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mutilates, or falsifies any of the books, papers, writings, or securities belonging to such corporation or association, or makes, or concurs in making, any false entries, or omits, or concurs in omitting, to make any material entry, in any book of accounts, or other record or document kept by such corporation or association, is punishable by imprisonment in the state prison not less than three nor more than ten years, or by imprisonment in a county jail not exceeding one year, and a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

564. Officer of corporation publishing false reports of its condition.

SEO. 564. Every director, officer, or agent of any corporation or joint-stock association, who knowingly concurs in making, publishing, or posting any written report, exhibit, or statement of its affairs or pecuniary condition, or book or notice containing any material statement which is false, or refuses to make any book or post any notice required by law, in the manner required by law, other than such as are mentioned in this chapter, is guilty of a felony. [Amendment, approved January 27, 1876; Amendments 1875-6, 113; took effect sixtieth day after passage.]

Making false statement and publishing it-Two offenses.-This section as, amended in 1876, defines two or more offenses, one being a concurrence by an officer of a corporation in making a statement which is false, and another being a concurrence in the publication of such

statement. An indictment which charges both offenses is demurrable, on the ground that more than one offense is charged: People v. Cooper, 53 Cal. 647; see Cross v. Sackett, 6 Abb. Pr. 247; Harper v. Chamberlain, 11 Id. 234; sec. 316, Civ. Code; see also sec. 558, and note.

565. Officer of corporation to permit an inspection of its books.

SEC. 565. Every officer or agent of any corporation, having or keeping an office within this state, who has in his custody or control any book, paper, or document of such corporation, and who refuses to give to a stockholder or member of such corporation, lawfully demanding, during office hours, to inspect or take a copy of the same, or of any part thereof, a reasonable opportunity so to do, is guilty of a misdemeanor.

See Cotheal v. Brouwer, 1 Selv. 567.

566. Officer of railroad company contracting debt in its behalf exceeding its available means.

SEC. 566. Every officer, agent, or stockholder of any railroad company who knowingly assents to or has any agency in contracting any debt by or on behalf of such company, unauthorized by a special law for the purpose, the amount of which debt, with other debts of the company, exceeds its available means for the payment of its debts, in its possession, under its control, and belonging to it at the time such debt is contracted, including its bona fide and available stock subscriptions, and exclusive of its real estate, is guilty of a misdemeanor. 567. Debt contracted in violation of last section not invalid.

SEC. 567. The last section does not affect the validity of a debt created in violation of its provisions, as against the company.

568. Director of corporation presumed to have knowledge of its affairs.

SEC. 568. Every director of a corporation or joint-stock association is deemed to possess such a knowledge of the affairs of his corporation as to enable him to determine whether any act, proceeding, or omission of its directors is a violation of this chapter.

569. Director present at meeting, when presumed to have assented to proceedings.

SEC. 569. Every director of a corporation or joint-stock association who is present at a meeting of the directors at which any act, proceeding, or omission

of such directors, in violation of this chapter occurs, is deemed to have concurred therein, unless he at the time causes or in writing requires his dissent therefrom to be entered in the minutes of the directors.

570. Director absent from meeting, when presumed to have assented to proceedings.

SEC. 570. Every director of a corporation or joint-stock association, although not present at a meeting of the directors at which any act, proceeding, or omission of such directors, in violation of this chapter occurs, is deemed to have concurred therein, if the facts constituting such violation appear on the records or minutes of the proceedings of the board of directors, and he remains a director of the same company for six months thereafter, and does not within that time cause, or in writing require, his dissent from such illegality to be entered in the minutes of the directors.

571. Foreign corporations.

SEC. 571. It is no defense to a prosecution for a violation of the provisions of this chapter that the corporation was one created by the laws of another state, government, or country, if it was one carrying on business or keeping an office therefor within this state.

572. Director defined.

SEC. 572. The term "director," as used in this chapter, embraces any of the persons having by law the direction or management of the affairs of a corporation, by whatever name such persons are described in its charter or known by law.

"Most of the provisions of this chapter, which are taken from the New York penal code secs. 645-668, are new to our laws. The great importance that corporations are assuming in the country, the almost absolute power

of the directors over the property of the corporation, and the numerous frauds that are perpetrated upon the community as well as upon shareholders, point necessity for stringent penal enactments: Commissioners' note.

CHAPTER XIV.

FRAUDULENT ISSUE OF DOCUMENTS OF TITLE TO MERCHANDISE.

