§ 988. Counterfeiting ticket of common carrier Whoever: (1) counterfeits, forges or alters a ticket, check, order, coupon, receipt for fare, or pass, issued by a common carrier or by a lessee or manager thereof, designed to entitled the holder to ride in the cars, vehicles, vessels, or aircraft of the carrier; or (2) with intent to defraud the common carrier or a lessee thereof, or any other person, utters, publishes, or puts into circulation any such counterfeit or altered ticket, check, order, coupon, receipt for fare, or pass— shall be fined not more than $1,000 or imprisoned in jail or in the penitentiary not more than one year, or both. § 989. Restoring cancelled railroad ticket Whoever: (1) for the purpose of restoring to its original appearance and nominal value, in whole or in part, removes, conceals, fills up or obliterates the cuts, marks, punch holes or other evidence of cancellation, from a ticket, check, order, coupon, receipt for fare, or pass, issued by a common carrier or by a lessee or manager thereof, cancelled in whole or in part, with intent to dispose of it by gift, or to circulate it, or with intent to defraud the common carrier or lessee thereof, or any other person; or (2) with like intent to defraud, offers for sale or in payment of fare on the railroad or vessels, or in the vehicles or aircraft, of the carrier, such a ticket, check, order, coupon, or pass, knowing it to have been restored in whole or in part shall be fined not more than $1,000 or imprisoned in jail not more than 180 days, or both. § 990. Altering service center, commissary, retail store, sales store, post exchange, or restaurant check or coupon Whoever, with intent to defraud, alters a service center, commissary, retail store, sales store, post exchange, or restaurant check, ticket, coupon, or other evidence of a transaction with a service center, commissary, retail store, sales store, post exchange, or restaurant, shall be fined not more than $1,000 or imprisoned in jail not more than 180 days, or both. § 991. Issuing instruments to circulate as money Whoever makes, issues or puts in circulation a bill, check, ticket, certificate, promissory note, or the paper of a bank, to circulate as money, except as authorized by the laws of the United States or the Canal Zone, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 992. Procuring or offering forged instrument to be filed or re corded Whoever knowingly procures or offers a forged or false instrument to be filed. registered or recorded in a public office within the Canal Zone, which instrument if genuine might be filed, registered or recorded under the laws of the Canal Zone or the laws of the United States applicable to the Canal Zone, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. Sec. CHAPTER 55-FRAUD AND FALSE STATEMENTS 1021. Proof of intent to defraud. 1022. Removal, conveyance, or concealment of property in fraud of creditors or others. 1023. Participating in frauds on creditors. 1024. Obtaining money, labor, or property by false pretense; proof. 1025. Making, possessing, or uttering fictitious bill, note, or check. 1026. Drawing or uttering check, draft, or order without sufficient funds; presumption. 1027. Reselling sold property. 1028. False representation by married person when selling or mortgaging lands. 1029. False or fraudulent sale of property; mock auctions. 1030. Fraudulent devices to affect market price of property. 1031. Defrauding or prejudicing insurer of property. 1032. Fraud in affairs of partnership. 1033. False statements by commission merchants or factors. 1034. Defrauding hotels, guesthouses, lodginghouses, or restaurants. 1035. Misrepresentation of newspaper circulation. 1036. Failure to give proper tax or license receipts. 1037. Possession of improper blank licenses or tax receipts. 1038. Fraudulent production of infant with intent to intercept inheritance. 1039. Substitution of one child for another. § 1021. Proof of intent to defraud When, by a provision of this Code, an intent to defraud is required to constitute an offense, it is sufficient if an intent appears to defraud a person, as defined by section 61 of Title 1, or any body politic. § 1022. Removal, conveyance, or concealment of property in fraud of creditors or others Whoever: (1) fraudulently removes his property or effects beyond the jurisdiction of the courts, or fraudulently sells, conveys, assigns or conceals his property, with intent to defraud, hinder, or delay his creditors of their rights, claims, or demands; or (2) having an action pending against him or a judgment for the recovery of personal property rendered against him, fraudulently conceals, sells, or disposes of that property with intent to hinder, delay, or defraud the person bringing the action or recovering the judgment, or, with that intent, removes the property beyond the jurisdiction of the courts in which it may be at