Page:Revised Codes of the State of North Dakota 1895.pdf/1351

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False Personations and Cheats.
PENAL CODE.
§§ 7488-7193

any act affecting the rights or interests of another, or assumes, without authority, any uniform or badge by which such are usually distinguished, and in such assumed character does any act whereby another person is injured, defrauded, vexed or annoyed, is guilty of a misdemeanor.

§ 7488. Unlawfully wearing grand army badge. Every person who is found wearing the badge of the Grand Army of the Republic, and who is not entitled so to do by being a member thereof, is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not less than ten and not exceeding twenty-five dollars for each and every offense. One-fourth of any fine imposed under the provisions of this section, when collected, shall be paid to the complainant. Justices of the peace shall have jurisdiction to try and determine complaints hereunder, subject to the right of the defendant to appeal to the district court.

§ 9489. Obtaining signature or property by false pretenses. Every person who, with intent to cheat or defraud another, designedly, by color or aid of any false token or writing or other false pretense, obtains the signature of any person to any written instrument, or obtains from any person any money or property, is punishable by imprisonment in the penitentiary not less than one and not exceeding three years or in a county jail not exceeding one year, or by a fine not exceeding three times the value of the money or property so obtained, or by both such fine and imprisonment.

§ 7490. For charitable purposes. Every person who designedly by color or aid of any false token or writing or other false pretense, obtains the signature of any person to any written instrument, or obtains from any person any money or property for any alleged charitable or benevolent purpose whatever, is punishable by imprisonment in the penitentiary not less than one and not exceeding three years or in a county jail not exceeding one year, or by a fine not exceeding the value of the money or property so obtained, or by both such fine and imprisonment.

§ 7491. Punishment for certain false pretenses. If the false token by which any money or property is obtained, in violation of sections 7189 and 74:90, is a promissory note or other negotiable evidence of debt purporting to be issued by or under the authority of any banking company or corporation not in existence, the person guilty of such cheat is punishable by imprisonment in the penitentiary not less than one and not exceeding seven years, instead of by the punishments prescribed by those sections.

§ 7492. When check is false token. The use of a matured check or other order for the payment of money, as a means of obtaining any signature, money or property, such as is specified in the last two sections, hy a person who knows that a drawer thereof is not entitled to draw for the sum specified therein, upon the drawee, is the use of a false token within the meaning of those sections, although no representation is made in respect thereto.

§ 9493. Mock auctions. Every person who obtains any money or 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 penitentiary not less than one and not exceeding three years or in a county jail not exceeding one 1317