577. Issuing fictitious bills of lading, etc.

SEC. 577. Every person, being the master, owner, or agent of any vessel, or officer or agent of any railroad, express, or transportation company, or otherwise being or representing any carrier, who delivers any bill of lading, receipt, or other voucher, by which it appears that any merchandise of any description has been shipped on board any vessel, or delivered to any railroad, express, or transportation company or other carrier, unless the same has been so shipped or delivered, and is at the time actually under the control of such carrier, or the master, owner, or agent of such vessel, or of some officer or agent of such company, to be forwarded as expressed in such bill of lading, receipt, or voucher, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both..

Bill of lading defined: Sec. 2126, Civ. Code.

578. Issuing fictitious warehouse receipts.

SEC. 578. Every person carrying on the business of a warehouseman, wharfinger, or other depositary of property, who issues any receipt, bill of lading, or other voucher for any merchandise of any description, which has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instrument is

issued to a person as being the owner of such merchandise or as security for any indebtedness, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both. "Warehouseman is a person who receives goods and merchandise to be stored in his warehouse for hire: 2 Bouv. Law Dict. 650. Wharfinger, one who owns or keeps a wharf for the purpose of receiving and shipping merchandise to and from it for hire: Id. 660. Receipt, a written acknowledgment of . . . . delivery of

chattels. See also Hooper v. Wells, Fargo & Co., 27 Cal. 11. Other depositary includes com. mon carriers, forwarders, innkeepers, pawnbrokers, pledgees, etc.; it means one who receives personal property to be kept for the benefit of the depositor or a third party: Civ. Code, sec. 1814:" Commissioners' note.

579. Erroneous bills of lading or receipts issued in good faith excepted. SEC. 579. No person can be convicted of an offense under the last two sections by reason that the contents of any barrel, box, case, cask, or other vessel or package mentioned in the bill of lading, receipt, or other voucher did not correspond with the description given in such instrument of the merchandise received, if such description corresponded substantially with the marks, labels, or brands upon the outside of such vessel, or package, unless it appears that the accused knew that such marks, labels, or brands were untrue.

580. Duplicate receipts must be marked "duplicate."

SEC. 580. Every person mentioned in this chapter, who issues any second or duplicate receipt or voucher, of a kind specified therein, at a time while any former receipt or voucher for the merchandise specified in such second receipt is outstanding and uncanceled, without writing across the face of the same the word "duplicate," in a plain and legible manner, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

"Section 2130, and note, Civ. Code Cal., provides for issuing several receipts or bills of 581. Selling, hypothecating, or pledging property received for transportation or storage.

lading; this is, of course, not prohibited by this section:" Commissioners' note.

SEC. 581. Every person mentioned in this chapter, who sells, hypothecates, or pledges any merchandise for which any bill of lading, receipt, or voucher has been issued by him, without the consent in writing thereto of the person holding such bill, receipt, or voucher, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

"Nothing in this section is intended to pre- provided in the Political Code of California, vent the disposal of 'unclaimed property,' as by sections 3152-3157:" Commissioners' note.

582. Bill of lading or receipt to be canceled on delivery of property.

Section 582 was repealed by act approved March 30, 1874; Amendments 1873-4, 434; took effect July 1, 1874.

583. Property demanded by process of law.

SEC. 583. The last two sections do not apply where property is demanded or sold by virtue of process of law.

CHAPTER XV.

MALICIOUS INJURIES TO RAILROAD BRIDGES, HIGHWAYS, BRIDGES, AND

TELEGRAPHS.

587. Injuries to railroads and railroad bridges.

SEC. 587. Every person who maliciously, either:

1. Removes, displaces, injures, or destroys any part of any railroad, whether for steam or horse cars, or any track of any railroad, or any branch or branch

way, switch, turnout, bridge, viaduct, culvert, embankment, station-house, or other structure or fixture, or any part thereof, attached to or connected with any railroad; or,

2. Places any obstruction upon the rails or track of any railroad, or of any switch, branch, branch-way, or turnout connected with any railroad;

-Is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not less than six months.

Stats. 1861, 625, sec. 53.

588. Injuries to highways, private ways, and bridges.

SEC. 588. Every person who maliciously digs up, removes, displaces, breaks, or otherwise injures or destroys any public highway or bridge, or any private way laid out by authority of law, or bridge upon such highway or private way, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year.

Stats. 1861, 397, sec. 20.

589. Injuries to toll-houses and gates.

SEC. 589. Every person who maliciously injures or destroys any toll-house or turnpike gate is guilty of a misdemeanor.

Stats. 1853, 176, sec. 32.

590. Injuries to mile-stones and guide-boards.

SEC. 590. Every person who maliciously removes or injures any mile-board, post, or stone, or guide-post, or any inscription on such, erected upon any highway, is guilty of a misdemeanor.

591. Injuring telegraph lines.

SEC. 591. Every person who maliciously takes down, removes, injures, or obstructs any line of telegraph, or any part thereof, or appurtenance or apparatus connected therewith, or severs any wire thereof, is guilty of a misdemeanor. 592. Taking water from canals, and obstructing same.

