istrate having cognizance of the case, so long as may be necessary for their being used as evidence on any trial; and, as soon as may be afterward, they shall be burnt or otherwise destroyed by order of such court or magistrate, or of a justice of the supreme judicial court.15

(i) FORMS OF COMPLAINT FOR GAMBLING.

1. For keeping a gambling-house.

that C. D., of in the county of —, [addition] on the day of now last past, and on divers other days and times between that day and the day of making of this complaint, at —, in said county of -, unlawfully did keep a certain house resorted to for the purpose of gambling.

2. For permitting persons to gamble in a house under respondent's control.

that C. D., of -, in the county of —, [addition] on the

day of , now last past, and on divers other days and times between that day and the day of making this complaint, at —, in said county of, did permit certain persons, whose names to your complainant are unknown, to gamble in a certain house then and there situate, and then and there under the care and control of the said C. D.

3. Complaint for search for implements of gambling.

STATE OF MAINE.

[Name of county], ss.

To J. S. H., esquire, a trial justice, in and for the county of—. A. B., of, in the county of, [addition] on oath complains in behalf of the State of Maine, that he has reason to suspect, and does suspect, that a certain house, situated in —, in said county of, and occupied by C. D., of [addition] is unlawfully used as a common gambling-house, and that idle and dissolute persons resort there in said house for the purpose of gambling. Wherefore he prays that a warrant to search said house for all implements used there for gambling may be issued; and if any such implements be found in said house, that the said C. D. may be arrested and further dealt with relative to said complaint as the law directs. A. B.

Dated, &c.

STATE OF MAINE.

[Name of county], ss., [date]. Then personally appeared the above-named A. B., and made oath to the truth of the foregoing complaint. Before me, J. S. H., Trial Justice.

15 R. S. c. 125, § 8.

4. Search-warrant.

STATE OF MAINE.

[Name of county], ss.

To the sheriff of said county of, or his deputies, or the constables of the town of -, in said county of -.

GREETING.

[L. S. Whereas A. B., of, in said county_of has exhibited the foregoing complaint on oath to me, J. S. H., esquire, a trial justice, in and for the county of

Now, therefore, you are hereby commanded, in the name of the State of Maine, with proper assistants to enter, in the daytime, into the house mentioned and described in said complaint, and there diligently to search for all implements used for gambling, and if any such implements shall be found on such search, that you bring the same so found, together with the body of the said C. D. (if he may be found in your precinct), before me, J. S. H., esquire, trial justice as aforesaid, or some other trial justice, in and for said county of, to be disposed of as the law directs. Given under my hand and seal, at, in said county of -, on day of —, in the year, &c. J. S. H., Trial Justice.

the

CHAPTER XXXVIII.

CHEATING BY FALSE PRETENCES, FRAUDS, AND

CONSPIRACIES.

FALSE PRETENCES AND FRAUDS.

1. Whoever designedly and by any false pretence or privy or false token, and with intent to defraud, obtains from another any money, goods, or other property, or his signature to any written instrument, the false making of which is forgery, or whoever knowingly and with intent to defraud sells to another any personal property on which there is an existing mortgage, or to which he has no title, without notice to the purchaser of such mortgage, or of such want of title, shall be deemed guilty of cheating by false pretences, and be punished by imprisonment not more than seven years, or by fine not exceeding five hundred dollars.1

1 R. S. c. 126, § 1.

(a) Where an indictment alleges the goods to have been obtained by several specific false pretences, it is not necessary to prove but one, and that the goods were obtained thereby.2

(b) Where it was proved that the defendant represented that his horse, which he offered in exchange for property of the other, was called the "Charley," knowing it was not that horse, and that, by such false pretences, he obtained the property of the other person in exchange, the indictment was sustained, though the horse was equal in value to the property received in exchange, and as good a horse as the "Charley."

(c) An indictment is defective unless it set forth the sale or exchange, and that the false pretences were made with a view to effect such sale or exchange, and that by reason thereof, the party was induced to part with his property.*

(d) An indictment need not allege that the property parted with by the defendant was of any value.5

(e) Where a party falsely and fraudulently pretends that the property which he is parting with belongs to himself and is unincumbered, and, at the same time, affirms that he will warrant it against incumbrances, an indictment may be sustained against him, if the false pretence, and not the warranty, was the inducement which operated upon the other party.”

(f) An indictment in which one is charged with having pawned a watch as a pledge that he would perform a certain act, falsely representing it to be worth a sum much exceeding its real value, and, at the time, representing that the watch was the property of a third person, there being no allegation that he represented he was authorized by the owner to part with it.- -was held bad on demurrer, the property being confessedly that of another."

