Cal. Pen. C. 548.

Arson, 24326-4333.

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. [C. L. § 4678. 4403. Fraudulent claim for loss of insured property. 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, 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 a fine not exceeding one thousand dollars, or by both. [C. L. § 4679. Cal. Pen. C. 2549.

CHAPTER 48.

FALSE WEIGHTS AND MEASURES.

4404. False weight or measure defined. A false weight or measure is one which does not conform to the standard established by the laws of the United States of America. [C. L. § 4680.

Cal. Pen. C. ? 552.

Weights and measures, generally, ?? 2724-2730.

4405. Using false weight or measure. Every person who uses any weight or measure, knowing it to be false, by which use another is defrauded or otherwise injured, is guilty of a misdemeanor. [C. L. § 4681.

Cal. Pen. C. 553.

4406. Marking false weight or measure. Sale. Every person who knowingly marks or stamps false or short weight or measure, or false tare, on any cask or package or car, or who knowingly sells or offers for sale any cask or package or other article so marked, is guilty of a misdemeanor. [C. L. § 4682.

Cal. Pen. C. 554*.

4407. Giving short weight. .In all cases of coal, hay, and other commodities, usually sold by the ton or fractional part thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton; and in all sales of articles which are sold in commerce by avoirdupois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound; and any person violating any provision of this section is guilty of a misdemeanor.

Mont, Pen. C. 2 963.

Fraud in packing merchandise, ? 4475.

CHAPTER 49.

FRAUDS RELATING TO CORPORATIONS.

4408. Fraud in subscriptions for stock. 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 such 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. [C. L. § 4683.

Cal. Pen. C. 557.

Formation of corporations, ?? 314–323.

4409. Fraud in organizing corporation or increasing capital stock. Every officer, agent, or clerk of any corporation, or of any person 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 allow 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 one year nor more than ten years. [C. L. § 4684.

Cal. Pen. C. 2 558*.

Limitation on issuance and increase of capital stock, Con. art. 12, sec. 5.

4410. Unauthorized use of name in prospectus. Every person who, without being authorized so to do, subscribes the name of another to, or inserts the name of another in, any prospectus, circular, or other advertisement or announcement of any corporation or joint stock association, existing or intended to be formed, with intent to permit the same to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member, or promoter of such corporation or association, is guilty of a misdemeanor. [C. L. § 4685.

Cal. Pen. C. 559.

4411. Misconduct of directors. Every director of any stock corporation who concurs in any vote or act of the directors of such corporation or any of them, by which it is intended either:

1. To make any dividend, except from the surplus profits arising from the business of the corporation and in the cases and manner allowed by law; or,

2. To divide, withdraw, or in any manner, except as provided by law, pay to the stockholders, or any of them, any part of the capital stock of the corporation; or,

3. To discount or receive any note or other evidence of debt in payment of any instalment actually called in and required to be paid, or with the intent to provide the means of making such payment; or,

4.

To receive or discount any note or other evidence of debt, with the intent to enable any stockholder to withdraw any part of the money paid in by him, or his stock; or,

5. To receive from any other stock corporation in exchange for the shares, notes, bonds, or other evidences of debt of their own corporation, shares of the capital stock of such other corporation, or notes, bonds, or other evidences of debt issued by such corporation,-is guilty of a misdemeanor. [C. L. § 4686.

Cal. Pen. C. 560.

Dividends may be paid out of profits earned and on hand, ? 322.

4412. Agent of insolvent bank receiving deposits. Every officer, agent, teller, or clerk of any bank, and every individual banker, or agent, teller, or clerk of any individual banker, who receives any deposits, knowing that such bank or banker is insolvent, is guilty of a felony. [C. L. § 4688*.

Cal. Pen. C. 562.

4413. Fraud or misconduct of agent of corporation. Every director, officer, or agent of any corporation or association, who knowingly receives or possesses himself of any property of such corporation or association, otherwise than in payment of a just demand, and who, with intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of such corporation or association; and every director, officer, agent, or member of any corporation or association who embezzles, abstracts, or wilfully misapplies any of the money, funds, or credits of the corporation or association; or who, without authority from the directors, issues or puts in circulation any of the notes of the corporation or association: or who, without such authority, issues or puts forth any certificate of deposit, draws any

order or bill of exchange, makes any acceptance, assigns any note, bond, draft, bill of exchange, mortgage, judgment, or decree; or who makes any false entry in any book, report, or statement of the corporation or association, with intent, in either case, to injure or defraud the corporation or association, or any other company, body politic or corporate, or any individual person, or to deceive any officer of the corporation or association, or any agent appointed to examine the affairs of any such corporation or association; and every person who with like intent aids or abets any officer, clerk, or agent in any violation of this section, shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned in the state prison not less than one nor more than ten years and be fined in any sum less than ten thousand dollars. [C. L. § 4689*.

