and ready to be issued or delivered, although the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner.

§ 4648.

Cal. Pen. C. 2 494.

Indictment need not recite denomination of coin, number of security, etc., ? 4749.

[C. L.

4366. Provisions apply to thing severed from realty. The provisions of this chapter apply where the thing taken is any fixture or part of the realty, and is severed at the time of the taking, in the same manner as if the thing had been severed by another person at some previous time. [C. L. § 4649.

Cal. Pen. C. 495.

See malicious mischief, 4430.

4367. Receiving stolen property. Every person who for his own gain or to prevent the owner from again possessing his property, buys or receives any personal property, exceeding fifty dollars in value, knowing the same to have been stolen, is punishable by imprisonment in the state prison not exceeding five years; if the value of the property so bought or received be fifty dollars, or less in value, he is guilty of a misdemeanor. [C. L. § 4650*.

Cal. Pen. C. 2 496*.

guage of statute is sufficient,-common law strictures not required. People v. Gough, 2 U. 70.

Indictment hereunder describing offense in lan4368. Bringing stolen property into the state. Every person who in another state or country steals the property of another, or receives such property knowing it to have been stolen, and brings the same into this state, may be convicted and punished in the same manner as if such larceny or receiving had been committed in this state. [C. L. § 4651.

Cal. Pen. C. 497.

Persons liable to punishment, 4072. Jurisdiction in such case, 4596. Jurisdiction where

property stolen in one county is brought into another, 4592.

4369. Butcher failing to keep record. Every licensed butcher who fails to faithfully record and keep subject to public inspection, in a book kept by him for that purpose, a true description of the age, size, color, ear-marks and brands, of all cattle killed by him, together with the name of the person from whom received, and the date of the killing of the same, upon conviction thereof, is punishable by a fine in any sum not exceeding one hundred dollars for each offense. [C. L. §§ 2243-2247*.

4370. Larceny of gas. Every person who, with intent to injure or defraud, makes or causes to be made, any pipe, tube, or other instrument, and connects the same or causes it to be connected, with any main, service-pipe, or other pipe for conducting or supplying any artificial or natural gas, in such manner as to supply such gas to any burner or orifice, by or at which such gas is consumed, around or without passing through the meter provided for the measuring and registering the quantity consumed, or in any other manner so as to evade payment therefor, and every person who, with like intent, injures or alters any gas meter or obstructs its action, is guilty of a misdemeanor. [C. L. § 4652. Cal. Pen. C. ? 498*.

4371. Larceny of electricity. Every person who, with intent to injure or defraud, makes or causes to be made any connection by wire or other instrument with any cable or wire used for conducting or supplying electricity for power, lighting, heating, or other purpose to any burner or orifice by or at which such electricity is used or consumed for lighting, heating, power, or any other purpose, around, or without passing through, the meter provided for measuring and registering the quantity used or consumed, or in any other manner so as to evade payment therefor; and every person who, with like intent, injures or alters any electric meter or obstructs its action, is guilty of a misdemeanor. ['94, p. 41.

4372. Larceny of water. Every person who, with intent to injure or defraud, connects or causes to be connected, any pipe, tube, or other instrument with any main, service-pipe, or other pipe, or conduit, or flume for conducting water, for the purpose of taking water from such main, service-pipe, conduit, or

flume without the knowledge of the owner thereof, and with intent to evade payment therefor, is guilty of a misdemeanor. [C. L. § 4653.

Cal. Pen. C. 499.

Larceny of water, ?? 4449, 4450.

4373. Larceny of goods saved from fire. Every person who saves from fire, or from a building endangered by fire, any property, and for two days thereafter corruptly neglects to notify the owner, or the chief police officer of the city or town, or sheriff of the county, in which such property is situated, is guilty of larceny. [C. L. § 4654*.

Cal. Pen. C. 500*.

CHAPTER 44.

EMBEZZLEMENT.

4374. Embezzlement defined.

Embezzlement is the fraudulent appro

priation of property by a person to whom it has been intrusted. [C. L. § 4655.

Cal. Pen. C. 503.

