The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1914-06-27
New Law As To Bad Checks

Before the passage of the new law
by the last Legislature bad checks
and drafts could be and We're used in
this community almost with impun-
ity. The giving of check or draft
upon bank in which the maker had
no funds was frequently the means of
perpetrating gross frauds upon mer-
chants and others; but under the pre-
existing law it was a settled principle
that the mere fact that a check or
draft was given upon an institution in
which the maker had no funds was not
in itself sufficient to justify a convic-
tion of obtaining money or goods by
fraudulent pretenSeS, and this result
was not affected by the fact that the
giver of the worthless document made
no attempt to make it good after Sc
curing the goods or money for which
it was given. The courts had ruled
that proof of such situation had to
be strengthened by additional evil
dence showing either (l) specific
purpose to perpetrate a fraud Or
whta amounts to the same ;;ling-(2)
a distinct understanding and belief on
the part of the maker of the document
that it would not be made good, and a
purpose thus to secure the goods or
money without an immediate purpose
to pay the agreed consideration. And
as the proof had to convince the jury
| of the fraudulent purpose beyond a
reasonable doubt, it was found in
practice that the invention of an en-
planation or excuse sufficient to create
a doubt was very simple matter.
To correct this situation the Legis-
lature has passed an act that is as
unique as it is far-reaching. This act
provides, first, that
(a). Every person who, with in
! tent to cheat and defraud another,
| shall obtain money, credit goods,
wares or anything Of value,
tb} By means of check, draft
or order of any kind
(c) Upon any bank, person.
! firm or corporation, not indebted
to drawer, or where he has not
provided for its payment or ac-
| ceptance,
I'd And the same be not paid
upon presentation,
(e) Shall be deemed to have
O'lclIltu SINIl Y, cult, SOOuS
OF things of value by means of a
| false pretense. and upon convic-
ton shall be fined or imprisoned,
or both, etc.
At this point the statute still re-
! quireS the specific proof of a purpose
to defraud that was required under
the pre-eXisting law, but the difficult
| ties are at once overcome by an addi-
tional provision, as follows:
The giving of the aforesaid
worthless check, draft or nego-
table instrument shall be prima
facie evidence of intent to cheat
or defraud.
In other words, mere proof of the
giving of the worthless instrument
without proof of specific purpose to
! cheat or defraud, will be sufficient to
secure a conviction, unless the ac-
cused overcomes the presumption of
| guilt thus created by sufficient and
satisfactory evidence. The unique fea-
ture of the act-which is also a fea-
ture tending to prevent the use of the
statute as an oppressive weapons
as follows:
II such person Il. e., the accus-
ed shall deposit with the drawee
of such paper within 10 days
thereafter sufficient funds to meet
the same, with all costs and inter-
est which may have accrued, he
shall not be prosecuted under this
section, and no prosecution, either
by presentmerft, Indictment or
otherwise shall be instituted or
commenced until after the expira-
ton of said period of ten DAYS.