NOTE. The preceding sections of this Chapter are from the New York Penal Code, Secs. 613-619, and include our laws on the subject. of railroad making 525. Every officer, agent, or employé of a railroad Officers company who asks or receives a greater sum than is companies allowed by law for the carriage of passengers or charges. freight, is guilty of a misdemeanor. NOTE.-See Civil Code Cal., Sec. 489; id., Sec. 2174, rights and liabilities of common carriers; and Sec. 2168 and notes, who are common carriers. Common carriers of persons and regulations.-Id., Secs. 21802191; of property, id., Secs. 2194–2203, and notes. In recent cases in New York, New Jersey, and Pennsylvania the right of common carriers-railroads-to refuse to recognize all tickets sold as stop-over tickets is seriously questioned, if not denied. If this is the established rule, then a query arises whether it would not be gross extortion to exact pay a second time for a single trip, in cases where the trip is not pursued without interruption. This should be the rule, and it is not certain that it is not so already. over CHAPTER VIII. FALSE PERSONATION AND CHEATS. SECTION 528. Marrying under false personation. 529. Falsely personating another in other cases. 530. Receiving property in a false character. 531. Fraudulent conveyances. 532. Obtaining money by false pretenses and by false reports of wealth, etc. 533. Selling land twice. 534. Married person selling lands under false representa tions. 535. Mock auction. Marrying under false 528. (§ 90.) Every person who falsely personates another, and in such assumed character marries or pre- personation tends to marry, or to sustain the marriage relation towards another, with or without the connivance of such other, is guilty of a felony. Falsely personating another in other cases. Receiving property in a false character. NOTE.-Such marriage is voidable.-Sec. 58, Civil Code Cal. The word "personate" alone, in its ordinary definition, would probably include all that the prefix "falsely" imports. Still, it is used in the Penal Code N. Y., Sec. 620. Our statute was "falsely represent or personate." Here the prefix to "represent" was necessary. The expression of the text, however, being similarly used in different States, will enable the Courts to have less, if any, trouble in expounding it. Bouv., in his L. Diet., "Personate," says at common law personating another for the purpose of fraud was only a misdemeanor. The text, properly regarding a fraud in the solemn engagement of the marital relation as of a very grave character, affixes to it a correspondingly heavy punishment, greater even than the N. Y. Code. 529. ($ 90.) 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 thousand dollars. NOTE.-See note to preceding section. Here the punishment is like that of the N. Y. Code. 530. (§ 91.) 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. NOTE.-See note to Sec. 538. convey 531. (§ 129.) Every person who is a party to any Fraudulent fraudulent conveyance of any lands, tenements, or ances. 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, 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 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. NOTE." Actual fraud" defined.-Sec. 1572, and note, Civil Code Cal; see, also, "constructive," id., Sec. 1573. money by false pretenses and by wealth, etc. falso reports of 532. (§§ 130, 131.) Every person who knowingly Obtaining 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. 533. (§ 132.) Every person who, after once selling, bartering, or disposing of any tract of land or Selling land twice. Married town lot, or after executing any bond or agreement for the sale of any land or town lot, again willfully and with intent to defraud previous or subsequent purchasers, sells, barters, or disposes of the same tract of land or town lot, or any part thereof, or willfully and with intent to defraud previous or subsequent purchasers, executes any bond or agreement to sell, barter, or dispose of the same land or lot, or any part thereof, to any other person for a valuable consideration, is punishable by imprisonment in the State Prison not less than one nor more than ten years. NOTE. This section is founded on Section 132 of the Crimes and Punishment Act of 1850. The words "knowingly and fraudulently" are stricken out, and the phrase "willfully and with intent to defraud previous or subsequent purchasers" inserted in lieu thereof. Section 132 was evidently intended to embody the provisions of the statute of 27 Eliz., Chap. 4, which made it a criminal offense for any person to sell or convey land and the like with intent to defraud previous or subsequent purchasers, and proceeded upon the theory that either of the purchasers may be defrauded by the second sale. The substitution of the word "fraudulently" for the precise words of the English statute, which are here restored to the section, rendered Section 132 obscure, and made it uncertain as to whether the fraud necessary to constitute the offense must move against previous or subsequent purchasers, whilst, if directed against either, the case fell within the mischief the statute intended to guard against. This want of precision in Section 132 has already been the subject of judicial observation in this State (People vs. Garnett, 35 Cal., p. 470), and it has been held, Chief Justice Rhodes expressing no opinion, that the section must receive the same construction as the English statute cited; therefore, it was manifestly proper that the language of the latter statute should be restored. 534. Every married person who falsely and fraudselling ulently represents himself or herself as competent to person lands under sentations. false repre- sell or mortgage any real estate, to the validity of which sale or mortgage the assent or concurrence of his wife or her husband is necessary, and under such representations willfully conveys or mortgages the same, is guilty of felony. NOTE.-Founded on the Act of April 27th, 1863, to prevent the fraudulent sale or incumbrance of real estate by married women (Stats. 1863, p. 750, Sec. 1), here extended to include the husband, and to prevent fraud in the attempted disposition of the homestead. auction. 535. Every person who obtains any money or Mock property from another, or obtains the signature of another to any written instrument, the false making of which would be forgery, by means of any false or fraudulent sale of property or pretended property, by auction, or by any of the practices known as mock auctions, is punishable by imprisonment in the State Prison not exceeding three years, or in the County Jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment; and, in addition thereto, forfeits any license he may hold as auctioneer, and is forever disqualified from receiving a license to act as auctioneer within this State. NOTE.-See "Auctioneers," Sec. 3284, et seq., Pol. CHAPTER IX. FRAUDULENTLY FITTING OUT AND DESTROYING VESSELS. SECTION 539. Captain or other officer willfully destroying vessel, etc. Captain or other willfully destroying vessel, etc. 539. Every captain or other officer or person in command or charge of any vessel, who, within this officer State, willfully wrecks, sinks, or otherwise injures or destroys such vessel, or any cargo in such vessel, or willfully permits the same to be wrecked, sunk, or otherwise injured or destroyed, with intent to prejudice or defraud any other person, is punishable by |