Jurisdiction where property embezzled in one county and brought into another, 4592. Denomi

nation of coin, number of security, etc., need not be pleaded, 4749.

4375. Id. By officer, agent, etc. 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 the same with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement. [C. L. § 4656.

Cal. Pen. C. ? 504*.

No limitation upon prosecution for embezzlement of public money, ? 4597.

4376. Id. By carrier. 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 safekeeping 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. [C. L. § 4657.

Cal. Pen. C. 505.

4377. Id. By banker, trustee, etc. 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, is guilty of embezzlement. [C. L. § 4658.

Cal. Pen. C. 2 506.

4378. Id. Id. By bailee, tenant, attorney in fact. Every person intrusted with any property as bailee, tenant, or lodger, or with any power of attorney for the sale or transfer thereof, who fraudulently converts the same, or the proceeds thereof, to his own use, or secretes it or them with a fraudulent intent to convert to his use, is guilty of embezzlement. [C. L. § 4659. Cal. Pen. C.? 507.

4379. Id. Bank officer overdrawing account. Every officer, agent, teller, or clerk of any savings bank who knowingly overdraws his account with such bank and thereby wrongfully obtains the money, note, or funds of such bank, is guilty of embezzlement. [C. L. § 4687*.

Cal. Pen. C. 561.

4380. By clerk, agent, or servant. Every clerk, agent, or servant of any person who fraudulently appropriates to his own use, or secretes with a

fraudulent intent to appropriate to his own use, any property of another which has come into his control or care by virtue of his employment as such clerk, agent, or servant, is guilty of embezzlement. [C. L. § 4660.

Cal. Pen. C. 508.

A distinct act of taking

4381. Distinct act of taking unnecessary. is not necessary to constitute embezzlement. [C. L. § 4661.

Cal. Pen. C. 509.

4382. Embezzlement of any evidence of debt. Any evidence of debt. negotiable by delivery only, and actually executed, is the subject of embezzlement, whether it has been delivered or issued as a valid instrument or not. [C. L. § 4662.

Cal. Pen. C. 510.

4383. Claim of title, ground of defense. Upon any indictment for embezzlement it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith, even though such claim is untenable. [C. L. § 4663.

Cal. Pen. C. 511*.

4384. Embezzlement punishable as larceny. Every person guilty of embezzlement is punishable in the manner prescribed for feloniously stealing property of the value of that embezzled, and, where the property embezzled is an evidence of debt or right of action, the sum due upon it, or secured to be paid by it, shall be taken as its value. [C. L. § 4664.

Cal. Pen. C. 514*.

CHAPTER 45.

EXTORTION.

4385. Extortion defined. Extortion is the obtaining of property from another with his consent, induced by a wrongful use of force or fear, or under color of official right. [C. L. § 4665.

Cal. Pen. C. ? 518.

4386. What threats constitute. Fear, such as will constitute extortion, may be induced by a threat, either

1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his, or member of his family; or,

2. To accuse him, or any relative of his, or member of his family, of any crime; or,

3. To expose or impute to him or them any deformity or disgrace; or, To expose any secret affecting him or them. [C. L. § 4666.

4.

Cal. Pen. C. 519.

Threat to publish libel, penalty,

4205.

4387. Extortion by means of force or threat. Every person who extorts any money or other property from another, under circumstances not amounting to robbery, by means of force, or any threat, such as is mentioned in the preceding section, is punishable by imprisonment in the state prison for a term not exceeding three years. [C. L. § 4667.

Cal. Pen. C. 520*.

4388. Extortion under color of official right. Every person who commits any extortion under color of official right, in cases for which a different punishment is not described in this code, is guilty of a misdemeanor. $4668.

Cal. Pen. C. 521.

[C. L.

Penalty for receiving illegal fees, 1027-1029.

4389. Obtaining signature by extortion. Transfer. Every person who by any extortionate means, obtains from another his signature to any paper or instrument, whereby, if such signature were freely given, any property would be transferred, or any debt, demand, charge, or right of action created, is punishable in the same manner as if the actual delivery of such debt, demand, charge, or right of action were obtained. [C. L. § 4669.

Cal. Pen. C. 522.