(g) Allegations that the defendant falsely and fraudulently affirmed that one A., whose note he held, was then in good credit and business at B., and was responsible; that the plaintiff was, thereby, induced to take the note for his wagon, whereas the defendant knew that A. had failed and absconded and was irresponsible, disclose a case of cheating by false pretences.7

2. Whoever fraudulently makes or utters any receipt or other written evidence of the delivery or deposit of any grain, flour, pork, wool, or other goods, wares, or merchandise in any warehouse, mill, store, or other building, when the quantity specified therein had not, in fact, been delivered or deposited in such building; or so makes or utters any receipt or other written evidence of the delivery or deposit with him of any bonds or other securities or evidences of debt, when

* State v. Mills, 17 Me. 211; State v. Dunlap, 24 Me. 77.-8 State v. Mills, supra. State v. Philbrick, 31 Me. 401.-5 State v. Dorr, 33 Me. 498.- State v. Estes, 48 Me. 150.-7 Carlisle v. McNamara, 48 Me. 424.

the same have not, in fact, been so delivered and deposited, shall be punished by imprisonment not less than one year nor more than ten.8

3. Whoever is knowingly a party to any conveyance or assignment of real estate or interest in lands, goods, or things in action, or rents and profits arising therefrom, or to any charge thereon, made with intent to defraud prior or subsequent purchasers, or to hinder, delay, or defraud creditors or others; or knowingly puts such fraudulent conveyance, assignment, or charge into use, as genuine and made in good faith, shall be punished by fine not exceeding one thousand dollars, and imprisonment less than one year."

4. Whoever is guilty of a gross fraud or cheat at common law shall be punished by imprisonment not more than seven years, or by fine not exceeding one thousand dollars.1

10

5. Whoever puts in circulation or distributes any notice, advertisement, or shop-bill, in the form and similitude of bank-bills, shall forfeit fifty dollars for each offense, to be recovered by action of debt in the name and to the use of the person suing therefor."

6. Whoever knowingly and willfully counterfeits, or causes to be counterfeited, any private stamps, labels, or trade-marks, used by a mechanic or manufacturer about the sale of his goods, with intent to defraud the purchaser or manufacturer; or sells such goods with such counterfeit stamps, labels, or trade-marks thereon, knowing them to be counterfeit, without disclosing the fact to the purchaser, shall be punished by imprisonment less than one year, or by fine not exceeding two hundred dollars.12

7. When a person uses any peculiar name, letters, marks, device, or figures, cut, stamped, cast, or engraved upon, or in any way attached to or connected with any article manufactured or sold by him to designate it as an article of a peculiar kind, character, or quality, or as manufactured by him, no other person shall, without his consent, use the same or any similar names, letters, marks, devices, or figures, for the purpose of falsely rep

8 R. S. c. 126, § 2. R. S. c. 126, § 3.—10 R. S. c. 126, § 4.—11 R. S. c. 126, § 5.—12 R. S. c. 126, § 6.

resenting any articles to have been manufactured by him, or to be of the same kind, character, or quality as that manufactured or sold by the party rightfully using the

same.

13

8. Whoever violates the provisions of the preceding section, shall be liable to any party aggrieved thereby, for all damages actually incurred, to be recovered in an action of the case. 14

or of

9. No person doing business in this State, shall assume, or continue to use in his business the name or names of any persons formerly connected with him in partnership, any other person, either alone, or in connection with his own or any other name, or designation, which has been used as aforesaid, without the consent, in writing, of such person or his legal representative.15

10. The supreme judicial court may restrain, by injunction, any use of trade-marks or names, in violation of the foregoing provisions.16

SUPPRESSION OF WILLS.

11. Whoever willfully suppresses, secretes, defaces, or destroys any last will and testament of a deceased person, in his possession or under his control, with intent to injure or defraud any person interested therein, shall be punished as in section three."7

MARITIME FRAUDS.

12. Whoever willfully casts away, burns, sinks, or otherwise destroys any vessel in any county in this State, with intent to injure or defraud any owner thereof, the owner of any property on board, or any insurer of either, shall be punished by imprisonment for life, or any term of years not less than five; and if he lades, equips, or fits out any vessel, or aids in so doing, intending that the same shall be destroyed in the manner and with the intent aforesaid, he shall be punished by imprisonment not more than twenty years, or by fine not exceeding five thousand dollars.18

13 R. S. c. 126, § 7.-14 R. S. c. 126, § 8.-15 R. S. c. 126, § 9.-16 R. S. c. 126, 810.-17 R. S. c. 126, § 11.-18 R. S. c. 126, § 12.