the time of the commencement of the action or the rendering of the judgment shall be fined not more than $5,000 or imprisoned in the penitentiary not more than one year, or both. § 1023. Participating in frauds on creditors Whoever: (1) is a party to a fraudulent conveyance of property, real or personal, or a right or interest issuing out of the property, or to a 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 (2) being a party as aforesaid, at any time knowingly and willfully puts in, uses, avows, maintains, justifies or defends the same or any of them as true and done, had or made in good faith or upon good consideration, or aliens, assigns or sells any of the property, real or personal, or other things before mentioned, conveyed to him or them as aforesaid, or any part thereof— shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1024. Obtaining money, labor, or property by false pretense; proof (a) Whoever: (1) knowingly and designedly by false or fraudulent representation or pretense defrauds another person of money, labor, or property; or (2) causes or procures others to report falsely of his wealth or mercantile character and by thus imposing upon another person obtains credit and thereby fraudulently obtains possession of money or property, or obtains the labor or service of anotheris punishable in the same manner and to the same extent as for larceny of the money or property so obtained. (b) Upon a trial for having, with an intent to cheat or defraud another designedly, by false pretense, obtained the signature of a person to a written instrument, or having obtained from a person money, labor, personal property or valuable thing, the defendant may not be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or a note or memorandum thereof, is in writing, subscribed by, or in the handwriting of the defendant or unless the pretense is proved by the testimony of two witnesses, or that of one witness and corroborating circumstances. This subsection does not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying or receiving money or property. 1025. Making, possessing, or uttering fictitious bill, note, or check Whoever, with intent to defraud, makes, passes, utters or publishes, or attempts to pass, utter or publish, or has in his possession, with like intent to utter, pass or publish, a fictitious bill, note or check, purporting to be the bill, note, check or other instrument in writing for the payment of money or property of a bank, corporation, copartnership or individual, when in fact there is no such bank, corporation, copartnership or individual in existence, knowing the bill, note, check or instrument in writing to be fictitious, shall be imprisoned in the penitentiary not more than 14 years. § 1026. Drawing or uttering check, draft, or order without sufficient funds; presumption (a) Whoever, for himself, or as agent or representative of another person, or as an officer of a corporation, willfully, with intent to defraud, makes, draws, utters, or delivers a check, draft, or order on a bank, banker, or depositary for the payment of money, knowing at the time he commits the act that he or his principal or the corporation of which he is an officer does not have sufficient funds in, or credit with, the bank, banker, or depositary to meet the check, draft, or order in full upon its presentation, shall be imprisoned in jail not more than 1 year or in the penitentiary not more than 14 years. (b) If the check, draft, or order referred to by subsection (a) of this section is protested on the ground of insufficiency of funds or credit, the notice of protest thereof is admissible as proof of presentation, nonpayment and protest, and is presumptive evidence of knowledge of insufficiency of funds or credit with the bank, banker, or depositary on which or whom the check, draft, or order is drawn. (c) As used in this section, "credit" means an arrangement or understanding with the bank, banker, or depositary for the payment of the check, draft, or order referred to by subsection (a) of this section. § 1027. Reselling sold property Whoever, after once selling, bartering, or disposing of any property, or an interest therein, or after executing a bond or agreement for the sale thereof, again willfully and with intent to defraud previous or subsequent purchasers (1) sells, barters, or disposes of the same property, or a part thereof or an interest therein; or (2) executes a bond or agreement to sell, barter, or dispose of the same property, or a part thereof or an interest therein to another person for a valuable consideration, shall be imprisoned in the penitentiary not more than 10 years. § 1028. False representation by married person when selling or mortgaging lands Whoever, being a married person, falsely represents himself or herself as competent to sell or mortgage real estate, to the validity of which sale or mortgage the