sions of said section "twelve" of said act, shall be guilty of a misdemeanor. Amended March 13, 1909; stats. 1909, p. 337; in effect in sixty days. SEC. 421. TITLE XI. Of Crimes Against the Public Peace. National guard, discrimination against members of. National guard, discrmination against members of. § 421. No association or corporation shall by any constitution, rule, by-law, resolution, vote or regulation, discriminate against any member of the National Guard of California because of his membership therein. Any person who willfully aids in enforcing any such constitution, rule, by-law, resolution, vote or regulation against any member of said National Guard of California, is guilty of a misdemeanor. Enacted March 18, 1905; stats. 1905, p. 190. TITLE XII. Of Crimes Against the Revenue and Property of This State. SEC. 434. Refusing to give names of persons employed, etc., to tax or license collector. 435. Carrying on business without license. 439. Effecting insurance on account of foreign companies that have not complied with the laws of this state. Refusing to give names of persons employed, etc., to tax or license collector. § 434. Every person who, when requested by the collector of taxes or licenses, refuses to give to such collector the name and residence of each man in his employment, or to give such collector access to the building or place where such men are employed, is guilty of a misdemeanor. Enacted February 14, 1872. Carrying on business without license. § 435. Every person who commences or carries on any business, trade, profession, or calling, for the transaction or carrying on of which a license is required by any law of this state, without taking out or procuring the license prescribed by such law, is guilty of a misdemeanor. Enacted February 14, 1872. 69 Cal. 608; 71 Cal. 468; 85 Cal. 210; 106 Cal. 404; 114 Cal. 282; 149 Cal. 768; 152 Cal. 703, 704; 5 Cal. App. 578, 579, 580, 581; VIII Cal. App. Dec. 254. Effecting insurance on account of foreign companies that have not complied with the laws of this state. § 439. Every person who in this state procures, or agrees to procure, any insurance for a resident of this state, from any insurance company not incorporated under the laws of this state, unless such company or its agent has filed the bond required by the laws of this state relating to insurance, is guilty of a misdemeanor. Enacted February 14, 1872. Bonds from foreign corporations: See Pol. C. §§ 596, 623, 624. SEC. 504. 505. TITLE XIII. Of Crimes Against Property. CHAPTER VI. EMBEZZLEMENT. When officer, etc., guilty of embezzlement. Carrier, when guilty of embezzlement. 506. When trustee, banker, etc., guilty of embezzlement. When officer, etc., guilty of embezzlement. § 504. Every officer of this state, or of any county, city, city and county, or other municipal corporation or subdivision thereof, and every deputy, clerk, or servant of any such officer, and every officer, director, trustee, clerk, servant, or agent of any association, society, or corporation (public or private), who fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control by virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement. Amended April 6, 1880; amendts. 1880, p. 8. 67 Cal. 274; 69 Cal. 237; 82 Cal. 586; 106 Cal. 312; 108 Cal. 541; 124 Cal. 453; 134 Cal. 303; 136 Cal. 451; 143 Cal. 67; 4 Cal. App. 226. See, also, Constitution of California, art. XII, § 3. Carrier, when guilty of embezzlement. § 505. Every carrier or other person having under his control personal property for the purpose of transportation for hire, who fraudulently appropriates it to any use or purpose, inconsistent with the safe-keeping of such property and its transportation according to his trust, is guilty of embezzlement, whether he has broken the package in which such property is contained, or has otherwise separated the items thereof, or not. Enacted February 14, 1872. When trustee, banker, etc., guilty of embezzlement. § 506. Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property for the use of any other person, who fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement. Amended March 22, 1907; stats. 1907, p. 892. 69 Cal. 237; 116 Cal. 390; 136 Cal. 443; 4 Cal. App. 125. SEC. 525. CHAPTER VII. EXTORTION. Officers of railroad company making overcharges. Officers of railroad company making overcharges. § 525. Every officer, agent, or employee of a railroad company, who asks or receives a greater sum than is allowed by law for the carriage of passengers or freight, is guilty of a misde meanor. Enacted February 14, 1872. 145 Cal. 637. Rate of charges; Civ. C. § 489. CHAPTER XI. FRAUDULENT DESTRUCTION OF PROPERTY INSURED. SEC. 548. Burning or destroying property insured. 549. Presenting false proofs upon policy of insurance. Burning or destroying property insured. § 548. Every person who willfully burns or in any other manner injures or destroys any property which is at the time insured against loss or damage by fire, or by any other casualty, with intent to defraud or prejudice the insurer, whether the same be the property of or in possession of such person, or of any other, is punishable by imprisonment in the state prison not less than one nor more than ten years. Enacted February 14, 1872. 120 Cal, 169, 687. Presenting false proofs upon policy of insurance. § 549. Every person who presents or causes to be presented any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insurance for the payment of any loss, or who prepares, makes, or subscribes any account, certificate of survey, affidavit, or proof of loss, or other book, paper, or writing, with intent to present or use the same, or to allow it to be presented or used in support of any such claim, is punishable by imprisonment in the state prison not exceeding three years, or by fine not exceeding one thousand dollars, or by both. Enacted February 14, 1872. VI Cal. App. Dec. 760. FRAUDULENT 559. CHAPTER XIII. INSOLVENCIES BY CORPORATIONS AND SEC. 557. Frauds in subscriptions for stock of corporations. 560. 561. 562. 563. Receiving deposits in insolvent banks. Frauds in keeping accounts in books of corporations. SEC. 564. 565. 566. 567. 568. Officer of corporation publishing false reports. Contracting debt of railway. Same. Director presumed to know condition of corporation. 569. Director present at meeting, when presumed to assent. Director when absent, when presumed to assent. 570. 571. Foreign, doing business in this state. 572. Director defined. Frauds in subscriptions for stock of corporations. § 557. Every person who signs the name of a fictitious person to any subscription for or agreement to take stock in any corporation existing or proposed, and every person who signs to any subscription or agreement the name of any person, knowing that such person has not means or does not intend in good faith to comply with all 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. Enacted February 14, 1872. Subscription to articles of incorporation: Civ. C. § 292. Subscription to capital stock, in certain cases: Civ. C. § 293. Oath to subscription, in certain cases: Civ. C. § 295. Frauds in organization or increasing capital. § 558. Every officer, agent, or clerk of any corporation, or of any persons proposing to organize a corporation, or to increase the capital stock of any corporation, who knowingly exhibits any 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 be allowed an increase of its capital, with intent to deceive such officer or board in respect thereto, is punishable by imprisonment in the state prison not less than three nor more than ten years. Enacted February 14, 1872. False certificates, report, or notice-civil liability of officers: Civ. C. § 316. Organization of corporations: Civ. C. § 283 et seq. Records Civ. C. §§ 377, 378. Increasing capital stock: Civ. C. § 359. See, also, Pen. C. §§ 559, 564. |