545. Value of evidence of debt, how ascertained.—If the thing stolen consists of a written instrument, being an evidence of debt, other than a public or corporate certificate, scrip, bond, or security having a market value, or being the transfer of or evidence of title to any property, or of the creating, releasing, or discharging, of any demand, right, or obligation, the amount of money due thereupon or secured to be paid thereby, and remaining unsatisfied, or which, in any contingency, might be collected thereupon or thereby, or the value of the property transferred or affected, or the title to which is shown thereby, or the sum which might be recovered for the want thereof, as the case may be, is deemed the value of the thing stolen. Value of bank notes. People v. Fallon, 6 Park. 256. Id., foreign. People v. Caryl, 12 Wend. 547; Johnson v. People, 4 Den. 364; Low v. People, 2 Park. 37. 546. Id.; passenger ticket. - If the thing stolen is a ticket, paper or other writing, entitling or purporting to entitle the holder or proprietor thereof to a passage upon a railway car, vessel, or other public conveyance, the price at which a ticket, entitling a person to a like passage, is usually sold, is deemed the value thereof. § 547. Id.; of other articles.-In every case not otherwise regulated by statute, the market value of the thing stolen is deemed its value. Johnson v. People, 4 Den. 364. Value. 1 N. Y. Cr. 466; People v. McCallam, 103 N. Y. 587. § 548. Claim of title, ground of defense. - Upon an indictment for larceny it is a sufficient defense that the property was appropriated openly and avowedly under a claim of title preferred in good faith, even though such claim is untenable. But this section shall not excuse the retention of the property of another, to offset or pay demands held against him. People v. Thomas, 3 Hill, 169; People v. Smith, 5 Park. 490; People v. Grimm, 3 N. Y. Cr. 317; Cansey v. State, 79 Ga. 564; 11 Am. St. Rep. 447; Meade v. State, 25 Neb. 444; Graves v. State, 25 Tex. App. 333. 549. Intent to restore property.-The fact that the defendant intended to restore the property stolen or embezzled, is no ground of defense, or of mitigation of punishment, if it has not been restored before complaint to a magistrate, charging the commission of the crime. 550. Knowingly receiving.-A person, who buys or receives any stolen property, or any property which has been wrongfully appropriated in such a manner as to constitute larceny according to this chapter, knowing the same to have been stolen or so dealt with, or who corruptly, for any money, property, reward, or promise or agreement for the same, conceals, withholds, or aids in concealing or withholding, any property, knowing the same to have been stolen, or appropriated wrongfully in such a manner as to constitute larceny under the provisions of this chapter, if such misappropriation had been committed within the state, whether such property were so stolen or misappropriated within or without the state, is guilty of criminally receiving such property, and is punishable, by imprisonment in a state prison for not more than five years, or in a county jail for not more than six months, or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment. Must be fraudulent intent. People v. Johnson, 1 Park. 564; Rice v. State, 3 Heisk. 215. Stipulating for percentage for return of stolen property, constitutes offense of receiving. People v. Wiley, 3 Hill, 194. See Wills v. People, 3 Park. 473; State v. Scovel, 1 Mills, 274; People v. Slaken, 40 Cal. 599; State v. Teideman, 4 Strobh. 300; State v. Bushing, 69 N. C 29. Possession not necessary. State v. St. Clair, 17 Iowa, 149; State v. Turn er, 19 id. 144; Miller v. People, 13 W. D. 260; id., 25 Hun, 473; People v. Dowling, 84 N. Y. 479; Copperman v. People, 56 id. 591; People v. Shulman, 80 id. 374; Coleman v. People, 55 id. 82; Goldstein v. People, 82 id. 231; People v. Stein, 1 Park. 202; Cohen v. People, 5 id. 330; People v. Brien, 53 Hun, 490; People v. Weldon, 111 N. Y. 574; 20 N. Y. State Rep'r, 114; Com. v. Sullivan, 136 Mass. 170; State v. Ward, 49 Conn. 429. § 551. Id.; averment and proof. It is not necessary to aver, in an indictment for an offense specified in the last section, nor to prove upon the trial thereof, that the principal who stole the property has been convicted, or is amenable to justice. Levy v. People, 19 Hun, 83; People v. Caswell, 21 Wend. 86: People v. Brien, 53 Hun, 497; 25 N. Y. State Rep'r, 239; 6 N. Y. Cr. 166. CHAPTER V. EXTORTION AND OPPRESSION. SEC. 552.Extortion" defined. 553. What threats may constitute extortion. 554. Punishment of extortion in certain cases. 555. Compulsion to execute instrument. 