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Judgments.

delay; and when said fine shall be collected, the officer or person collecting the same shall be required to pay it over without delay to the treasurer of the proper county, taking his receipt therefor, which receipt shall be filed with the clerk of the county commissioner's court, after which the said fine or fines which may thus be deposited, shall be subject to the control of said court, and appropriated to the support of the common schools in the county where such conviction is had.

Fraudulent converance.

TITLE X.

windlers.

Offenses Committed by Cheats, Swindlers and other Persons. Cheats and SEC. 137. Every person who shall be a party to any fraudulent conveyance of any lands, tenements, hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment or execution, contract or conveyance had, made or contrived with intent to deceive and defraud others, or to defeat, hinder or delay creditors or others of their just debts, damages or demands, or who, being parties as aforesaid, at any time, shall wittingly and willingly put in use, avow, maintain, justify or defend the same, or any of them as true, and done, had or ma le in good faith, or upon good consideration, or shall sell, alien or assign any of the lands, tenements, hereditaments, goods, chattels or other things before mentioned to him, her or them, conveyed as aforesaid, or any part thereof; he, she or they so offending, shall, on conviction, be fined not exceeding one thousand dollars.

False representation.

SEC. 136. The judgments rendered under the five preceding sections shall be subject to appeals as in cases of assault and battery and affrays, and shall be collected in the

same manner.

SEC. 138. If any person, by false representations, in writing, of his own responsibility, wealth or mercantile correspondence and connection, shall obtain a credit thereby, defraud any person or persons of money, goods, chattels or any valuable thing, or if any person shall cause or procure

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under false pre

others to report falsely of his honesty, wealth or mercantile character, and by thus imposing on any person or persons, obtain credit, and thereby fraudulently get into possession of goods, wares, merchandise or any valuable thing, every such offender shall be deemed a swindler, and on conviction, shall be sentenced to return the property so fraudulently obtained, if it can be done, and shall be fined not exceeding one thousand dollars, and imprisoned in the county jail not exceeding six months.

SEC. 139. If any person or persons shall knowingly Obtaining goods and designedly, by any false pretense or pretenses, obtain tenses. from any other person or persons, any chose in action, Ioney, goods, wares, chattels, effects, or other valuable thing whatever, with intent to chcat or defraud any such person or persons of the same; every person so offending shall be deemed a cheat, and upon conviction, shall be fined in any sum not exceeding one thousand dollars, and imprisoned in the penitentiary not exceeding one year, and shall be 8 entenced to restore the property, so fraudulently obtained if it can be done. This section shall not apply to sales of i ryperty on a credit. SEC. 140. If any person shall knowingly havc, keep,

Weights. or use any false or fraudulent scales, or weights, for weighing gold, or gold dust, or any other article or commodity; every such person so offending, shall on conviction, be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months.

Sec. 141. The owner, manager, or agent of any species of quartz mill, arastra mill, furnace or cupel, employed in extracting gold from quartz, pyrites or other minerals, who shall neglect or refuse to account for, or pay over and deliver all the proceeds thereof to the owner of such quartz, pyrites, or other minerals, excepting such portion of said proceeds as he is entitled to in return for his services, shall, on conviction, be fined in a sum not exceeding one thousand dollars, or be imprisoned in the penitentiary not exceeding one year. Sec. 142. Any person or persons, who after once selling, agreementum

Frindole

Quartz milla.

Fraudulep

False weights and measures.

Bona fide rereipts.

You hers.

bartering or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agreement for the sale of any lands, or town lot or lots, shall again, knowingly and fraudulently sell, barter or dispose of the same tract or tracts of land, or town lot or lots, or any parts thereof, or shall, knowingly and fraudulently execute any bond or agreement to sell or barter, or dispose of the same land, or lot or lots, or any part thereof, to any person or persons, for a valuable consideration; every such offender, upon conviction thereof, shall be punished by confinement in the penitentiary for a term not less than one year nor more than ten years.

SEC. 143. If any person shall knowingly sell by false weights or measures, or shall knowingly use false measures at any mill, in taking toll for grinding corn, wheat, rye or other grain, he shall be deemed a common cheat, and on conviction, shall be fined not less than two hundred dollars, and be imprisoned in the county jail not exceeding three months.

