3. Knowingly circulates any false statement, rumor, or intelligence;

Is punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than three years, or both. Pen. Code, § 435.

3 Selling under false label, etc. A person, who, with intent to defraud either, 1. Puts upon an article of merchandise, or upon a cask, bottle, stopper, vessel, case, cover, wrapper, package, band, ticket, label, or other thing, containing or covering such an article, or with which such an article is intended to be sold, or is sold, any false description or other indication of or respecting the kind, number, quantity, weight or measure of such article, or any part thereof; or the place or country where it was manufactured or produced or the quality or grade of any such article, if the quality or grade thereof is required by law to be marked, branded or otherwise indicated on or with such article; or

2. Sells or offers for sale an article, which to his knowledge is falsely described or indicated upon any such package, or vessel containing the same, or label thereupon, in any of the particulars specified; or

3. Sells or exposes for sale any goods in bulk to which no name or trademark shall be attached, and orally or otherwise represents that such goods are the manufacture or production of some other than the actual manufacturer or producer, in a case where the punishment for such offense is not specially provided for otherwise by statute; is guilty of a misdemeanor. Pen. Code, § 438, as am'd L. 1889, c. 46.

3 Sandf. 252; 37 N. Y. Super. 265; 101 N. Y. 469, 471; 49 id. 104.

3a Using false marks as to manufacture. A person who, with intent to defraud or to enable another to defraud any person, manufactures or knowingly sells or causes to be manufactured or sold, any article, marked, stamped or branded or encased or inclosed in any box, bottle or wrapper, having thereupon any engraving or printed label, stamp, imprint, mark or trade mark which article is not the manufacture, workmanship or production of the person named, indicated or denoted by such marking, stamping or branding, or by or upon such engraving, printed label, stamp, imprint, mark or trade mark, is guilty of a misdemeanor. Pen. Code, & 438a, added by L. 1893, c. 692.

3b Penalty for selling half wine not labeled. A person who sells, offers for sale or manufactures with intent to sell, any wine known as "half wine," which is not stamped, marked or labeled as required by law, is guilty of a misdemeanor. Pen. Code, § 438b, added L. 1893, c. 692.

4 Fraudulent appropriation of lost treasure. A person who fraudulently conceals or appropriates to his own use any lost treasure or any waived property belonging to this state by virtue of its sovereignty, is guilty of a misdemeanor. Pen. Code, § 482.

5 Pawning, etc.; borrowing* property. A person who without the consent of the owner thereof, sells, pledges, pawns, or otherwise disposes of any property which he has borrowed or hired from the owner, is guilty of a misdemeanor; but this section does not apply to a person leasing or lending property, for a time not exceeding that for which the same was leased or lent to himself. Pen. Code, § 572, as am'd L. 1892, c. 692, so as to include old § 573 of Pen. Code.

6 Personating beneficiary of entrance ticket. A person who with intent to wrongfully convert to his own use the benefits secured by any ticket, contract, or other paper or writing, appearing upon its face not negotiable, and which entitles, or purports to entitle the person whose name appears therein, to entrance upon the grounds or premises of a membership corporation, or being thereupon, to remain upon such grounds or premises, falsely personates or attempts to so personate any individual named in such ticket, contract or other paper or writing, as the grantee or beneficiary thereof, is guilty of a misdemeanor. Pen. Code, new § 573, added L. 1892, c. 692.

7 Fraudulent conveyances. A person who either,

* So in the original.

1. Becomes a party to a conveyance or assignment of real or personal property, or of an interest therein, with intent to defraud prior or subsequent purchasers, or to hinder, delay, or defraud creditors or other persons; or,

2. Being a party or privy to, or knowing of, such a conveyance or assignment so made, willfully puts the same in use as having been made in good faith; Is guilty of a misdemeanor. Pen. Code, § 586.