assent or concurrence of his or her spouse is necessary, and under such representations willfully conveys or mortgages the real estate, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 1029. False or fraudulent sale of property; mock auctions Whoever obtains money or property from another, or obtains the signature of another to a written instrument, the false making of which would be forgery, by means of a false or fraudulent sale of property or pretended property, by auction, or by any of the practices known as mock auctions, shall be fined not more than $1,000 or imprisoned in the penitentiary not more than three years, or both. § 1030. Fraudulent devices to affect market price of property Whoever willfully makes or publishes a false statement, spreads a false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1031. Defrauding or prejudicing insurer of property Whoever willfully burns or in any other manner injures or destroys, or secretes, abandons, or in any manner disposes of, any property in his possession or in the possession of another person, which at the time is insured against loss or damage by fire, theft, or embezzlement, or other casualty, with intent to defraud or prejudice the insurer, shall be imprisoned in the penitentiary not more than 10 years. § 1032. Fraud in affairs of partnership Whoever, being a member of a partnership, commits a fraud upon the other members in the affairs of the partnership, shall be ìmprisoned in the penitentiary not more than one year. § 1033. False statements by commission merchants or factors Whoever, being a commission merchant, broker, agent, factor or consignee, willfully and corruptly makes to his principal or consignor a false statement concerning the price obtained for, or the quality or quantity of, property consigned or intrusted to him for sale, shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both. § 1034. Defrauding hotels, guesthouses, lodginghouses, or restaurants Whoever : (1) obtains food or accommodation at a hotel, inn, guesthouse, lodginghouse, boardinghouse, or restaurant without paying therefor, with intent to defraud the proprietor or manager thereof; (2) by the use of a false pretense, obtains credit at a hotel, inn, guesthouse, lodginghouse, boardinghouse, or restaurant; or (3) after obtaining credit at a hotel, inn, guesthouse, lodginghouse, boardinghouse, or restaurant, absconds or surreptitiously removes his baggage therefrom without paying for his food or accommodation shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1035. Misrepresentation of newspaper circulation Whoever, being the proprietor or publisher of a newspaper or periodical, willfully and knowingly misrepresents the circulation thereof for the purpose of securing advertising or other patronage, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1036. Failure to give proper tax or license receipts Whoever: (1) uses or gives any receipt, except that prescribed by law, as evidence of payment of any tax or license of any kind; (2) receives payment of such a tax or license without delivering the receipt prescribed by law; or (3) inserts the name of more than one licensee thereinshall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1037. Possession of improper blank licenses or tax receipts Whoever has in his possession, with intent to circulate or sell, blank licenses or tax receipts other than those furnished by the proper authority, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years. § 1038. Fraudulent production of infant with intent to intercept inheritance Whoever fraudulently produces an infant, falsely pretending it to have been born of a parent whose child would be entitled to inherit, with intent to intercept the inheritance, shall be imprisoned in the penitentiary not more than 10 years. § 1039. Substitution of one child for another Whoever, to whom an infant has been confided for nursing, education or any other purpose, with intent to deceive a parent or guardian of the child, substitutes or produces to the parent or guardian another child in place of the one so confided, shall be imprisoned in the penitentiary not more than seven years. Sec. CHAPTER 57-HABEAS CORPUS OFFENSES 1071. Failure to obey writ of habeas corpus. 1072. Imprisonment of person discharged upon writ. 1073. Eluding service of writ. § 1071. Failure to obey writ of habeas corpus Whoever, being an officer or other person to whom a writ of habeas corpus is directed, after service thereof, neglects or refuses to obey the command of the writ, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 1072. Imprisonment of person discharged upon writ Whoever, either solely or as a member of a court, knowingly and unlawfully recommits, imprisons or restrains of his liberty, for the same cause, a person who has been discharged upon a writ of habeas corpus, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. |