ment in the State prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

See Civ. Code, § 1814.

579. No person can be convicted of an offense 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 descrip tion 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.

See Civ. Code, § 1817.

580. 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

See Civ. Code, § 2130.

581. 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 im. prisonment in the State prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both. See Pol. Code. §§ 3152-3157.

582 of said Code is repealed. [Approved March 30th, in effect July 1st, 1874.

See Civ. Code, §§ 2127, 2128.

583. The last two sections do not apply where prop. erty is demanded or sold by virtue of process of law.

CHAPTER XV.

MALICIOUS INJURIES TO 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 lines.

§ 592. Taking water from or obstructing canals.

587. 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 mouths.

Injuries to railroads.-Willfully placing an obstruction on a railroad track is within this section-59 Ala. 98; and the obstruction must be such as to endanger life-7 Tex. Ct. App. 462; and that the defendant was impelled by other motives than to injure the train, is no defense2 Moody & R. 339; nor is it a defense, if the intent to endanger the safety of passengers is proved, that the train was a freight train-1 Fost. & F. 37; but see 6 Cox C. C. 202. Willfully throwing anything upon a train, so as to endanger the safety of passengers, is an indictable offense-10 Jur. 211; but if the intent was only to commit an assault on a person on the train, the case is not sustained-1 Fost. & F. 107. Obstructions or injuries, as changing the signals so as to slow the trainLaw R. 1 C. C. 253; or stretching out the arms as a signal--id. 279; or maliciously placing stones on the track, with intent to injure any car, is indictable-5 Cox C. C. 298.

588. 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.

589. Every person who maliciously injures or destroys any toll-house or turnpike gate, is guilty of a misde

meanor.

590. 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 misdemeanor.

591. Every person who maliciously takes down, removes, injures, or obstructs any line of telegraph, or any part thereof, or appurtenance or apparatus connected therewith, or severs any wire thereof, is guilty of a misdemeanor.

592. 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, or domestic uses, or who shall, without like authority, raise, lower, or otherwise disturb any gate or other appurtenance 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. [Approved April 1st, 1878.]

TITLE XIV.

Malicious Mischief.

5594. Malicious mischief in general, defined.

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

tion.

§ 596. Poisoning cattle.

§ 597. Killing, maiming, or torturing animals.

§ 598. Killing, etc., birds in cemeteries.

$599. Killing seals. [Repealed.]

§ 600. Burning buildings, etc., not the subject of arson.

§ 601. Using gunpowder, etc., in destroying or injuring any buildings. § 602. Malicious injuries to freehold.

$ 603.

Limitation upon the operations of the preceding section.

§ 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. Removing buoys and beacons.

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

§ 611. Obstructing navigable streams.

§ 612. Depositing sand, dust, etc., in Humboldt Bay.

§ 613. 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 message.

§ 620. Altering telegraphic messages.

§ 621. Opening telegrams.

§ 622. Injuring works of art or improvements.

§ 623. Destroying works of literature, etc., in publie Hbraries.

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

625. Drawing water from works after they have been closed.

594. Every person who maliciously injures or destroy any real or personal property not his own, in cases otherwise than such as are specified in this Code, is guilty of a misdemeanor.

Malicious mischief.-Malicious mischief is the willful injury or de struction of personal property, from ill-will or resentment toward its owner, or out of a spirit of wanton cruelty or revenge-3 Dev. & B. 130, 110 Mass. 401; 3 Cush. 558. The essence of the offense is injury to prop erty-5 Parker Cr. R. 185; 26 Ohio St. 265; whether the possession te the property was rightful or wrongful-7 Barb. 9; 8 Humph. 37; 52 Ind. 478; 14 Kan. 296; 33 Me. 361; or, though the title to the property be ir. dispute between the parties-4 Moody & R. 431; but see 52 Ind. 478; and ownership need not be averred-101 Mass. 84; 32 Tex. 611; and see 43 id. 433; but an honest belief in title is a defense-14 Kan. 296; 62 Ind. 437; 14 Cox C. C. 5; especially where the trespass is the removal of fences-45 Ind. 388. So, consent of the owner is a defense-21 Me. 341; 11 Tex. 368. The injury must be such as to impair utility-2 Met. 21. At common law, the act of injury must be done with a breach of the peace-3 Vt. 344; 3 Tex. 312; 10 Ired. 17; or to the scandal of the pubfic-2 Cranch C. C. 259; 4 id. 483; or be marked by a malignant cruelty -52 Ind. 478.