2 T. & C. 508; 46 How. Pr. 347; 14 N. Y. 569; 17 Barb. 316; 52 id. 272; 3 N. Y. Supp. 311, 603: 5 id. 414; 15 id. 489.

8 Fraudulent removal, etc., of property, disposal of books, etc. A person who with intent to defraud a creditor, or to prevent any of his property from being made liable for the payment of any of his debts, or levied upon by an execution or warrant of attachment, removes any of his property or secretes, assigns, conveys or otherwise disposes of the same; or with intent to defraud a creditor, removes, secretes, assigns, conveys or otherwise disposes of any of his books of account, accounts, vouchers or writings in any way relating to his business affairs, or destroys, obliterates, alters or erases any of such books of account, accounts, vouchers or writings, or any entry, memorandum or minute therein contained, is guilty of a misdemeanor. Pen. Code, § 587, as am'd L. 1893, c. 681.

19 Hun, 601; 2 T. & C. 508; 24 Barb. 105; 16 Wend. 545; 19 id. 480; 13 id. 399; 7 Civ. Pro. 360; 15 N. Y. Supp. 489.

9 Knowingly receiving such property. A person who receives any property from another knowing that the same is transferred or delivered to him in violation of, or with intent to violate, the last section, is guilty of a misdemeanor. Pen. Code, § 588.

10 Fraudulent concealment, etc., by insolvent debtor. A person who being an applicant, as an insolvent debtor, for a discharge from his debts, or for exoneration or discharge from imprisonment, or having made a general assignment of his property for the payment of his debts, willfully either,

1. Conceals any part of his estate or effects, or any book, account, or other writing relative thereto; or,

2. Omits to disclose, to the court before which his application is pending, any debt or demand which he has collected, or any transfer of property which he has made, since the presentation of his application; or,

3. Fraudulently presents, or authorizes to be presented in his behalf, such an application, in a case where it is not authorized by law; or,

4. Makes or presents to the court or officer in support of such an application, a petition, schedule, book, account, voucher, or other paper or document, knowing the same to contain a false statement; or,

5. Fraudulently makes and exhibits, or alters, obliterates, or destroys an account or voucher, relating to the condition of his affairs, or an entry or statement in such an account or voucher; or,

6. Commits any fraud upon a creditor, to induce him to petition for, or consent to such a discharge; or,

7. Conspires with, or induces another fraudulently to consent as creditor to a petition for such discharge or to practice any fraud in aid thereof;

Is guilty of a misdemeanor. Pen. Code, § 589.

8 Paige, 556; 16 Wend. 546; 12 id. 344.

11 Issuing fictitious bills of lading, receipts and vouchers. A person who: 1. Being the master, owner or agent of any vessel, or officer or agent of any railway, express or transportation company, or otherwise being or representing any carrier, who delivers any bill of lading, receipt or other voucher, by which it appears that merchandise of any kind has been shipped on board a vessel, or delivered to a railway, express or transportation company, or other carrier, unless the same has been so shipped or delivered and is at the time actually under the control of such carrier, or the master, owner or agent of such vessel, or of some officer or agent of such company, to be forwarded as expressed in such bill of lading, receipt or voucher; or,

2. Carrying on the business of a warehouseman, wharfinger or other depository of property, who issues any receipt, bill of lading or other voucher for merchandise of any kind which has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instrument is issued to a person as being the owner of such merchandise, or as security for any indebtedness; is guilty of a misdemeanor, punishable by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. Pen. Code, § 629, as am'd L. 1892, c. 692.

44 N. Y. St. R. 209; 21 Abb. N. C. 284; 16 N. Y. Supp. 107; 17 id. 376; 60 N. Y. Super. 301. 12 §§ 628 and 629. These two sections were consolidated as § 629, and a new § 628 was enacted, which will be found in Transportation Corporations Law, § 54a.

17 N. Y. Supp. 376.

13 Last two sections qualified. No person can be convicted of an offense under the last two sections, for the reason that the contents of any barrel, box, case, cask or other vessel or package mentioned in the bill of lading, receipt, or other voucher did not correspond with the description given in such instrument of the merchandise received, if such description corresponds substantially with the marks, labels or brands upon the outside of such vessel or package, unless it appears that the defendant knew that such marks, labels or brands were untrue. Pen. Code, § 630.

