3. To expose, or impute to him or them any deformity or disgrace; or,

4. To expose any secret affecting him or them..

Extortion by others than officers.-Obtaining the property of another by threats, consists in the threatening, whether the threats did or did not produce the desired effect-2 Dall. 384; 26 Me. 71. The offense is sufficiently defined by statute-63 Ind. 399. It is enough if the threatening to accuse of crime was willful and intentional-122 Mass. 19; 110 id. 40; 3 Cush. 558; whether the party be innocent or guilty of the crime imputed to him-7 Car. & P. 479. As, threatening to accuse one of seduction and demanding money to let him go is a present threat-108 Mass. 488; or extorting a note upon the representation that a female is with child by him-15 Hun, 347; or accusing a man of keeping a woman as his mistress-54 Ind. 400; S. C. 2 Am. Cr. R. 18. So, a false statement that a warrant had been issued is a threat-12 Allen, 449; and a threat to complain to a police officer is a threat to accuse of crime-108 Mass. 15. So sending a letter threatening that if he did not pay a certain amount he would bring a prosecution against him, and send him to the penitentiary--30 Mich. 460; but see dissenting opinion, id. The word "maliciously" refers simply to the doing of the unlawful act without excuse-122 Mass. 19.

520. Every person who extorts any money or other property from another, under circumstances not amounting to robbery, by means of force, or any threat, such as is mentioned in the preceding section, is punishable by imprisonment in the State prison not exceeding five years.

521. Every person who commits any extortion under color of official right, in cases for which a different punishment is not prescribed in this Code, is guilty of a misdemeanor.

See ante, § 518, and note.

522. Every person who, by any extortionate means, obtains from another his signature to any paper or instrument, whereby, if such signature were freely given, any property would be transferred, or any debt, demand, charge, or right of action created, is punishable in the same manner as if the actual delivery of such debt, demand, charge, or right of action, were obtained.

523. Every person who, with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to im

225

EXTORTION.

§§ 524-5 ply, any threat such as is specified in section five hundred and nineteen, is punishable in the same manner as if such money or property were actually obtained by means of such threat.

Extortion.-Extorting money by a false statement that prosecution had been entered against him-22 Pa. St. 253; but not if the offer is made to illegally compromise the offense-id.; 7 Car. & P. 191. A threat to falsely accuse, through hand-bills and newspapers, of keeping a woman as his mistress, with intent to extort money, is sufficient -54 Ind. 400; S. C. 2 Am. Cr. R. 18. Obtaining horses from an ignorant countryman by threats of a criminal prosecution for alleged horsestealing, and by threats against his life, is indictable-1 Bay, 282. A conspiracy to extort money is per se an offense at common law-6 Dowl. & R. 345; 4 Barn. & C. 329; S. C. 2 Lead. C. C. 34. See Desty's Crim. Law, § 84.

Threatening letters.-A letter in defendant's own name, sent to enforce payment of a debt, is not within the statute-2 Barb. 427; see I Leach, 445; 2 East P. C. 1116. Dropping a letter in a man's way is a sending-Russ. & R. 398. To put a letter in a place where it would be likely to be seen by the person to whom it is directed is an uttering5 Cox C. C. 226.

524. Every person who unsuccessfully attempts, by means of any verbal threat, such as is specified in section five hundred and nineteen, to extort money or other property from another, is guilty of a misdemeanor.

525. Every officer, agent, or employé of a railroad company, who asks or receives a greater sum than is allowed by law for the carriage of passengers or freight, is guilty of a misdemeanor.

See Civ. Code, §§ 489, 2174, 2168, 2180-2191, 2194-2203.

CHAPTER VIII.

FALSE PERSONATION AND CHEATS.

§ 528. Marrying under false personation.

§ 529. Falsely personating another in other cases.

§ 530. Receiving property in a false character.

§ 531. Fraudulent conveyances.

§ 534.

Obtaining money by false pretenses.

Selling land twice.

Married person selling lands under false representations. $535. Mock auction.

§ 536. Consignee, false statement by.

528. Every person who falsely personates another, and in such assumed character marries or pretends to marry, or to sustain the marriage relation towards another, with or without the connivance of such other, is guilty of a felony.

A mere promise of marriage is not sufficient-2 Moody C. C. 254. See Civil Code, § 58.

529. Every person who falsely personates another, and in such assumed character, either

1. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety; or,

2. Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, and used as true; or,

3. Does any other act whereby, if it were done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party personating, or to any other person;

--is punishable by imprisonment in the county jail not

exceeding two years, or by fine not exceeding five thou sand dollars.

False personation.-Assuming a fictitious name is a false pretense, if it influences the obtaining of money or goods-19 Pick. 179; so, of obtaining goods to be sent out of the State-105 Mass. 172; so, of assuming the name of another to whom money is due-19 Pick. 179; 2 Pars. Cas. 332; 6 Cox C. C. 515; 9 Ad. & E. 276; Russ. & R. C. C. 81; 7 Car. & P. 784.

530. Every 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, or to deprive the true owner thereof, is punishable in the same manner and to the same extent as for larceny of the money or property so received.

