rules and regulations, or other laws or enactments of such order or society, is guilty of a misdemeanor. Unlawfully wearing button of labor union: See Act of 1909, p. 546 (Gen. Laws, tit. "Labor Unions"). California Jurisprudence: See article False Personation. Legislation § 538b. 1. Addition by Stats. 1901, p. 467; unconsti tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 686; the code commissioner saying, "This section consists of the matter formerly in § 543%. The change is made by placing the matter in a section in the proper chapter. By some inadvertence the legislature placed it in the chapter providing for the punishment of persons fraudulently fitting out and destroying vessels." CHAPTER IX. Fraudulently Fitting Out and Destroying Vessels. $539. Captain or other officer willfully destroying vessel, etc. $540. Other persons willfully destroying vessel, etc. [No section of this number.] § 543. Prohibiting unauthorized wearing of society badges, etc. [Re pealed, and re-enacted as § 538b.] Code commissioners' note to Chapter IX. "This chapter is taken from the New York Penal Code, [Field's Draft,] p. 227." § 539. Captain or other officer willfully destroying vessel, etc. Every captain or other officer or person in command or charge of any vessel, who, within this state, willfully wrecks, sinks, or otherwise injures or destroys such vessel, or any cargo in such vessel, or willfully permits the same to be wrecked, sunk, or otherwise injured or destroyed, with intent to prejudice or defraud any other person, is punishable by imprisonment in the state prison not less than three years. California Jurisprudence: See article Shipping. Legislation § 539. Enacted February 14, 1872; based on Field's Draft, § 628, N. Y. Pen. Code, § 575. The code commissioners say: "Injuring or destroying vessels upon the high seas is provided for by various acts of Congress. (See the acts collected, Brightly's Dig., 209-211.) The above section is therefore limited to acts committed within this state." § 540. Other persons willfully destroying vessel, etc. Every person, other than such as are embraced within the last section, who is guilty of any act therein specified, is punishable by imprisonment in the state prison for a term not exceeding ten years. Vessel, wrecking, injuring or destroying: See post, § 608c. Legislation § 540. Enacted February 14, 1872; based on Field's Draft, § 629, N. Y. Pen. Code, § 576. § 541. Making false manifest, etc. Every person guilty of preparing, making, or subscribing any false or fraudulent manifest, invoice, bill of lading, ship's register, or protest, with intent to defraud another, is punishable by imprisonment in the state prison not exceeding three years. Fictitious bill of lading, issuing of: See post, §§ 577, 578. California Jurisprudence: See articles Carriers, vol. 4, p. 860; Shipping. Legislation § 541. Enacted February 14, 1872; based on Field's Draft, §§ 630, 631, N. Y. Pen. Code, § 577. § 542. [No section of this number.] § 543. [No section of this number.] § 5432. Prohibiting unauthorized wearing of society badges, etc. [Repealed 1905; Stats. 1905, p. 685.] Wearing badge of secret society: See ante, § 538b. Legislation § 5432. 1. Added by Stats. 1899, p. 90, becoming a law, under constitutional provision, without governor's approval When enacted the section read: "Any person who willfully wears the badge, lapel button, rosette or other recognized and established insignia of any secret society, order or organization, or uses the same to obtain aid or assistance within this state, unless entitled to wear or use the same, under the constitution, by-laws or rules and regulations, or other laws or enactments of such order or society, is guilty of a misdemeanor." 2. Repeal by Stats. 1901, p. 468; unconstitutional. See note, § 5, ante. 3. Repealed by Stats. 1905, p. 685, the section being now numbered 538b. See ante, Legislation § 538b, for code commissioner's note. CHAPTER X. Fraudulently Keeping Possession of Wrecked Property. § 544. Detaining wrecked property after salvage paid. § 545. Unlawfully taking or having possession of wrecked property. § 544. Detaining wrecked property after salvage paid. Every person who keeps any wrecked property, or the proceeds thereof, after the salvage and expenses chargeable thereon have been agreed to or adjusted, and the amount thereof has been paid to him, is punishable by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or both. Wrecks and wrecked property: Pol. Code, §§ 2403-2418. California Jurisprudence: See articles Salvage; Wrecks. Legislation § 544. Enacted February 14, 1872; based on Stats. 1850, p. 176, § 24. § 545. Unlawfully taking or having possession of wrecked property. Every person who takes away any goods from any stranded vessel, or any goods cast by the sea upon the land, or found in any bay or creek, or knowingly has in his possession any goods so taken or found, and does not deliver the same to the sheriff of the county where they were found, or notify him of his readiness to do so within thirty days after the same have been taken by him, or have come into his possession, is guilty of a misdemeanor. Wrecks and wrecked property: Pol. Code, §§ 2403-2418. California Jurisprudence: See article Wrecks. Legislation § 545. Enacted February 14, 1872; based on Stats. 1850, p. 176, § 25. CHAPTER XI. Crimes Against Insured Property and Insurance Carriers. [The title of the above chapter was amended to read as above by the original act as passed by the legislature in 1923. In incorporating the act, however, in the official statutes (Stats. 