14 Duplicate receipts must be marked. A person mentioned in sections 628 and 629, who issues any second or duplicate receipt or voucher, of a kind specified in those sections, at a time while a former receipt or voucher for the merchandise specified in such second receipt is outstanding and uncanceled, without writing across the face of the same the word "duplicate," in a plain and legible manner, is punishable by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. Pen. Code, § 631.

15 Selling, etc., property received for transportation or storage. A person mentioned in sections 628 and 629, who sells or pledges any merchandise for which a bill of lading, receipt or voucher has been issued by him, without the consent in writing thereto of the person holding such bill, receipt or voucher, is punishable by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. Pen. Code, § 632.

16 Bill of lading, when to be cancelled. A person mentioned in section 629, who delivers to another any merchandise for which a bill of lading, receipt or voucher has been issued, unless such receipt or voucher bears upon its face the words "not negotiable," plainly written or stamped, or unless such receipt is surrendered to be canceled at the time of such delivery, or unless, in the case of a partial delivery, a memorandum thereof is indorsed upon such receipt or voucher, is punishable by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. Pen. Code, § 633.

142 N. Y. 169; 85 Hun, 160; 66 N. Y. St. R. 115; 32 N. Y. Supp. 604. 17 Property demanded by process of law. to any case where property is demanded by $634.

The last two sections do not apply virtue of legal process. Pen. Code,

18 Publishing false executive messages or proclamations. A person, who prints, publishes or circulates, as true, any message, order or proclamation purporting to be the message, order or proclamation of the executive of the United States or of this state, or of any other state of the United States now or hereafter admitted, or of any territory of the United States, knowing the same not to be genuine, is punishable, by imprisonment in a state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or by both. An indictment for this offense may be found in any county in which the message, address or proclamation is printed, published or circulated but not in more than one county of the state. Pen. Code, § 674.

IN ADMISSION OF ATTORNEY TO PRACTICE; see Attorneys, etc., §§ 2, 13.
ANSWER TO COMPLAINT CHARGING: See Pleadings, § 52.

ARREST FOR; see Arrest, §§ 2, 5; Justices' Courts, 35.

ATTACHMENT FOR; See Attachment, §§ 1, 2; Justices' Courts, § 45.

BY AUCTIONEER; see Domestic Commerce Law, §§ 54d, 54e.

AWARD VACATED FOR; see Arbitrations, § 10.

IN BETTING OR GAMING; see Betting, etc., § 16.

IN BOOK-KEEPING; see Corporations, § 177; Forgery; Public Officers Law, § 122.
IN CIVIL SERVICE EXAMINATIONS; see Civil Service, § 5.

CONSPIRACY TO COMMIT; see Conspiracy, § 1.

CONVICTION Of, a Bar to SERVICE ON SPECIAL JURY; see Jury, § 76.

ON CORPORATIONS BY DIRECTORS, ETC.; see Corporations, SS 166, 170, 175.

ON CREDITORS; see Court of Appeals, § 2; Creditors; Executions, § 19.

IN ELECTIONS; see Election Law, §§ 229, 251.

ON EMIGRANTS; see Railroad Law, § 204.

ON INN KEEPERS; see Inns, etc., § 17.

INSTRUMENTS IN EXECUTION of a Power, AFFECTED BY; see Real Property Law, § 161. ON INSURANCE COMPANIES; see Insurance Law, §§ 210, 323, 328, 329; Shipping, § 40, 41. IN JUDICIAL PROCEEDINGS; See Attorneys, etc., § 13-16, 28; Bribery, § 12; Conspiracy; Evidence, § 121, 126; Fines, etc., § 15; Injunction, § 19; Perjury, § 12.

LIMITATION OF ACTIONS BASED ON; see Limitations, § 21.

MARRIAGE ANNULLED ON GROUND OF; see Divorce, §§ 2, 9, 10.

BY MORTGAGOR OF CHATTELS; see Chattel Mortgages, § 11.

IN OBTAINING REGISTRATION AS DENTIST; see Public Health Law, § 161.

AS HORSESHOER; see Cities, § 38.

BY OWNER OF STALLION; see Horses, §§ 27, 28.

PRACTICED ON MEMBER OF LEGISLATURE; see Bribery, § 3.

IN PROCURING ORGANIZATION, ETC., OF CORPORATIONS; see Corporations, § 167.

