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. Dict., "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

pretenses

and by wealth, etc.

false reports of

532. (§§ 130, 131.) Every person who knowingly Obtaining and designedly, by false or fraudulent representation falso 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.

after having once sold it. People v. Cox, 45

533. The giving of a mortgage upon land by a party who has
already conveyed his title to another by deed, is not disposing of the
land within the meaning of the statute, which makes it a felony to
fraudulently sell land
Cal. 342.

Married
person

selling
lands under

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 1.2 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 fasely and fraudulently represents himself or herself as competent to 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

sentations.

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.

Code Cal.

new section 536 wilder 1950

CHAPTER IX.

FRAUDULENTLY FITTING OUT AND DESTROYING VESSELS.

SECTION 539. Captain or other officer willfully destroying vessel, etc.
540. Other persons willfully destroying vessel, etc.
541. Making false manifest, 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

Other

persons willfully destroying

imprisonment in the State Prison not less than three

years.

NOTE.-Injuring or destroying vessels upon the high seas is provided for by various Acts of Congress.-See the Acts collected, Brightly's Dig., pp. 209-211. The above section is, therefore, limited to acts committed within this State.

540. Every person, other than such as are embraced within the last section, who is guilty of any vessel, etc. act therein specified, is punishable by imprisonment in the State Prison for a term not exceeding ten years.

Making

false

etc.

541. Every person guilty of preparing, making, or manifest, subscribing any false or fraudulent manifest, invoice, bill of lading, ship's register, or protest, with intent to defraud another, is punishable by imprisonment in the State Prison not exceeding three years.

NOTE. This Chapter is similar to the New York Penal Code, p. 227.

Detaining wrecked property after salvage paid.

CHAPTER X.

FRAUDULENTLY KEEPING POSSESSION OF WRECKED PROP

ERTY.

SECTION 544. Detaining wrecked property after salvage paid.

545. Unlawfully taking or having possession of wrecked property.

544. Every person who keeps any wrecked property, or the proceeds thereof, after the salvage and expenses chargeable thereon have been agreed to or adjusted, and the amount thereof has been paid to him, is punishable by fine not exceeding one thousand dollars, or by imprisonment in the County Jail not exceeding one year, or both.

NOTE.-Stats. 1850, p. 173, Sec. 24. See Political Code Cal., "Wrecks and wrecked property," Secs. 2403-2418, and notes.