A false character.-A false representation of being agent of a party having ample means is within the statute-6 Cox C. C. 515; or falsely pretending to be a certain attorney-7 Car. & P. 191; or a certain cler gyman of standing-41 Miss. 570; 34 N. Y. 351; or a constable, and obtaining property by extortion-22 Pa. St. 253; 7 Car. & P. 191; contra, 4 Barb. 151; 46 N. Y. 470; 4 Hill, 9; or that he was an officer and had a warrant to arrest a person-49 Ind. 367; 59 id. 229; and thereby obtaining a promissory note-65 id. 317; or that he was a captain of a company, and obtained money on an assignment of his claim for bounty-6 Parker Cr. R. 31; see 9 Ad. & E. 271; 9 Cox C. C. 158; or falsely personating a physician, and thereby inducing the purchase of a valueless medicine-Car. & M. 537; or by falsely assuming the dress of a college student--2 Pars. Cas. 333. Where a married woman obtained general credit by pretending to be unmarried-Sayers, 229.

531. Every person who is a party to any fraudulent conveyance of any lands, tenements, or 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 a party as aforesaid, at any time wittingly and willingly puts in, uses, avoys, 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 lands, tenements, hereditaments, goods, chattels, or other things before mentioned, to him or them conveyed as aforesaid, or any part thereof, is guilty of a misdemeanor.

Fraudulent conveyances.-Selling, removing, or otherwise dispos ing of mortgaged property, with intent to defraud the lien-holder, is indictable-55 Ala. 120; 3 Tex. Ct. App. 502; but the sale must be without mortgagee's consent, and without notice to the buyer-105 Mass. 586. So, fraudulently mortgaging personal property to prevent its being taken on mesne process-36 N. H. 196.

532. Every person who knowingly and designedly, by false or fraudulent representation or pretenses, defrauds any other person of money or property, or who causes or procures others to report falsely of his wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets into possession of money or property, is punishable by imprisonment in the county jail not exceeding one year, and by fine not exceeding three times the value of the money or property so obtained.

Obtaining money by false pretenses.-The offense is committed by a carrier receiving the price of freight on the false representation of carriage of the goods-2 East P. C.672; or of their delivery-2 East, 30; or by a clerk, after his discharge, collecting a bill of his late employer-21 Pick. 509; or by a creditor on a new and valid consideration which is never given-5 Parker Cr. R. 490; or an employer obtaining money from an employé on a false pretense of hiring-22 N. Y. 413; I1 Cox C. C. 85; or inducing another to advance money on a joint business-114 Mass. 325; or where a postman falsely represented that money was due-10 Cox C. C. 369; or falsely representing a certain amount due, and retaining the balance in excess of the true amount due-64 Ind. 498; 9 Cox C. C. 222; 2 East P. C. 830; or a servant obtaining money from a store on the false representation that it was for his master-8 Phill. 613; 2 Russ. Cr. 613; or obtaining goods-12 John. 292; 14 id. 371; 1 Cold. 333; 12 Met. 446; or where a borrower induces the lender to deliver certain bank-bills by fraud and false pretenses-26 Ohio St. 15; S. C. 2 Am. Cr. R. 96; or where an agent obtained money after revocation of his agency-21 Pick. 515; or where an attorney obtained money, belonging to his client, by fraud and false pretenses, and retained a part for costs-41 Up. Can. Q. B. 545.

Obtaining goods by false pretenses.-Four things are necessary to constitute the offense: first, an intent to defraud; second, an act committed; third, a false pretense, and fourth, the fraud must be committed by the false pretense-19 Pick. 179. The fraud must be such as might deceive one of ordinary intelligence-11 Ind. 154; 33 id. 484; 50 id. 473; 58 id. 98; 66 id. 205; 4 Hill, 9; or a person of ordinary prudence and caution-50 Ind. 473; S. C. 1 Am. Cr. R. 218; see 14 Wend. 546; 11 id. 557; so, a naked pretense, which ordinary care would avoid, is not sufficient3 Met. (Ky.)223; as where the pretenses were absurd or irrational-46 Me. 150; 3 Met. (Ky.) 223; 6 Baxt. (Tenn.) 222; 5 Clarke, (Pa.) 89; 7 Eng. 65; 2 Pa. L. J. 242; but see 22 Pa. St. 256. The perpetration of a fraud injurious to the person or estate of another, against which common prudence cannot guard, is cheating-3 Cranch C. C. 441; 1 Me. 387; 7 Johns. 201; 11 id. 371; 1 Bay, 282; 4 Hawks. 348; 1 Mass. 137; 2 id. 139; 6 id. 72; 108 id. 309; 9 Cowen, 588; 9 Wend. 187; 1 Yerg. 76; 1 Rich. 244; 2 Va. Cas. 65; 11 Lów. Can. J. 94; 2 Strange, 947.

The intent.-There must have been an intent to defraud-19 Pick.. 179; 47 N. Y. 104; 30 Ala. 9; 28 Gratt. 912; 17 Hun, 535; 7 Allen, 548; and