Must be willful.-Neither negligent injury, nor injury inflicted in hot blood will constitute the offense-3 Cushi. 558; 3 Dev. & B. 130; 52 Ind. 478; 10 Iowa, 115; 1 Minn. 232; 51 Miss. 353; 12 Cox C. C. 607; the act must be willfully and maliciously done-1 Up. Can. Q. B. 155.

The malice.-Malice is the gravamen of the offense, without which it would be mere trespass-43 Ala. 330; 44 id. 380; 72 N. C. 201; 3 Dutch. 124; 49 Miss. 331; 51 id. 353; but see 37 Ala. 457; 23 Ga. 190. There must be malice toward the owner or possessor of the property-7 Ala. 728: 43 id. 330: 44 id. 380; 30 Ga. 325; 13 Ired. 33; 10 Iowa, 115; 49 Miss. 331 64 N. C. 23: 79 id. 656; 41 Tex. 622; 3 Yerg. 278; 3 Heisk. 457; but see Tenn. 305; 26 Ohio St. 176; 1 Car. & K. 705; but it need not be express malice, nor need any general bad purpose or design be entertained15 l'ick. 337; 9 Met. 410. A malicious injury is an injury committed willfully and wantonly and without cause or excuse-34 Cal. 48; 36 id. 255; 3 Story, 7; 1 Sum. 394; 2 id. 556; 3 Mason, 102; 4 id. 115; 5 id. 192; 23 Mo. 237; 122 Mass. 19; 12 Tex. 432; 25 id. 33. So, malignant cruelty irrespective of special malice is sufficient, if it shock or scandalize the community-4 Cranch C. C. 453; 23 Ga. 10; 26 Ohio St. 176; or if the act be done with the spirit of wanton cruelty or wicked revenge-3 Cush. 553; 44 Ala. 381. See 5 Parker Cr. R. 563; 64 N. C. 23; 43 Ala. 330. It is a question of fact-3 How. 292; 4 Barn. & C. 247; see 24 How. 552; and may be inferred from facts and circumstances-43 Ala. 335; 44 id. 381; 42 Ind. 354; 3 Yerg. 278; 13 Cox C. C. 121; as secretly committing the act in the night-tiine, or where the injury was peculiarly wanton5 Parker Cr. R. 568; 64 N. C. 23; 43 Ala. 330. It will be inferred from an unlawful act-5 Allen, 2; or from the instrument used-43 Ala. 335; or it may be negatived by proof of a friendly purpose-4 Car. & P. 363; or necessity-30 Ga. 325; 6 Jones, (N. C.) 276; 3 Cox C. C. 505. If the injury is not wanton, or done under belief of a right, without malice, it is not malicious mischief-3 Dev. & B. 130; 43 Alá. 335; 44 id. 381; 8 Humph. 37; 10 Iowa, 115; 64 N. C. 23; 3 Yerg. 276.

Offense generally.-It is malicious mischief to do any act which will sustain an indictment for arson-32 Me. 183; so, setting fire to barrels of tar belonging to another constitutes the offense-2 Hawks, 460; so, knowingly meddling with a fire-alarm box-2 Met. 21; or cutting a rope attached to a banner-17 N. II. 543; or cutting off a few feet of cable-2 Met. 21; or tearing up notes-1 ball. 338; or discharging a gun to annoy a sick person-9 Pick. 1; or indecently breaking into a room for the same purpose-5 Binn. 277; 15 Pa. St. 5; or putting irritating substances on a towel, and in a tub used by others-1 Wheel. C. C. 490; or cantharides in rum, is malicious mischief-2 Car. & K. 912; 1 Cox C. C. 282; 2 Moody & R. 531; but willfully and maliciously destroying the saddle-bags of a traveler-6 Humph. 283; or tearing down corn-5 Ired. 264; or pulling up cabbages, has been held not malicious mischief -6 Gray, 349.