SEO. 592. Every person who shall, without authority of the owner or managing agent, and with intent to defraud, take water from any canal, ditch, flume, or reservoir, used for the purpose of holding or conveying water for manufacturing, agricultural, mining, or domestic uses, or who shall, without like authority, raise, lower, or otherwise disturb any gate or other appurtenance thereof used for the control or measurement of water, or who shall empty or place, or cause to be emptied or placed, into any such canal, ditch, flume, or reservoir, any rubbish, filth, or obstruction to the free flow of the water, is guilty of a misdemeanor. [New section, approved April 1, 1878; Amendments 1877–8, 118; took effect sixtieth day after passage.]

TITLE XIV.

MALICIOUS MISCHIEF.

594. Malicious mischief in general defined.

SEC. 594. Every person who maliciously injures or destroys any real or personal property not his own, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor.

Malicious mischief. For an enumeration of the various acts coming within this category and for a general discussion of the subject, see

State v. Robinson, 32 Am. Dec. 662-670. The essence of the offense of malicious mischief is the injury to or destruction of property; and

any act, however wanton and dangerous, which does not result in such injury or destruction, is not an act of malicious mischief: Wait v. Green, 5 Pa k. Cr. 185. The offense consists in the willrul destruction of property, from actual ill

will or resentment towards its owner: State v. Robinson, 3 Dev. & B. 130; Goforth v. State, 8 Humph. 37; see also Dawson v. State, 52 Ind. 478; Sattler v. People, 59 Ill. 68; Ritter v. State, 33 Tex. 608; see sec. 597, note.

595. Specifications in following sections not restrictive of last section.

SEC. 595. The specification of the acts enumerated in the following sections of this chapter is not intended to restrict or qualify the interpretation of the preceding section.

596. Poisoning cattle.

SEC. 596. Every person who willfully administers any poison to an animal, the property of another, or maliciously exposes any poisonous substance with the intent that the same shall be taken or swallowed by any such animal, is punishable by imprisonment in the state prison not exceeding three years, or in the county jail not exceeding one year, and a fine not exceeding five hundred dollars.

See secs. 594, 597, and note.

"The act of March 30, 1868, see Stats. 1868, 604, 'for the more effectual prevention of cruelty to animals,' was expressly preserved

by section 19, Political Code, subdivision 8. This also effectively preserves the act published in statutes 1871-2, 393, amendatory thereof: " Commissioners' note.

597. Killing, maiming, or torturing animals.

SEC. 597. Every person who maliciously kills, maims, or wounds an animal, the property of another, or who maliciously and cruelly beats, tortures, or injures any animal, whether belonging to himself or another, is guilty of a misdemeanor.

Stats. 1855, 105, sec. 4.

Malice towards the owner is a necessary ingredient of the offense: Hobson v. State, 44 Ala. 380; Hill v. State, 43 Id. 335; State v. Wilcox, 3 Yerg. 277; S. C., 24 Am. Dec. 569; State v. Newby, 64 N. C. 23; see sec. 594, note. It 598. Killing, etc., birds in cemeteries.

is a good defense to show that the wounding or killing was done to protect the crop of the accused, and not from either ill-will towards the owner, or cruelty to the animal: Wright v. State, 30 Ga. 325; Commonwealth v. Walden, 3 Cush. 558; State v. Pierce, 7 Ala. 728.

SEC. 598. Every person who, within any public cemetery or burying-ground, kills, wounds, or traps any bird, or destroys any bird's nest other than swallows' nests, or removes any eggs or young birds from any nest, is guilty of a misdemeanor.

For act protecting mocking-birds, and also protecting gulls near Santa Monica, see post, sec. 627. 599. Killing seals near Cliff House.

Section 599, prohibiting killing seals and sea-lions within one mile of the Cliff House in the city and county of San Francisco, was re

pealed by act of March 12, 1880; Amendments 1880, 5 (Ban. ed. 26); took effect from passage.

600. Burning buildings and other property not the subject of arson. SEC. 600. Every person who willfully and maliciously burns any bridge exceeding in value fifty dollars, or any building, snow-shed, or vessel, not the subject of arson, or any stack of grain of any kind, or of hay, or any growing or standing grain, grass, or tree, or any fence, not the property of such person, is punishable by imprisonment in the state prison for not less than one nor more than ten years,

Stats. 1861, 131, sec. 5.

601. Using gunpowder, etc., in destroying or injuring any building.

SEC. 601. Every person who maliciously, by the explosion of gunpowder or other explosive substance, destroys, throws down, or injures the whole or any part of any building, by means of which the life or safety of a human being is endangered, is guilty of felony.

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