556, 557. Oppression and extortion committed under color of official right. 558. Blackmail. 559. Written threat. 560. Attempts to extort money, or property, by verbal threats. 552. "Extortion" defined. Extortion is the cbtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under color of official right. People v. Whaley, 6 Cow. 661; Williams v. State, 2 Sneed, 160; Com. v. Mitchell, 3 Bush, 25; Com. v. Bagley, 7 Pick. 246; Ming v. Truett, 1 Mont. 322; People v. Wilzig, 4 N. Y. Cr. 403; People v. Kostka, id. 429; People v. Cadman, 57 Cal. 562; People v. Barondess, 41 N. Y. State Rep'r, 659. 553. What threats may constituute extortion.-Fear, such as will constitute extortion, may be induced by a threat: 1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or to any member of his family; or 2. To accuse him, or any relative of his or any member of his family, of any crime; or 3. To expose, or impute to him, or any of them, any deformity or disgrace; or 4. To expose any secret affecting him or any of them. See § 254, supra. People v. Brennan, 30 Mich. 460; State v. Bruce, 26 Me 71; Brabham v. State, 18 Ohio (N. S.), 485; People v. Barondess, 41 N. Y. State Rep'r, 659. 554. Punishment of extortion in certain cases.- A person who extorts any money or other property from another, under circumstances not amounting to robbery, by means of force or a threat mentioned in the last two sections, is punishable by imprisonment not exceeding five years. People v. Barondess, 41 N. Y. State Rep'r, 659. 555. Compulsion to execute instrument.-The compelling or inducing of another, by such force or threat, to make, subscribe, seal, execute, alter, or destroy any valuable security, or instrument or writing, affecting or intended to affect any cause of action or defense or any property, is an extortion of property, within the last two sections. 556. Oppression and extortion committed under color of official right.-A public officer, or a person pretending to be such, who, unlawfully and maliciously, under pretense or color of official authority, 1. Arrests another, or detains him against his will; or 2. Seizes or levies upon another's property; or 3. Dispossesses another of any lands or tenements; or 4. Does any other act, whereby another person is injurea in his person, property, or rights; Commits oppression and is guilty of a misdemeanor. See 118, 119, 120, supra. 557. Same.--A public officer who asks, or receives, or agrees to receive, a fee or other compensation for his official service, either 1. In excess of the fee or compensation allowed to him by statute therefor; or 2. Where no fee or compensation is allowed to him by statute therefor; Commits extortion and is guilty of a misdemeanor. See §§ 48, 49, 50, supra. $558. Blackmail.-A person who, knowing the contents thereof, and with intent, by means thereof, to extort or gain any money or other property, or to do, abet, or procure any illegal or wrongful act, sends, delivers, or in any manner causes to be forwarded or received, or makes and parts with for the purpose that there may be sent or delivered, any letter or writing, threatening 1. To accuse any person of a crime; or 2. To do any injury to any person or to any property; or 3. To publish or connive at publishing any libel; or 4. To expose or impute to any person any deformity or disgrace; Is punishable by imprisonment for not more than five years. See $254, supra; People v. Griffin, 2 Barb. 427; People v. Thompson, 2 N. Y. Cr. 520; 97 N. Y. 313: People v. Wightman, 104 id. 598, aff'g 43 Hun, 358; Edsall v. Brooks, 17 Abb. 226; People v. Gillian, 50 Hun, 37. 559. Relative to the sending of threatening letters.-A person who knowing the contents thereof, sends, delivers, or in any manner causes to be sent or received any letter or other writing threatening to do any unlawful injury to the person or property of another, [or any person who shall knowingly send or deliver or shall make and for the purpose of being delivered or sent, shall part with the possession of any letter, postal card or writing with or without a name subscribed thereto or signed with a fictitious name or with any letter, mark or other designation, with intent thereby to cause annoyance to any person], is guilty of misdemeanor. [AMD. CH. 120 of 1891.] People v. Griffin, 2 Barb. 427; Skiff v. People, 2 Park. 139; Biggs v. People, 8 Barb. 547; People v. Cadman, 57 Cal. 562. 560. Attempts to extort, etc. by verbal threats.