PRETENDED SALES

RSA tit. XXVII, ch. 294-B

in effect

RSA 294-B:1 Pretended Sales.

294-B:1. Pretended Sales. No person or corporation shall keep, or cause to be kept, an office, store, or other place in which is conducted or permitted the pretended buying or selling of stocks, or bonds of a corporation, or petroleum, cotton, grain, provisions, pork, or other produce, either on margins or otherwise, without any intention of receiving and paying for the property so bought, or of delivering the property so sold, or in which is conducted or permitted the pretended buying or selling of such property on margins, or when the party buying, or offering to buy, such property, does not intend actually to receive the same if purchased, or to deliver it if sold. Source. 1909, 43:1. PL 384:23. RL 447:21. RSA 577:19. 1973, 532:18, eff. Nov. 1, 1973.

RSA 294-B:2 Evidence.

294-B:2. Evidence. Whenever stocks or bonds are in any manner quoted in such places, or the terms "corporations," "association," or "company," or any abbreviation thereof, are used therein and therewith, it shall be prima facie evidence that such stocks or bonds are the stocks or bonds of then going corporations. Source. 1909, 43:1. PL 384:24. RL 447:22. RSA 577:20. 1973, 532:18, eff. Nov. 1, 1973.

RSA 294-B:3 Evidence, Intent.

294-B:3. Evidence, Intent. Whenever such securities or commodities are not actually received when purchased, or actually delivered when sold, it shall be prima facie evidence that such property was sold or purchased without any intention of receiving it or paying for or delivering it, that it was bought or sold on a margin, and that the parties buying or selling or offering to buy or sell such property did not intend actually to receive or deliver the same. Source. 1909, 43:1. PL 384:25. RL 447:23. RSA 577:21. 1973, 532:18, eff. Nov. 1, 1973.

RSA 294-B:4 Penalty.

294-B:4. Penalty. A person or corporation, whether acting individually or for another person, or as a member, officer, agent or employee of a corporation, who violates any of the foregoing provisions of this chapter, shall be, if a natural person guilty of a misdemeanor, and any other person shall be guilty of a felony. Source. 1909, 43:2. PL 384:26. RL 447:23. RSA 577:21. 1973, 532:18, eff. Nov. 1, 1973.

RSA 294-B:5 Second Offense.

294-B:5. Second Offense. The continuance of such establishment after a first conviction shall be deemed a second offense. Source. 1909, 43:2. PL 384:27. RL 447:25. RSA 577:23. 1973, 532:18, eff. Nov. 1, 1973.

RSA 294-B:6 Completion of Offense.

294-B:6. Completion of Offense. The offense shall be complete as against a person or corporation pretending or offering to sell or to buy, as provided herein, whether the offer to sell or buy is accepted or not; and a person or corporation communicating, receiving, exhibiting or displaying in any manner such offer to so buy or sell, or any statements or quotations of the prices of such property, with a view to such transaction, shall be deemed an accessory, and shall be punished as provided in RSA 294-B:4. Source. 1909, 43:3. PL 384:28. RL 447:26. RSA 577:24. 1973, 532:18, eff. Nov. 1, 1973.

RSA 294-B:7 Statement of Sale.

294-B:7. Statement of Sale. A person or corporation doing business as a commission merchant or broker shall furnish, on demand, to any customer or principal for whom such person or corporation has executed an order for the actual purchase or sale of any of the commodities mentioned in the preceding sections, either for immediate or future delivery, a written statement containing the names of the parties from whom such property was bought, or to whom sold, the time when, place where, and price at which the same was bought or sold. Source. 1909, 43:4. PL 384:29. RL 447:27. RSA 577:25. 1973, 532:18, eff. Nov. 1, 1973.

RSA 294-B:8 Refusal to Furnish Statement.

294-B:8. Refusal to Furnish Statement. A refusal promptly to furnish such statement upon reasonable demand shall be prima facie evidence that such property was not bought or sold in a legitimate manner. Source. 1909, 43:4. PL 384:30. RL 447:28. RSA 577:26. 1973, 532:18, eff. Nov. 1, 1973.

RSA 294-B:9 Injunctions.

294-B:9. Injunctions. When a prosecution is commenced for the violation of any of the provisions of this chapter the attorney-general or county attorney may petition the superior court to enjoin the carrying on of such unlawful business in the place where a complaint, information, or indictment charges that it has been conducted. Source. 1909, 43:5. PL 384:31. RL 447:29. RSA 577:27. 1967, 132:37. 1973, 532:18, eff. Nov. 1, 1973.

RSA 294-B:10 Procedure.

294-B:10. Procedure. The court shall hear and determine such petition, and may permanently enjoin the person, firm or corporation, shown to have kept such place, or caused it to be kept, from conducting such prohibited business therein. Source. 1909, 43:5. PL 384:32. RL 447:30. RSA 577:28. 1973, 532:18, eff. Nov. 1, 1973.

RSA 294-B:11 Temporary Orders.

294-B:11. Temporary Orders. The court may, upon petition therefor in such proceeding, issue a temporary injunction to effect the closing of such place against such unlawful business during the pendency of the petition. Source. 1909, 43:5. PL 384:33. RL 447:31. RSA 577:29. 1973, 532:18, eff. Nov. 1, 1973.

RSA 294-B:12 Injunctions, Costs.

294-B:12. Injunctions, Costs. The cost of such proceedings, in case the state prevails, shall be taxed against the defendant. Source. 1909, 43:5. PL 384:34. RL 447:32. RSA 577:30. 1973, 532:18, eff. Nov. 1, 1973.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXVII-294-B.htmFetched: 10/20/2026