U. S. R. S. (1878) 2 5209*. Cal. Pen. C. 563*.

4414. Making false reports of corporation or bank. Every director, officer, or agent of any corporation or joint stock association, and every private banker who knowingly makes or concurs in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition, containing any material statement which is false, other than such as are mentioned in this chapter, is guilty of a misdemeanor. [C. L. § 4690**.

Cal. Pen. C. 564*.

4415. Refusal of inspection of corporate books. 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. [C. L. § 4691.

Cal. Pen. C. ? 565.

Books subject to inspection of bona fide stockholders, ? 329.

4416. Railroad creating debt in excess of available means. Every officer, agent, or stockholder of any railroad company, who knowingly assents to or has an 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. [C. L. § 4692.

Cal. Pen. C. 566.

4417. Id. Validity of debt not affected. The last section does not affect the validity of a debt created in violation of its provisions, as against the company. [C. L. § 4693.

Cal. Pen. C. 567.

4418. Director presumed to have knowledge. 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. [C. L. § 4694.

Cal. Pen. C. 568.

4419. Concurrence of director presumed if present. 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. [C. L. § 4695.

Cal. Pen. C. ? 569.

4420. When assent presumed if director absent. 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. [C. L. § 4696. Cal. Pen. C. ? 570.

4421. Foreign corporation on same footing as local. It is no defense to a prosecution for a violation of any 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. [C. L. § 4697.

Cal. Pen. C. 571.

4422. "Director" defined. 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. [C. L. § 4698.

Cal. Pen. C. 2 572.

CHAPTER 50.

INJURIES TO RAILROADS, ETC.

4423. Injuring or obstructing railroad. Every person who maliciously, either:

1. Removes, displaces, injures, or destroys any part of any railroad, whether for cars propelled by steam or any other motive power, or any track of any railroad, or any branch, or branchway, 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 such railroad,-is punishable by imprisonment in the state prison not exceeding ten years, or in the county jail not exceeding one year. [C. L. § 4700*.

Cal. Pen. C. 587*.

4424. Injuring highway. 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 three years, or in the county jail not exceeding six mouths. [C. L. § 4701.

Cal. Pen. C. 588*.

CHAPTER 51.

MALICIOUS MISCHIEF.

4425. Malicious mischief defined. Every person who maliciously injures or destroys any real or person il property not his own, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor. [C. L. § 4705.

Cal. Pen. C. 2 594.

4426. Succeeding sections not restrictive. 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. [C. L. § 4706.

Cal. Pen. C. 595.

4427. Poisoning animals. Every person who wilfully, unlawfully, and maliciously administers any poison to an animal, the property of another, or maliciously exposes any poisonous substance, with 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 six months, or by fine not exceeding three hundred dollars, or by both. [C. L. § 4707.

Cal. Pen. C. 596*.

4428. Killing or maiming animals. Cruelty. 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. [C. L. § 4708.

Cal. Pen. C. 597.

Cruelty to animals, ?? 4453-4459.

Malice must be proved but malicious character

of act hereunder may be inferred from circumstances. People v. Olsen, 6 U. 284; 22 P. 163.

4429. Burning property not the subject of arson. Every person who wilfully and maliciously burns any bridge, 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, and exceeding in value fifty dollars, is punishable by imprisonment in the state prison for not more than ten years. [C. L. § 4709*.

Cal. Pen. C. 2 600*.

Burning rafts, wood, etc., penalty, 4435. Arson, ?? 4326–4333.

4430. Trespass and injuries to property. Every person who wilfully and maliciously commits any trespass, by either:

1. Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the land of another; or,

2. Carrying away any kind of wood or timber that has been cut down and is lying on such lands; or,

3. Malicously injuring or severing from the freehold of another anything attached thereto, or the produce thereof; or,

4. Digging, taking, or carrying away from any lot situated within the limits of any incorporated city, without the license of the owner or legal occupant thereof, any earth, soil, or stone; or,

5. Digging, taking, or carrying away from any land in any of the cities of the state, laid down on the map or plan of such city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone; or,

6. Putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, or village, or dedicated to the public, or upon any property of any person, without license from the owner, any notice, advertisement, or designation of, or any name for, any commodity, whether for sale or otherwise, or any picture, sign, or device intended to call attention thereto, -is guilty of a misdemeanor. [C. L. § 4710.

Cal. Pen. C. ? 602.

misdemeanor, 4425. Larceny of things severed Injury or destruction of another's property, a from realty, 4366. 4431. Injuring or destroying standing crops. Every person who maliciously injures or destroys any standing crops, grain, cultivated fruits, or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this code, is guilty of a misdemeanor. [C. L. § 4711.

Cal. Pen. C. 604.

4432. Removing or defacing landmark. Every person who either: 1. Maliciously removes any monument erected for the purpose of designating any point in the boundary of any lot or tract of land; or,

2.

Maliciously defaces or alters the marks upon any such monument; or,