BY PRODUCING PRETENDED HEIR, LEGATEE, ETC.; see Heirs, § 7.

IN PROSPECTUS OF CORPORATION; see Corporations, § 168.

BY OR AGAINST PUBLIC OFFICERS; see Canal Law, SS 200-203, 206; Corporations, § 167; Public Officers Law, §§ 105, 106, 119, 120, 126; Town Law, § 1506.

IN RELATION TO PUBLIC WORKS; see Canal Law, § 14.

BY SELLING ADULTERATED GOODS; see Adulteration; Domestic Commerce Law, § 24. SETTING ASIDE CANCELLATION OF SALE; see Tax Law, § 141.

IN SUBSCRIPTIONS FOR STOCK OF CORPORATIONS; see Corporations, § 165.

BY SUBSTITUTING ONE CHILD FOR ANOTHER; see Children, § 42.

WITNESS, WHEN OBLIGED TO ANSWER QUESTION CONVICTING HIM OF; see Evidence; Supplementary Proceedings, § 29.

FALSE CERTIFICATES; see Certificates, etc.

INFORMATION AS TO LIABILITY TO SERVE AS JUROR See Trials, §§ 139, 140, 179.
INFORMATION BY MASTER OF VESSEL; see Public Health Law, § 1316.

INVOICE, ETC.; see Shipping, § 42.

LIGHT OR SIGNAL; see Malicious Mischief, § 3.

NAME; see Limitations, § 40.

REPORTS OF JUDICIAL OR LEGISLATIVE PROCEEDINGS; see Contempt, § 29; Legislative Law, § 4.

REPORTS AND STATEMENTS BY CORPORATIONS AND PARTNERSHIPS; see Corporations, § 178; Partnership, § 8; Reports.

RETURN; see Mandamus, §§ 17, 22; Returns.

STATEMENT AS TO ASSETS; see Insurance Law, § 47.

STATEMENT AS TO TAXES; see Tax Law, § 283.

TRADE-MARKS; see Trade-marks.

WEIGHTS AND MEASURES; see Weights and Measures.

FRAUDULENT CONVERSION; see Embezzlement; Larceny, §§ 25, 26.

APPRAISAL, ASSESSMENT, ETC.; see Tax Law, § 232.

INSOLVENCY; see Corporations, SS 178, 180; Insolvency, § 38.

INTENT AS ELEMENT OF CRIME; see Penal Code, §§ 10 (subd. 5), 13. RECEIVING DEPOSITS IN INSOLVENT BANKS; see Corporations, §§ 176, 178.

See also Cheats; Counterfeiting; Crimes; False Personation; False Pretenses; Forgery; Fraudulent Assignments; Fraudulent Conveyances, etc.

1

FRAUDULENT ASSIGNMENTS.

Acts, transfers, etc., in fraud of rights of creditors, impeachment of; actions by creditors of deceased insolvent debtor. That any executor, administrator, receiver, assignee or trustee of an estate, or the property and effects of an insolvent estate, corporation, association, partnership or individual, may for the benefit of creditors or others interested in the estate or property so held in trust, disaffirm, treat as void, and resist all acts done, transfers, and agreements made, in fraud of the rights of any creditor, including themselves and others, interested in any estate. or property held by or of the right belonging to any such trustee or estate. And

any creditor of a deceased insolvent debtor, having a claim or demand against the estate of such deceased debtor exceeding in amount the sum of one hundred dollars, may, in like manner, for the benefit of himself and other creditors interested in the estate or property of such deceased debtor, disaffirm, treat as void, and resist all acts done, and conveyances, transfers and agreements made, in fraud of the right of any creditor or creditors, by such deceased debtor, and for that purpose may maintain any necessary action to set aside such acts, conveyances, transfers or agreements; and for the purpose of maintaining such action, it shall not be necessary for such creditor to have obtained a judgment upon his claim or demand, but such claim or demand, if disputed, may be proved and established upon the trial of such action. And the judgment may provide for the sale of the premises or property, when any conveyance or transfer of the same is set aside, and that the proceeds thereof be brought into court or paid into the proper surrogate's court to be administered according to law. L. 1858, c. 314, § 1, as am'd L. 1889, c. 487, and L. 1894, c. 740.

