the creditor of the offender, and of his estate after his death, within the provisions of the statutes relating thereto. The damages sustained by the person injured by the felonious act, may be ascertained in an action brought for that purpose by him against the trustees of the estate of the offender, appointed under the provisions of the statutes, or the executor or administrator of the offender's estate. Derivation: Penal Code, §§ 716-717. Mairs v. Railroad Co. (1903), 175 N. Y. 413, aff'g 73 App. Div. 265, 76 N. Y. Supp. 838. § 644. Convict voting. The prohibition to vote at an election, contained in any statute of the state, shall not apply to a person heretofore or hereafter convicted of any crime, who has been sentenced or committed therefor to one of the houses of refuge, or other reformatories organized under the statutes of the state. Derivation: Penal Code, § 711. People v. Harrington (1884), 15 Abb. N. C. 163, 1 How. Pr. (N. 8.) 37, 3 . Y. Cr. 139, 141. ARTICLE 64. CORPORATIONS. SECTION 660. Frauds in the organization of corporations. 661. Frauds in procuring organization of corporations. 662. Fraudulent issue of stocks and bonds. 663. Acting for foreign corporations not authorized to do business in this state. 664. Misconduct of officers and directors of stock corporations. 665. Misconduct of directors, officers, agents and employees of cor porations. 666. Unlawful use of certain titles in connection with corporate name. 667. Presumption of knowledge of corporate condition and business and of assent thereto by directors; definitions. 668. Misconduct at corporate elections. 669. Misconduct of officers and agents of pipe-line corporations. § 660. Frauds in the organization of corporat.ons. A person who: 1. Without authority subscribes the name of another to or inserts the name of another in any prospectus, circular or other advertisement or announcement of any corporation or joint-stock association existing or intended to be formed, with intent to permit the same to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of such corporation or association; or, 2. Signs the name of a fictitious person to any subscription for or agreement to take stock in any corporation, existing or proposed; or, 3. Signs to any such subscription or agreement the name of any person, knowing that such person does not intend in good faith to comply with the terms thereof, or under any understanding or agreement, that the terms of such subscription or agreement are not to be complied with or enforced, Is guilty of a misdemeanor. Derivation: Penal Code, § 590, as amended L. 1892, ch. 692, § 1. § 661. Frauds in procuring organization of corporations. An officer, agent or clerk of a corporation, or of persons proposing to organize a corporation, or to increase the capital stock of a corporation, who knowingly exhibits a false, forged or altered book, paper, voucher, security or other instrument of evidence to any public officer or board authorized by law to examine the organization of such corporation, or to investigate its affairs, or to allow an increase of its capital, with intent to deceive such officer or board in respect thereto, is punishable by imprisonment in a state prison not exceeding ten years. Derivation: Penal Code, § 592, as amended L. 1892, ch. 662, § 20. People v. Helmer (1898), 154 N. Y. 596, 13 N. Y. Cr. 1; People v. Hegeman (1907), 57 Misc. 295, 109 N. Y. Supp. 539. § 662. Fraudulent issue of stocks and bonds. An officer, agent or other person in the service of any joint-stock company or corporation formed or existing under the laws of this state, or of the United States or of any state or territory thereof, or of any foreign government or country, who wilfully and knowingly, with intent to defraud: 1. Sells, pledges or issues, or causes to be sold, pledged or issued, or signs or executes, or causes to be signed or executed with intent to sell, pledge or issue, or causes to be sold, pledged or issued, any certificate or instrument purporting to be a certificate or evidence of the ownership of any share or shares of such company or corporation, or any bond or evidence of debt, or writing purporting to be a bond or evidence of debt of such company or corporation, without being first thereto duly authorized by such company or corporation, or contrary to the charter or laws under which such corporation or company exists, or in excess of the power of such company or corporation or of the limit imposed by law or otherwise upon its power to create or issue stock or evidences of debt; or, 2. Reissues, sells, pledges or disposes of, or causes to be reissued, sold, pledged or disposed of, any surrendered or canceled certificates, or other evidence of the transfer or ownership of any such share or shares, Is punishable by imprisonment for a term not exceeding seven years, or by a fine not exceeding three thousand dollars, or by both. Derivation: Penal Code, § 591, as amended L. 1892, ch. 662, § 19. People v. Hegeman (1907), 57 Misc. 295, 109 N. Y. Supp. 539. 8 663. Acting for foreign corporations not authorized to do business in this state. Any person, or corporation, who: 1. Acts as agent or representative of any mortgage, loan or investment corporation or building and mutual loan corporation or association or co-operative savings and loan association organized outside of this state, while such mortgage, loan or investment corporation or building and mutual loan corporation or association or co-operative savings and loan association shall not be authorized under a license of the superintendent of banks to do business in this state; or, 66 2. Acts as agent or representative in this state of a foreign corporation, other than a moneyed corporation, with the words "trust," "bank," "banking," "insurance," assurance," "indemnity," "guarantee," guarantee," "guaranty,” guaranty," "savings, savings," "investment," "loan," "benefit," or any other words or terms indicating, representing or holding out such company to be a moneyed corporation as a part of its name or corporate title, or who, in connection with such corporation or otherwise, shall put forth any sign containing said name, or who shall advertise. or publish the said company as doing business in this state, directly or indirectly, through agents or otherwise, while such company shall not be authorized under a certificate procured from the secretary of state pursuant to section fifteen of the general corporation law to do business in this state, Is guilty of a misdemeanor. Derivation: Penal Code, § 593, as amended L. 1892, ch. 692, § 1; L. 1904, ch. 489, § 1; L. 1908, ch. 118. § 664. Misconduct of officers and directors of stock corpora tions. A director of a stock corporation, who concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended: 1. To make a dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law; or, 2. To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation; or to reduce such capital stock without the consent of the legislature; or, 3. To discount or receive any note or other evidence of debt in payment of an instalment of capital stock actually called in, and required to be paid, or with intent to provide the means of making such payment; or, 4. To receive or discount any note or other evidence of debt with intent to enable any stockholder to withdraw any part of the money paid in by him on his stock; or, 5. To apply any portion of the funds of such corporation, except surplus profits, directly or indirectly, to the purchase of shares of its own stock, Is guilty of a misdemeanor. An officer or director of a stock corporation who: 6. Issues, participates in issuing, or concurs in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law; or, 7. Sells, or agrees to sell, or is directly or indirectly interested in the sale of any share of stock of such corporation, or in any agreement to sell the same, unless at the time of such sale or agreement he is an actual owner of such share, Is guilty of a misdemeanor, punishable by imprisonment for not less than six months, or by a fine not exceeding five thousand dollars, or by both. § 1. Derivation: Penal Code, § 594 and § 610, as amended L. 1892, ch. 692, Berryman v. Bankers' Life Insurance Co. (1907), 117 App. Div. 737, 102 N. Y. Supp. 695. § 665. Misconduct of directors, officers, agents and employees of corporations. A director, officer, agent or employee of any corporation or joint-stock association who: 1. Knowingly receives or possesses himself of any of its property otherwise than in payment for a just demand, and with intent to defraud, omits to make or to cause or direct to be made a full and true entry thereof in its books and accounts; or, 2. Makes or concurs in making any false entry, or concurs in omitting to make any material entry in its books or accounts; or, 3. Knowingly (a), concurs in making or publishing any written report, exhibit or statement of its affairs or pecuniary condition. containing any material statement which is false, or (b), omits or concurs in omitting any statement required by law to be contained therein; or, |