC.; see Depositions, §§ 56, 57, 74.
DISCHARGING DEFENDANT, ADMITTED TO BAIL; see Arrest, § 138.

FOR RECOMMITMENT; see Årrest, § 162.

See also Motions, etc.

OF PARTNERSHIP TITLE; see Partnership.

OF PASSAGE TICKETS, ETC.; see Railroad Law, §§ 202, 203.

OF PETITION AND AFFIDAYIT FOR DISCHARGE OF INSOLVENT DEBTOR FROM IMPRISONMENT; see Insolvency, $$ 55, 56.

OF PLEADINGS; see Court for Trial of Impeachments, §§ 15, 16; Indictment, §§ 8, 41, 51; Mistakes, § 11; Pleadings, §§ 41-53; Trials, § 336.

PRESCRIBED BY BOARD OF HEALTH; see Public Health Law, § 52.

OF RECEIPTS; see Search Warrants, § 14.

OF REGISTRATION, AFFIDAVIT, ETC., OF PHYSICIAN OR SURGEON; see Public Health Law, S$ 149, 150.

OF REMITTITUR OF APPELLATE COURT; see Appeals, § 103.

OF REPORT OR CERTIFICATE OF CONVICTIONS, ETC.; see Criminal Statistics, §§ 1, 3, 5–7; Disorderly Persons, § 10; Trials, §§ 357, 358; Vagrants, § 4.

OF SCHEDULE AND AFFIDAVIT BY PETITIONER IN INSOLVENCY; see Insolvency, §§ 14, 15, 42, 43.

OF SEARCH WARRANT; see Search Warrants, §§ 8, 12.

OF SUBPOENAS; see Evidence, §§ 136, 137; Trials, § 381.

OF SUMMONS; see Actions, §§ 10, 11.

OF SUMMONS UPON INFORMATION AGAINST CORPORATION; see Corporations, §§ 189, 194. UNDER TAX LAW; see Tax Law, §§ 37, 82, 175, 191, 201, 239.

OF UNDERTAKINGS; see Arrest, SS 25, 116, 130, 143, 147, 167; Bastardy, §§ 7, 12, 14, 21; Mistakes, §§ 9, 10; Trials, § 374; Undertakings.

OF VERDICTS; see Trials, §§ 309-314.

OF WARRANT OF ARREST; see Arrest, §§ 77, 78, 82, 89; Bastardy, $$ 6, 19; Bench Warrant, §§ 2-4; Coroners, § 20; Disorderly Persons, §§ 8, 11; Judgment, etc., § 103.

OF WARRANT OF ATTACHMENT; see Attachment, § 7.

OF WRIT OF CERTIORARI; see Habeas Corpus, § 17.

OF HABEAS CORPUS; see Habeas Corpus, § 16.

OR OTHER PROCESS; see Courts, §§ 22-24; County Courts, § 31; Court for Trial of Impeachments, § 10.

See also Amendments; Definitions; Mistakes; Reports.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 43; also see 1 R. S. 331, § 9. See Fisheries, etc., Law, § 281.

FORT COVINGTON, Town of.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 61, p. 45.

FORT EDWARD, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 43.

FOUNTAINS.

MECHANICS' LIENS FOR CONSTRUCTING, ETC.; see Mechanics' Liens, §§ 31-57.
FOUR FIFTHS.

WHEN REQUIRED: see Highway Law, § 1649.

FOWLER, Town of.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 46

ACTIONS AGAINST USURPER OF; see Actions, §§ 50-58.

OF CORPORATIONS; see Corporations; and UNDER THE TITLES OF THE SEVERAL CORPORATIONS. ELECTIVE; see Election Law.

FORFEITURE OF; see Fines, etc.

MORTGAGING; see Railroad Law, § 4.

SALE OF; see Railroad Law, § 93; Stock Corporation Law, §§ 3, 33, 58.
TAXATION OF; see Corporations, § 16a; Tax Law, §§ 180-203.

FRANKFORT, TOWN OF.

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

See Constitution, § 146.

FRANKING PRIVILEGE.

FRANKLIN COUNTY.

COUNTY JUDGE AND SURROGATE OF; see County Law, § 222.

ELECTION AND JUDICIAL DISTRICTS CONTAINING; see Congressional Districts, § 1; Consti

tution, § 29; Supreme Court, § 31.

EXCEPTED FROM PROVISIONS RELATING TO FLOATING TIMBER; see Timber, § 19.

INDIAN RESERVATION IN; see Indian Law, $$ 102-105.

STATE LANDS IN; see Fisheries, etc., Law, §§ 270, 277-279, 281, 290, 372, 373.

See also County Law.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 63, p. 30; and as to towns in, see id., c. 64, p. 45.

FRANKLIN, TOWN OF, IN DELAWARE COUNTY.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 37.

FRANKLIN, TOWN OF, IN FRANKLIN COUNTY.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 45.
See Fisheries, etc., Law, § 281.

FRANKLINVILLE, Town OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 67.
FRATERNAL BENEFICIARY ORGANIZATIONS.

Note. These corporations were formerly chartered under L. 1883, c. 175, and L. 1889, c. 520. (See Birdseye's R. S., 1st ed., pp. 1620, 1630, et seq.) Most of the former acts relating to these companies have been repealed. Such as are still in force will be found under Insurance Law, §§ 57a, 239a-239g, 318.

FRAUD.

1 Concealing foreign matter in merchandise. A person who, with intent to defraud, while putting up in a barrel, bag, bale, box, or other package, cotton, hops, hay, or any other article of merchandise whatever, usually sold by weight in such packages, places or conceals therein any other substance or thing whatever, in a case where special provision for the punishment thereof is not otherwise made by statute, is guilty of a misdemeanor. Pen. Code, § 406.

2 False rumors as to public funds, etc. A person, who, with intent to affect the market price of the public funds of this state or of the United States, or of any state or territory thereof, or of a foreign country or government, or of the stocks, bonds, or other evidences of debt of a corporation or association, or the market price of gold or silver coin or bullion, or any merchandise or commodity whatever,

1. Without lawful authority, falsely signs the name of an officer of a corporation, or of any other person to a letter, message, or other paper; or

2. Utters or circulates such a letter, message, or paper, knowing that the same has been so falsely signed; or