-A person who under circumstances not amounting to robbery, or an attempt at robbery, with intent to extort or gain any money or other property, verbally makes such a threat as would be criminal under either of the foregoing sections of this chapter, if made or communicated in writing, is guilty of a misdemeanor. § 561. Unlawful threat referring to act of third person. It is immaterial whether a threat, made as specified in this chapter, is of things to be done or omitted by the offender, or by any other person. CHAPTER VI. FALSE PERSONATION, AND CHEATS. SEC. 562. Falsely personating another. 563. Limitations as to indictment. 564. Receiving property in false character. 565. Personating officers, policemen, and other persons. 566. Obtaining signature by false pretenses. 567. Obtaining property for charitable purposes. 568. Obtaining negotiable evidence of debt by false pretenses. 570. Obtaining employment, etc. 571. Secreting personal property. 572. Pawning, etc., borrowed property. 573. Personating beneficiary of entrance ticket. 574. Mock auctions. § 562. Falsely personating another.-- A person who falsely personates another, and, in such assumed character, 1. Marries or pretends to marry, or to sustain the marriage relation towards another, with or without the connivance of the latter; or 2. Becomes bail or surety for a party in an action or special proceeding, civil or criminal, before a court or officer authorized to take such bail or surety; or 3. Confesses a judgment; or 4. Subscribes, verifies, publishes, acknowledges, or proves a written instrument, which by law may be recorded, with intent that the same may be delivered or used as true; or 5. Does any other act, in the course of any action or proceeding, whereby, if it were done by the person falsely personated, such person might in any event become liable to an action or special proceeding, civil or criminal, or to pay a sum of money, or to incur a charge, forfeiture, or penalty, or whereby any benefit might accrue to the offender, or to another person; Is punishable by imprisonment in a state prison for not more than ten years. 563. Id.; limitations as to indictments.- An indictment cannot be found, for the crime specified in subdivision first of the last section, except upon the complaint of the person injured, if there be any such person living, and within two years after the perpetration of the crime. § 564. Receiving property in false character. - A 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 who is not entitled thereto, is punishable in the same manner and to the same extent, as for larceny of the money or property so received. 565. Personating officers, etc.— A person who falsely personates a public officer, civil or military, or a policeman, or a private individual having special authority by law to perform an act affecting the rights or interests of another, or who assumes, without authority, any uniform or badge by which such an officer or person is lawfully distinguished, and in such assumed character does an act, purporting to be official, whereby another is injured or defrauded, is guilty of a misdemeanor. Curtin v. People, 26 Hun, 564, affirmed; People v. Stetson, 4 Barb. 151; McCord v. People, 46 N. Y. 470. 566. Obtaining signature by false pretenses.- A person, who, with intent to cheat or defraud another, designedly, by color or aid of a false token or writing, or other false pretense, obtains the signature of any person to a written instrument, is punishable by imprisonment in a state prison for not more than three years, or in a county jail for not more than one year, or by a fine of not more than three times the value of the money or property affected or obtained thereby, or by both such fine and imprisonment. See §§ 528, 529, 544, ante. Signature to deed, must be obtained with intent to cheat and defraud. Brown v. People, 16 Hun, 535. See Thearasson v. People, 20 Hun, 55; S. C., 82 N. Y. 238; Lesser v. People, 12 Hun, 670; Rex v. Jackson, 3 Camp. 370: Rex v. Parker, 3 C. & P. 825; People, ex rel. Phelps, v. Oyer, etc., 83 N. Y. 436; Watson v. People, 87 id. 561; 26 Hun, 80. § 566A. False pedigree of animals, etc.-Every person who by any false pretense shall obtain from any club, association, society or company for improving the breed of cattle, horses, sheep, swine or other domestic animals the registration of any animal in the herd register or other register of any such club, association, society or company or a transfer of any such registration, and every person who shall knowingly give a false pedigree of any animal, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. [ADDED CH. 153 of 1887.] § 567. Id.; for charitable purposes. A person, who willfully, 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 any money or property, for any alleged or pretended charitable or benevolent purpose, is punishable by imprisonment for not less than one |