ARTICLE XXXIV. FRAUDULENT ADVERTISING. 1292. Statement in Newspapers. 1293. Fraudulent Advertising. 1294 Securing Credit. 1292. Statement in Newspapers-Any editor or proprietor of any newspaper who wilfully publishes in such newspaper as true any statement which he has not good reason to believe to be true, with intent to increase thereby the sales of copies of such paper, is guilty of a misdemeanor. (2542 R. L. 1910.) 1293. Fraudulent Advertising-That any person, firm, or corporation who, with intent to sell or in anywise dispose of merchandise, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates or places before the public, or causes directly or indirectly to be made, published, disseminated, circulated or placed before the public in this State, in a news、 paper or publication, or in form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than $10.00 nor more than $50.00, or by imprisonment in the county jail not exceeding twenty (20) days, or both such fine and imprisonment. (S. L. 1919, 91.) 1294. Securing Credit Fraudulently-Penalty-Any person who shall: First: Knowingly make or cause to be made, either directly or indirectly, or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, respecting the financial condition, or means or ability to pay, of himself, or any other person, firm or corporation, in whom he is interested, or for whom he is acting, for the purpose of procuring in any form whatsoever either the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the discount of an account receivable, or the making, acceptance, discount, sale or indorsement of a bill of exchange or promissory note, for the benefit of either himself or of such person, firm or corporation; or, Second: Who, knowing that a false statement in writing has been made, respecting the financial condition or means or ability to pay, of himself, or such person, firm or corporation in which he is interested, or for whom he is acting, procures, upon the faith thereof, for the benefit either of himself, or of such person, firm or corporation, either or any of the things of benefit mentioned in subdivision one of this section; or, Third: Who, knowing that a statement in writing has been made, respecting the financial condition or means or ability to pay for himself, or such person, firm or corporation, in which he is interested, or for whom he is acting, represents on a later date in writing that such statement theretofore made, if then again made on said day, would be then true, when in fact, said statement if then made would be false, and procures upon the faith thereof, for the benefit either of himself or of such person, firm or corporation, either or any of the things of benefit mentioned in subdivision one of this section, shall be deemed guilty of a misdemeanor and punished by imprisonment for not more than six months or by a fine of not more than five hundred dollars, or both such fine and imprisonment. (S. L. 1915, 366.) 1295. Frauds Affecting Market Price Any person who wilfully makes or publishes any false statement, spreads any false rumors, or employs any other false and fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a misdemeanor. (2541 R. L. 1910.) 1296. Bill of Lading-Any person being the master, owner or agent of any vessel or officer or agent of any railroad, express or transportation company, or otherwise being or representing any carrier who delivers any bill of lading, receipt or other voucher, or by which it appears that any merchandise of any description has been shipped on board of any vessel, or delivered to any railroad, express or transportation company or other carrier, unless the same has been so shipped or delivered, and is at the time actually under the control of such carrier, or the master, owner or agent of such vessel, or some officer or agent of such company, to be forwarded as expressed in such bill of lading, receipt or voucher, is punishable by imprisonment in the penitentiary not exceeding five years, or by a fine not exceeding one thousand dollars, or both. (2710 R. L. 1910.) 1297. Fraudulent Warehouse Receipts-Any person carrying on the business of a warehouseman, wharfinger or other depositary of property, who issues any receipt, bill of lading or other voucher for any merchandise of any description which has not been actually received upon the premises of such person and is not under his actual control at the time of issuing such instrument, whether such instrument is issued to a person as being the owner of such merchandise, or as security for any indebtedness, is punishable by imprisonment in the penitentiary not exceeding five years, or by a fine not exceeding one thousand dollars, or both. (2711 R. L. 1910.) 1298. Same-Exception-No person can be convicted of any offense under the last two sections by reason that the contents of any barrel, box, case, cask or other vessel or package mentioned in the bill of lading, receipt or other voucher, did not correspond with the description given in such instrument of the merchandise received, if such description corresponded substantially with the marks, labels, or brands upon the out side of such vessel or package, unless it appears that the accused knew that such marks, labels or brands were untrue. (2712 R. L. 1910.) 1299. Duplicate Receipts or Vouchers-Any person mentioned in the first two sections of this article who issued any second or duplicate receipt or voucher of a kind specified in those two sections at a time while any former receipt or voucher for the merchandise specified in the second receipt is outstanding and uncanceled, without writing across the face. of the same the word "Duplicate" in a plain and legible manner, is punishable by imprisonment in the penitentiary not exceeding five years, or by a fine not exceeding one thousand dollars, or both. (2713 R. L. 1910.) 1300. Selling Goods Without Consent of Holder of Bills of Lading-Any person mentioned in the first two sections of this article, who sells, hypothecates or pledges any merchandise for which any bill of lading, receipt or voucher has been issued by him without the consent in writing thereto of the person holding such bill, receipt or voucher, is punishable by imprisonment in the penitentiary not exceeding five years, or by a fine not exceeding one thousand dollars, or both. (2714 R. L. 1910.) 1301. Unlawful Delivery of Goods-Any person such as mentioned in the second section of this article, who delivers to another any merchandise for which any bill of lading, receipt or voucher has been issued, unless such receipt or voucher bore upon its face the words "Not Negotiable," plainly written or stamped, or unless such receipt is surrendered to be canceled at the time of delivery, or unless, in the case of partial delivery, a memorandum thereof is endorsed upon such receipt or voucher, is punishable by imprisonment in the penitentiary not exceeding five years, or by a fine not exceeding one thousand dollars, or both. (2715 R. L. 1910.) 1302. When Law Does Not Apply-The last two sections do not apply where property is demanded by virtue of process of law. (2716 R. L. 1910.) 1303. Conveyance-Any person who, being a party to any conveyance or assignment of any real or personal property, or of any interest therein, made or created with intent to defraud prior or subsequent purchasers, or to hinder, delay or defraud creditors or other persons, and every person being privy to or knowing of such conveyance, assignment or charge, who wilfully puts the same in use as having been made in good faith, is guilty of a misdemeanor. (2717 R. L. 1910.) 1304. Removal of Property-Any person who removes any of his property out of any county, with intent to prevent the same from being levied upon by any execution or attachment, or who secretes, assigns, conveys or otherwise disposes of any of his property with intent to defraud any creditor, or to prevent such property being made liable for the payment of his debts, and every person who receives any such property with such intent, is guilty of a misdemeanor. (2718 R. L. 1910.) 1305. Assignment to Creditor-Any person who, knowing that his property is insufficient for the payment of all his lawful debts, assigns, transfers or delivers any property for the benefit of any creditor, or creditors, upon any trusts or condition, that any creditor shall receive a preference or priority over any other, except in the cases in which such preference is expressly allowed to be given by law, or with intent to create such preference or priority, is guilty of a misdemeanor. (2719 R. L. 1910.) 1306. Frauds in Bankruptcy-Any person who, upon making or prosecuting any application for a discharge as an insolvent debtor, under the provision of any law now in force, or that may hereafter be enacted, either: First: Fraudulently presents, or authorizes to be presented on his behalf such application, in a case in which it is not authorized by law; or, Second: Makes, or presents to any court or officer, in sup |