4390. Sending threatening letter. Every person who, with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in section forty-three hundred and eighty-six, is punishable in the same manner as if such money or property were actually obtained by means of such threat. [C. L. § 4670.

Cal. Pen. C. 523.

Sending threatening letter, 4442. Offense of sending letter deemed complete, when, 24493.

4391. Unsuccessful verbal threat. Every person who unsuccessfully attempts, by means of any verbal threat, such as is specified in section forty-three hundred and eighty-six, to extort money or other property from another, is guilty of a misdemeanor. [C. L. § 4671.

Cal. Pen. C. 524.

4392. Overcharge by railroad employee. 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 misdemeanor. [C. L. § 4672.

Cal. Pen. C. ? 525.

CHAPTER 46.

FALSE PERSONATION AND CHEATS.

4393. Marrying under false personation. Every person who falsely personates another, and, in such assumed character, marries or pretends to marry, or to sustain the marriage relation toward another, with or without the connivance of such other, is guilty of a felony. [C. L. § 4673.

Cal. Pen. C. ? 528.

4394. False personation in other cases. Every person who falsely personates another and in such assumed character, either

1.

Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take bail or surety; or,

Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, and used as true; or,

3. Does any other act whereby, if it were done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party personating, or to any other person,-is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both. [C. L. § 4674.

Cal. Pen. C. 529*.

4395. Receiving property under false personation. Every person who falsely personates another and, in such assumed character, receives any money or property, knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or to that of another

person, or to deprive the true owner thereof, is punishable in the same manner and to the same extent as for larceny of the money or property so received. [C. L. § 4675.

Cal. Pen. C. 530.

4396. Fraudulently conveying lands or chattels. Every person who is a party to any fraudulent conveyance of any lands, tenements, or hereditaments, goods, or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment, or execution, contract, or conveyance, had, made, or contrived with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands, is guilty of a misdemeanor. [C. L. § 4676.

Cal. Pen. C. 531*.

4397. Obtaining money by fraud punishable as larceny. Every person who knowingly and designedly, by false or fraudulent representations or pretenses, shall obtain from any other person any chose in action, money, goods, wares, chattels, effects, or other valuable thing, with intent to cheat or defraud any person of the same, if the value of the property so obtained does not exceed fifty dollars, is punishable as in cases of petit larceny, and when the property so obtained is of the value of more than fifty dollars, the persons so offending shall be punishable as in cases of grand larceny. [C. L. § 4677*; '90, p. 95. Cal. Pen. C. 532*. Cal. Sup. '89, p. 466.

Evidence on prosecution for obtaining money or property by means of false pretenses, 24861.

4398. Fraud in sale or mortgage without wife's assent. Every person who falsely represents himself as competent to sell or mortgage any real estate, to the validity of which sale or mortgage the assent or concurrence of his wife is necessary, and under such representation wilfully conveys or mortgages the same, is guilty of a felony.

Mont. Pen. C. 936.

4399. Salting mines. Fraudulent assay. Every person who, with intent to cheat, wrong, or defraud, places in or upon any mine or mining claim, any ores or specimens of ores not extracted therefrom, or exhibits any ore or certificate of assay of ore not extracted therefrom, for the purpose of selling any mine or mining claim or interest therein, or who obtains any money or property by any such false pretense or artifice, is guilty of a felony. [C. L. § 4756*. Mont. Pen. C. ? 942*.

4400. Changing samples or assay certificate. Every person who interferes with, or in any manner changes, samples of ores or bullion produced for sampling, or changes or alters samples or packages of ores or bullion which have been purchased for assaying, or who shall change or alter any certificate of sampling or assaying, with intent to cheat, wrong, or defraud, is guilty of a misdemeanor. [C. L. § 4757.

4401. Making or publishing false assay. Every person who, with intent to cheat, wrong, or defraud, makes or publishes a false sample of ore or bullion, or who makes or publishes, or causes to be published, a false assay of ore or bullion, is guilty of a misdemeanor. [C. L. § 4758.

CHAPTER 47.

DESTRUCTION OF PROPERTY INSURED.

4402. Injury or destruction of insured property. Every person who wilfully 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