SEC. 144. That no warehouseman, wharfinger or other person, shall issue any receipt, or other voucher for any goods, wares, merchandise, grain or other produce or commodity, to any person or persons purporting to be the owner or owners thereof, unless such goods, wares, merchandise or other produce or commodity, shall have been bona fide, received, into store by such warehouseman or wharfinger, or other person, and shall be in store and under his control at the time of issuing such receipt.

SEC. 145. That no warehouseman, wharfinger, or other person, shall issue any receipt or other voucher upon any goods, wares, merchandise, grain or other produce, or commodity, to any person or persons, as security for any money loaned, or other indebtedness, unless such goods, wares, merchandise, grain or other produce or commodity, shall be at the time of issuing such receipt, the property of such warehouseman or wharfinger, or other person, and shall

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Written assest.

Cheat

be in store and under his control at the time of issuing such receipt or other voucher as aforesaid.

Sec. 146. That no warehouseman, wharfinger or other Second receipu. person, shall issue any second receipt for any goods, wares merchandise, grain or other produce or commodity, while any former receipt for any such goods or chattels as aforesaid, or any part thercof, shall be outstanding and uncancelled.

SEC. 147. That no warehouseman, wharfinger or other person shall sell or encumber, ship, transfer, or in any manner remove beyond his immediate control, any goods, wares, merchandise, grain or other produce or commodity, for which a receipt shall have been given as aforesaid, without the written assent of the person or persons holding such receipt.

Sec. 148. Any warchouseman, wharfinger or other person, who shall violate any of the foregoing provisions, relating to warchousemen, shall be deemed a cheat, and be subject to indictment, and upon conviction, shall be fined in any sum not exceeding one thousand dollars, and imprisoned in the penitentiary of this territory not exceeding five years ; and all and every person aggrieved may have and maintain an action on the case against the person or persons violating any of the foregoing provisions relating to warehousemen, to recover all damages, immediate or consequential, which he or they may have sustained by reason of such violation as aforesaid, before any court of competent jurisdiction, whether such person shall have been convicted as a cheat under the foregoing sections or not.

Sec. 149. Every president, cashier, treasurer, secretary Frandulent or other officer, and agent of any bank, railroal, manufacturing or other corporations, who shall willfully and designedly sign, with intent to issue, sell, pledge or cause to be issued, sold or pledged, any false, . fraudulent or simulated certificate, or other evidence of the ownership or transfer of any share or shares of the capital stock of such corporation, or any instrument purporting to be a certificate, or other evidence of such ownership or transfer, for the signing, issuing,

certificates.

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tificates of stock, &c.

selling or pledging of which such president, cashier, treasurer or other officer or 'agent, shall not be authorized by the charter and by-laws of such corporation, or by some amendment thereof, shall be adjudged guilty of felony; and any such person or persons shall be liable to indictment, and on conviction, shall be punished by fine not exceeding two thousand dollars, and by imprisonment in the penitentiary

not more than ten years, as the jury shall determine. Fraudulent cor. Sec. 150. Every president, cashier, treasurer, secretary

or other officer, and every agent, attorney, servant or einploye of any bank, railroad, manufacturing or other corporation, and, every other person who shall knowingly and designedly, or with intent to defraud any person or persons, bank, rail road, manufacturing or other corporation, issue, sell, transfer, assign or pledge, or cause or procure to be issued, sold, transferred, assigned or pleilged, any false, fraudulent, or simulated certificate, or other evidence of ownership, or of any share or shares, of the capital stock of any bank, rail road, manufacturing, or other corporation ; every such person so issuing, selling, transferring, assigning, or pledging or causing the to be done, shall be adjudged guilty of felony, and shall be liable to indictment, and on conviction, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment in the penitentiary not more than ten years as the jury may determine.

[Sec. 150. If any person keeping a public ranche or stable, shall use or allow to be used, without the consent of the owner, any horse, ox, mule, or ass, that shall be left with him to be ranched, or fed, he shall forfeit to the owner, all ranche or stable fees that may be due upon such animal used, and the additional sum of five dollars, for cach day such animal may have been used; to be collected in the same manner as other debts.]

TITLE XI.

same

Public rancho.

Fraudulent and Malicious Mischief. Sec. 151. If any person shall willfully and maliciously cut down, break down, level, demolish, or otherwise destroy

Malicious inis. chief

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