42 N. Y. 255; 72 id. 424; 18 Hun, 187; 24 id. 467; 26 id. 292, 353; 32 id. 267; 28 id. 413; 33 id. 557; 18 Abb. N. C. 334; s. c. 51 N. Y. Super. 144; 16 Abb. N. C. 47: 29 Hun, 146; 53 N. Y. Super. 532; 30 Hun, 227; 35 id. 128; 37 id. 628; 39 id. 284; 41 id. 163; 43 id. 164; 46 id. 628; 40 id. 516; 99 N. Y. 168; 103 id. 115, 302; 113 id. 526; 124 id. 241; 127 id. 53, 549; 128 id. 1; 130 id. 421; 131 id. 177; 145 id. 612; 60 Hun, 198, 259; 63 id. 1; 80 id. 55; 1 Misc. 364; 83 Hun, 160; 86 id. 491; 10 Misc. 683; 32 N. Y. St. R. 639; 35 id. 320; 37 id. 330, 854; 38 id. 225, 743; 40 d. 332; 42 id. 534, 871; 43 id. 253; 44 id. 329; 47 id. 434; 48 id. 715; 62 id. 483.

See Real Property Law, §§ 226-234:

2 Liability of persons receiving such property. That every person who shall, in fraud of the rights of creditors and others, have received, taken, or in any manner interfered with, the estate, property or effects of any deceased person, or insolvent corporation, association, partnership or individual, shall be liable in the proper action to the executors, administrators, receivers, or other trustees of such estate or property, for the same, or the value of any property or effects so received or taken, and for all damages caused by such acts to any such trust estate. Id., § 2.

51 N. Y. 554; 42 id. 255. 6 Lans. 31; 3 Daly, 26; 41 Hun, 163; 80 id. 55; 91 id. 48, 51; 10 Misc. 683.

§ 3 repealed by L. 1880, c. 245, § 1, ¶ 34.

See also Fraud; Fraudulent Conveyances, etc.; Judgment Creditor's Action; Real Property Law, § 232.

1

FRAUDULENT CONVEYANCES.

Relative to Goods, Chattels and Things in Action.

Assignments in trust for assignor. All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person. 2 R. S. 135, § 1. 10 Bosw. 419, 645; 4 Abb. App. Dec. 95; 66 N. Y. 374; 21 id. 23, 594; 6 id. 510; 4 id. 215; 15 id. 9; 16 id. 484; 96 id. 85; 99 id. 457; 84 id. 522; 19 Barb. 450; 17 id. 316; 12 id. 168; 6 Hill, 438: 4 Johns. 452; 19 How. Pr. 357; 25 id. 513; 13 id. 157; s. c. 3 Abb. Pr. 400; 1 E. D. Smith, 448; 16 Abb. N. C. 23, n., 46; 27 Hun, 200; 35 id. 128; 36 id. 167; 39 id. 35; 43 id. 174; 58 id. 71, 317; 33 N. Y. St. R. 860; 34 id. 806; 55 id. 764; 62 id. 367; 30 N. Y. Supp. 512; 11 id. 375, 376, 814.

2 Certain agreements to be in writing. In the following cases, every agreement shall be void unless such agreement or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith:

7 Lans. 268; 15 Barb. 250; 2 Rob. 344; 61 Hun, 105.

1. Every agreement that by its terms is not to be performed within one year from the making thereof.

1 T. & C. 3, 256; 13 Hun, 170; 22 id. 412; 6 id. 564; 7 id. 80; 15 id. 147; 9 id. 433; 71 N. Y. 205; 62 id. 560; 67 id. 538; 5 id. 468; 8 Daly, 368; 35 Barb. 575; 18 id. 69; 13 id. 493; 7 id. 194; 2 Barb. Ch. 221; 5 Hill, 200; 3 id. 130; 2 Den. 89; 1 id. 605; 15 Wend. 336; 13 id. 307; 10 id. 426; 7 Cow. 264; 10 Johns. 244; 8 How. Pr. 141; s. c. 2 E. D. Smith, 101;