only, and actually executed, is the subject of embezzlement, whether it has been delivered or issued as a valid instrument or not. En. February 14, 1872. See also, ante, sec. 494. § 511. Claim of title a 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. But this provision does not excuse the unlawful retention of the property of another to offset or pay demands held against him. En. February 14, 1872. Cal. Rep. Cit. 77, 562; 120, 26. § 512. Intent to restore property. The fact that the accused intended to restore the property embezzled, is no ground of defense or mitigation of punishment, if it has not been restored before an information has been laid before a magistrate, or an indictment found by a grand jury, charging the commission of the offense. En. February 14, 1872. Am'd. 1905, 682. The change consists in the insertion of the words "or an indictment found by a grand jury,' after "magistrate."-Code Commissioner's Note. Cal. Rep. Cit. 135, 308; 138, 464. § 513. Actual restoration a ground for mitigation of punishment. Whenever, prior to an information laid before a magistrate, or an indictment found by a grand jury, charging the commission of embezzlement, the person accused voluntarily and actually restores or tenders restoration of the property alleged to have been embezzled, or any part thereof, such fact is not a ground of defense, but it authorizes the court to mitigate punishment, in its discretion. En. February 14, 1872. Am'd. 1905, 682. The change consists in the insertion of the words "or an indictment found by a grand jury," after "magistrate."-Code Commissioner's Note. Cal. Rep. Cit. 80, 56. Compromise by permission of court discharges prisoner, when: Post, sec. 1378. § 514. Punishment. 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 must be taken as its value; if the embezzlement or defalcation is of the public funds of the United States, or of this state, or of any county or municipality within this state, the offense is a felony, and is punishable by imprisonment in the state prison not less than one nor more than ten years; and the person so convicted is ineligible thereafter to any office of honor, trust, or profit in this state. En. February 14, 1872. Am'd. 1880, 8; 1905, 682. The amendment substitutes "in" for "under" before the word "this," thus making a person convicted of embezzlement ineligible to any office in this state, whether it be a state office or not.-Code Commissioner's Note. Cal. Rep. Cit. 61, 135; 91, 273; 94, 575; 116, 386. Embezzlement of public funds.-"No person convicted of the embezzlement or defalcation of the public funds of the United States, or of any state, or of any county or municipality therein, shall ever be eligible to any office of honor, trust, or profit under this state, and the legislature shall provide by law for the punishment of embezzlement or defalcation as a felony': Const. Cal. art. IV, sec. 21. CHAPTER VII EXTORTION. 518. 520. "Extortion" defined. 519. What threats may constitute extortion. 521. § 522. 523. § 524. Sending threatening letters with intent to extort. Attempts to extort by means of verbal threats. § 525. Officers of railroad companies making overcharges. § 526. Sale of tickets to theater, etc. § 518. "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. En. February 14, 1872. Cal. Rep. Cit. 81, 277; 93, 456; 123, 522; 123, 523; 126, 367; 127, 214. § 519. What threats may constitute extortion. 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 members of his family of any crime; or, 3. To expose, or impute to him or them any deformity or disgrace; or, 4. To expose any secret affecting him or them. En. February 14, 1872. Cal. Rep. Cit. 57, 563; 63, 491; 81, 277; 81, 278; 81, 279; 95, 641; 95, 642; 123, 523. Subd. 2—126, 367. Subd. 1. Injury to property: See sec. 523. § 520. Punishment of extortion in certain cases. 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 not exceeding five years. En. February 14, 1872. Cal. Rep. Cit. 81, 279. Robbery: Ante, sec. 211. § 521. Extortion committed 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 prescribed in this code, is guilty of a misdemeanor. En. February 14, 1872. See ante, sec. 518. § 522. Obtaining signature by means of threats. 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. En. February 14, 1872. § 523. Sending threatening letters with intent to extort. 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 five hundred and nineteen, is punishable in the same manner as if such money or property were actually obtained by means of such threat. En. February 14, 1872. Cal. Rep. Cit. 81, 278; 95, 641. Offense, when complete: See post, sec. 660. § 524. Attempts to extort by means of verbal threats. Every person who unsuccessfully attempts, by means of any verbal threat, such as is specified in section five hundred and nineteen, to extort money or other property from another, is guilty of a misdemeanor. En. February 14, 1872. Cal. Rep. Cit. 63, 491; 123, 523. § 525. Officers of railroad companies making overcharges. 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. En. February 14, 1872. Cal. Rep. Cit. 145, 637. Rate of charges: See Civ. Code, sec. 489. § 526. Sale of tickets to theater, etc. Every person who sells or offers for sale any ticket or tickets to any theater or other public place of amusement at a price in excess of that charged originally by the management of such theater or public place of amusement is guilty of a misdemeanor. En. Stats. 1905, 140. CHAPTER VIII. FALSE PERSONATION AND CHEATS. 528. Marrying under false personation. 529. Personating another in private or official capacity. 530. Receiving money or property in a false character. 531. Fraudulent conveyances. 532. Obtaining money, property or labor by false pretenses. 533. Selling land twice. 534. Married person selling lands under false representations. 535. Mock auction. 536. Consignee, false statement by. 537. Defrauding inn or boarding-house. 537. Removal of mortgaged chattels. (Repealed.) 5372. Fraudulent registration of cattle. 5374. Defrauding owner of livery stable a misdemeanor. 537a. Fraudulent registration of cattle. 537b. Defrauding owners of livery stables. § 538. Removing mortgaged personal property; further incumbrance or sale. § 538a. Misrepresentation of newspaper circulation. § 538b. Wearing badge of secret society unless entitled to. § 528. 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 towards another, with or without the connivance of such other, is guilty of a felony. En. February 14, 1872. Consent obtained by fraud: See Civ. Code, sec. 58. § 529. Personating another in private or official capacity. Every person who falsely personates another in either his private or official capacity, 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 such bail or surety; 2. Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, or used as true; or, 3. Does any other act whereby, if 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 |