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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. En. February 14, 1872.

§ 580. Duplicate receipts must be marked "duplicate." 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. En. February 14, 1872.

Duplicate bills: See Civ. Code, sec. 2130.

§ 581. Selling, etc., property received for transportation or storage. 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. En. February 14, 1872.

§ 582. Bill of lading or receipt issued by warehouseman. (Repealed.) En. February 14, 1872. Rep. 1873-4, 434.

§ 583. Property demanded by process of law. The last two sections do not apply where property is demanded or sold by virtue of process of law. En. February 14, 1872.

MALICIOUS

CHAPTER XV.

INJURIES ΤΟ RAILROAD

BRIDGES, HIGHWAYS,

BRIDGES, AND TELEGRAPHS.

§ 587. Injuries to railroads and railroad bridges.

588. Injuries to highways, private ways, and bridges. 589. Injuries to toll-houses and gates.

590. Injuries to milestones and guide-boards.

591. Injuring telegraph or telephone lines.

592. Taking water from or obstructing canals.

593. Penalty for interference with electric wires.

593a. Driving nails, etc., in wood intended for manufacture of lumber.

§ 587. Injuries to railroads and railroad bridges. 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. En. February 14, 1872.

Cal. Rep. Cit. 75, 571.

§ 588. Injuries to highways, private ways, and bridges. 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. En. February 14, 1872.

Cal. Rep. Cit. 136, 456; 136, 550.

§ 589. Injuries to toll-houses and gates. Every person who maliciously injures or destroys any toll-house or turnpike gate, is guilty of a misdemeanor. En. February 14,

1872.

§ 590. Injuries to milestones and guide-boards. 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. En. February 14, 1872.

§ 591. Injuring telegraph or telephone lines. Every person who maliciously takes down, removes, injures, or obstructs any line of telegraph or telephone, or any other line used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, or severs any wire thereof, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1905, 683.

The change consists in the insertion of the words "or telephone, or any other line used to conduct electricity."-Code Commissioner's Note. Cal. Rep. Cit. 127, 315; 127, 317.

§ 592. Taking water from or obstructing canals. 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, irrigating or generation of power or domestic uses, or who shall, without like authority, raise, lower, or otherwise disturb any gate or other apparatus 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. En. 1877-8, 118. Am'd. 1899,

146.

§ 593. Penalty for interference with electric wires. Every person who unlawfully and maliciously takes down, removes, injures, interferes with, or obstructs any line

erected or maintained by proper authority for the purpose of transmitting electricity for light, heat, or power, or any part thereof, or any insulator or cross-arm, appurtenance or apparatus connected therewith, or severs or in any way interferes with any wire, cable, or current thereof, is punishable by imprisonment in the state prison not exceeding five years, or by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one years. En. Stats. 1901, 92.

§ 593a. Driving nails, etc., in wood intended for manufacture of lumber. Every person who maliciously drives or

places in any saw-log, shingle-bolt, or other wood, any iron, steel, or other substance sufficiently hard to injure saws, knowing that such saw-log, shingle-bolt, or other wood is intended to be manufactured into any kind of lumber, is guilty of a felony. En. Stats. 1905, 683.

This is a codification of the statute of 1875-6, page 32, relating to the protection of lumber manufacturers.-Code Commissioner's Note.

$ 594.

TITLE XIV.

MALICIOUS MISCHIEF.

Malicious mischief in general, defined.

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

§ 596. Poisoning cattle.

$ 597.

Killing, maiming, or torturing animals.

597a. Unnecessary torture, suffering, or cruelty.

597b. Fighting animals.

§ 597c. Training for fighting, or being present at fight. 597d. Arrests without warrants.

597e. Impounding without food or water.

597f. Permitting animals to go without care.

597g. Keepers of stallions, etc.

598. Killing, etc., birds in cemeteries.

§ 598a. Killing or detaining homing pigeons.

§ 599. Killing gulls or cranes, destroying nests or eggs.

8 599. Elk, killing of a felony.

§ 599a. Prosecution.

§ 599b. Words defined.

§ 599c. Not to interfere with game laws.

599d. Docking of tails.

599e. Animals to be killed, when unfit for work.

600. Burning structures, etc., not the subject of arson.

601. Using explosives, in destroying or injuring buildings, etc.

602. Malicious injury to freehold.

603. Limitation upon the operations of the preceding section. (Re

pealed.)

§ 604. Injuries to standing crops, etc.

§ 605. Removing, defacing, or altering landmarks.

606. Destroying or injuring jails.

607. Destroying or injuring bridges, dams, etc.

608. Burning or injuring rafts. Setting adrift vessels.

§ 609.

Damages, etc., to buoy and beacon.

610. Masking or removing signals, or exhibiting false lights.

§ 611. Obstructing navigable streams.

612.

§ 613.

Depositing sawdust, etc., in Humboldt Bay.

Throwing overboard ballast, or obstructing navigation.

614. Mooring vessels to buoys.

615. Injuries to signals, etc., in United States survey.

616. Destroying or tearing down notices, etc.

617. Injuring or destroying written instrument.

§ 618. Opening or publishing sealed letters.

619. Disclosing contents of telegraphic or telephonic message, 620. Altering telegraphic or telephonic messages.

§ 621. Opening telegraphic or telephonic messages.

§ 622. Injuring works of art or improvements.
§ 623. Destroying books, etc., in public libraries.
623. Detaining books, etc., from public libraries.

§ 624. Breaking or obstructing water-pipes, etc.

625. Drawing water from works after they have been closed. § 625a. Unlawful interference with fire-alarm apparatus; penalty.

§ 594. Malicious mischief in general, defined. 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. En. February 14, 1872.

Jurisdiction of police court: See Pol. Code, sec. 4426.

§ 595. Specifications in following sections not restrictive of last section. 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. En. February 14, 1872.

§ 596. Poisoning cattle. 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. En. February 14, 1872.

Cal. Rep. Cit. 81, 212; 81, 213.

See ante, sec. 594; post, sec. 597.

§ 597. Killing, maiming, torturing, etc., animals. Every person who maliciously kills, maims, or wounds an animal, the property of another, or who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink or shelter, or to be cruelly beaten, mutilated or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the same, or in any manner abuses any animal, or fails to provide the same with proper food, drink, shelter or protection from the weather, or who cruelly drives,

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