1923, p. 727), the amended title was omitted.-Ed.] $548. Burning, destroying, etc., property insured. $549. Presenting false proofs in support of a claim upon policy of insurance. § 548. Burning, destroying, etc., insured property. Every person who willfully burns or in any other manner injures, destroys, secretes, abandons, or disposes of any property which at the time is insured against loss or damage by fire, theft, or embezzlement, or any casualty with intent to defraud or prejudice the insurer, whether the same be the property or in the possession of such person or any other person, is punishable by imprisonment in the state prison for not less than one year and not more than ten years. [Amendment approved 1923; Stats. 1923, p. 727.] Arson: See ante, § 447. California Jurisprudence: See article Insurance. A. L. R. Note: Ownership of property as affecting criminal liability for burning thereof, note 17 A. L. R. 1168. Legislation § 548. 1. Enacted February 14, 1872, and then read: "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." The section was based on Field's Draft, § 632, N. Y. Pen. Code, $578. The code commissioners say: "This section is substituted for 7 of the act of April 19, 1856 (Stats. 1856, p. 132), and is extended to include every injury to property insured." 2. Amended by Stats. 1921, p. 99, by adding the words "secretes, abandons or disposes of" and "or theft or embezzlement." 3. Amended by Stats. 1923, p. 727. There is no change in the amendment of 1923. § 549. Preparing, etc., false proof of loss. 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 or policy of insurance or indemnity whatsoever 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 a fine not exceeding one thousand dollars, or by both such fine and imprisonment. [Amendments approved 1923; Stats. 1923, p. 728.] This section before the amendment of 1923 did not include the offense of presenting a false or fraudulent claim upon a contract of accident insurance, and one convicted under an information attempting to charge such an offense will be discharged on habeas corpus. Matter of Application of Wilson, 30 Cal. App. 567, 158 Pac. 1050. Notice and proof of loss: See Civ. Code, §§ 2633-2637. Legislation § 549. 1. Enacted February 14, 1872; almost identical with Field's Draft, § 633, N. Y. Pen. Code, § 579. As enacted in 1872, the section read: "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 a fine not exceeding one thousand dollars, or by both." 2. Amended by Stats. 1923, p. 728, the change consisting (1) in adding the words "or policy" after the word "contract"; (2) by adding the words "or indemnity whatsoever" after the word "insurance"; (3) by adding at the end of the section the words "such fine and imprisonment." CHAPTER XII. False Weights and Measures. § 552. "False weight" and "measure" defined. § 553. Using false weights or measures. § 554. § 555. Stamping false weight, measure, or tare on casks or packages. § 556. Sale of coal. § 552. "False weight" and "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. Weights and measures: See Pol. Code, §§ 3209-3223. Weights and measures: See Acts of 1911, p. 383, and 1913, p. 1086, General Laws, Acts 4384, 4385. California Jurisprudence: See article Weights and Measures. A. L. R. Note: Validity of statute or ordinance as to "containers," note 5 A. L. R. 1068. Legislation § 552. Enacted February 14, 1872. The code commissioners say: "Based on the act of April 4, 1861 (Stats. 1861, p. 86), establishing a standard of weights and measures." § 553. Using false weights or measures. 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. California Jurisprudence: See article Weights and Measures. Legislation § 553. Enacted February 14, 1872; identical with Field's Draft, § 634, N. Y. Pen. Code, § 580. The code commissioners say: "Founded upon § 14 of the act cited in note to preceding sec tion, and § 133 of the Crimes and Punishment Act of 1850. (Stats. 1850, p. 229.)" § 554. Stamping false weight, measure, or tare on casks or packages. Every person who knowingly marks or stamps false or short weight or measure, or false tare, on any cask or package, or knowingly sells, or offers for sale, any cask or package so marked, is guilty of a misdemeanor. California Jurisprudence: See article Weights and Measures. Legislation § 554. Enacted February 14, 1872; almost identical with Field's Draft, § 640, N. Y. Pen. Code, § 585. § 555. Sellers to give full weight. In all sales of coal, hay, and other commodities, usually sold by the ton or fractional parts 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 this section is guilty of a misdemeanor. California Jurisprudence: See article Weights and Measures. A. L. R. Note: Validity of statute or ordinance requiring commodities to be sold in a specified quantity or weight, note 6 A. L. R. 429. Legislation § 555. Added by Code Amdts. 1875-76, p. 112. § 556. Sale of coal. No person shall willfully or knowingly, with intent to defraud, sell or exchange, or offer or expose for sale or exchange, coal of a specific name or kind under any other name or description, or as the output of any mine other than the mine of which it is the product, and any person who shall violate any of the provisions of this section is guilty of a misdemeanor. California Jurisprudence: See articles Exchange of Property, vol. 11, p. 10; Sales. Legislation § 556. Added by Stats. 1915, p. 1290. |