Page:United States Statutes at Large Volume 76A.djvu/541

–445– -445§ 1024. Obtaining money, labor, or property by false pretense; proof (a) Whoever: (1) knowingly and designedly by false or fraudulent representation or pretense defrauds another person of money, labor, or property; or (2) causes or procures others to report falsely of his wealth or mercantile character and by thus imposing upon another person obtains credit and thereby fraudulently obtains possession of money or property, or obtains the labor or service of another— is punishable in the same manner and to the same extent as for larceny of the money or property so obtained. (b) Upon a trial for having, with an intent to cheat or defraud another designedly, by false pretense, obtained the signature of a person to a written instrument, or having obtained from a person money, labor, personal property or valuable thing, the defendant may not be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or a note or memorandum thereof, is in writing, subscribed by, or in the handwriting of the defendant or unless the pretense is proved by the testimony of two witnesses, or that of one witness and corroborating circumstances. This subsection does not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying or receiving money or property. § 1025. Making, possessing, or uttering fictitious bill, note, or check Whoever, with intent to defraud, makes, passes, utters or publishes, or attempts to pass, utter or publish, or has in his possession, with like intent to utter, pass or publish, a fictitious bill, note or check, purporting to be the bill, note, check or other instrument in writing for the payment of money or property of a bank, corporation, copartnership or individual, when in fact there is no such bank, corporation, copartnership or individual in existence, knowing the bill, note, check or instrument in writing to be fictitious, shall be imprisoned in the penitentiary not more than 14 years. § 1026. Drawing or uttering check, draft, or order without sufficient funds; presumption (a) Whoever, for himself, or as agent or representative of another person, or as an officer of a corporation, willfully, with intent to deiraud, makes, draws, utters, or delivers a check, draft, or order on a bank, banker, or depositary for the payment of money, knowing at the time he commits the act that he or his principal or the corporation of which he is an officer does not have sufficient funds in, or credit with, the bank, banker, or depositary to meet the check, draft, or order in full upon its presentation, shall be imprisoned in jail not more than 1 year or in the penitentiary not more than 14 years. ^ (b) If the check, draft, or order referred to by subsection (a) of this section is protested on the ground of insufficiency of funds or credit, the notice of protest thereof is admissible as proof of presentation, nonpayment and protest, and is presumptive evidence of knowledge of insufficiency of funds or credit with the bank, banker, or depositary on which or whom the check, draft, or order is drawn. (c) As used in this section, "credit" means an arrangement or understanding with the bank, banker, or depositary for the payment of the check, draft, or order referred to by subsection (a) of this section. § 1027. Reselling sold property Whoever, after once selling, bartering, or disposing of any property, or an interest therein, or after executing a bond or agreement for the

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