Issuing fictitious erty, who issues any receipt, bill of lading, or other warehouse voucher for any merchandise of any description, which receipts. has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instrument is issued to a person as being the owner of such merchandise or as security for any indebtedness, is punishable by imprisonment in the State Prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both. NOTE.-Warehouseman is a person who receives goods and merchandise to be stored in his warehouse for hire.-Bouv. L. Dict., Vol. 2, p. 650. Wharfinger, one who owns or keeps a wharf for the purpose of receiving and shipping merchandise to and from it for hire.-Id., p. 660. Receipt, a written acknowledgment of * * delivery of chattels.-See, also, Hooper vs. Wells, Fargo & Co., 27 Cal., p. 11. Other depositary includes common carriers, forwarders, innkeepers, pawnbrokers, pledgees, etc.; it means one who receives personal property to be kept for the benefit of the depositor or a third party.-Civil Code, Sec. 1814. 579. No person can be convicted of an offense under the last two sections by reason that the contents of any barrell, 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. NOTE.-Div. III, Part IV, Title III, "Deposit," Civil Code Cal., Vol. 1, treats of deposits of every character. 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. NOTE.-Sec. 2130, and note, Civil Code Cal., provides for issuing several receipts or bills of lading; this is, of course, not prohibited by this section. hypothe eating, or pledging received 581. Every person mentioned in this Chapter, who Selling. sells, hypothecates, or pledges any merchandise for which any bill of lading, receipt, or voucher has been property issued by him, without the consent in writing thereto portation 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. NOTE.-Nothing in this section is intended to prevent the disposal of "unclaimed property," as provided in the Political Code Cal., by Secs. 3152-3157. 582. Every person mentioned in this Chapter, who delivers to another any merchandise for which any bill of lading, receipt, or voucher has been issued, unless such receipt or voucher bore upon its face the words "Not negotiable," plainly written or stamped, or unless such receipt is surrendered to be canceled at the time of such delivery, or unless, in the case of a partial delivery, a memorandum thereof is indorsed upon such 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. NOTE.-See "negotiability," etc., of bills of lading, or storage. Bill of lading or receipt waremust be issued by Rep houseman canceled ery of the property. denianded 583. The last two sections do not apply where Property property is demanded or sold by virtue of process of law. NOTE. This Chapter corresponds with the New by process of law. 1774 Injuries to railroads and railroad bridges. Injuries to highways, private ways, and bridges. Injuries to toll houses CHAPTER XV. MALICIOUS INJURIES TO RAILROAD BRIDGES, HIGHWAYS, SECTION 587. Injuries to railroads and railroad bridges. 588. Injuries to highways, private ways, and bridges. 590. Injuries to milestones and guide boards. 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 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, branchway, 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. NOTE.-N. Y. P. C., Sec. 690; Stats. 1861, p. 625, Sec. 53. 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. NOTE.-N. Y. P. C., Sec. 692; Stats. 1861, p. 397, Sec. 20; 1861, p. 625, Sec. 53; 1855, p. 192, Secs. 12, 13. Political Code Cal., Secs. 3753-3755. 589. Every person who maliciously injures or de and gates. stroys any toll house or turnpike gate, is guilty of a misdemeanor. 590. NOTE.-N. Y. P. C., Sec. 693; Stats. 1853, p. 176, Sec. 32. Political Code Cal., Secs. 2749, 2750, 27512753. 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. NOTE.-N. Y. P. C., Sec. 694; Stats. 1853, p. 176, Sec. 32; Political Code Cal., Sec. 2646, Subd. 9-mile stones or posts, and guide posts; also, id., Secs. 2795, 2796. Injuries to and qui milestones guide telegraph 591. Every person who maliciously takes down, Injuring removes, injures, or obstructs any line of telegraph, or lines. any part thereof, or appurtenance or apparatus connected therewith, or severs any wire thereof, is guilty of a misdemeanor. NOTE.-Stats. 1862, p. 288, Sec. 8; N. Y. P. C., TITLE XIV. MALICIOUS MISCHIEF. SECTION 594. Malicious mischief in general, defined. 595. Specifications in following sections not restrictive of last section. 596. Poisoning cattle. 597. Killing, maiming, or torturing animals. 598. Killing, etc., birds in cemeteries. 599. Killing seals and sea lions within one mile of Cliff House. 600. Burning buildings and other property not the subject of arson. 601. Using gunpowder, etc., in destroying or injuring any 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. Malicious mischief in general, defined. SECTION 607. Destroying or injuring bridges, dams, levees, water dams, etc. 608. Burning or injuring rafts. Setting adrift vessels. 609. Removing buoys and beacons. 610. Masking or removing signal lights, or exhibiting false lights. 611. Obstructing navigable streams. 612. Depositing sand, dust, etc., in Humboldt Bay. 613. Throwing overboard ballast, or otherwise obstructing the navigation of any harbor, etc. 614. Mooring vessels to buoys. 615. Injuries to signals, monuments, etc., erected in United States Coast Survey. 616. Destroying or tearing down notices, etc., before expiration of time for which they were to remain set up. 617. Injuring or destroying written instrument. 618. Opening or publishing sealed letters. 619. Disclosing contents of telegraphic message. 620. Altering telegraphic messages. 621. Opening sealed envelops containing telegraphic dispatches. 622. Injuring works of art or improvements in any city, town, or village. 623. Destroying works of literature, etc., in public libraries. 624. Breaking or obstructing gas or water pipes, etc. 625. Drawing water from works after they have been closed. 594. 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. NOTE.-Subd. 4, Sec. 7, ante, declares: "The terms 'malice' and 'maliciously' (to) import a wish to ver, annoy, or injure another person, established either by proof or presumption of law." Says Bouv. in his Law Dict., vol. 2, p. 92, of the subject of this Titlemalicious mischief-it is "an expression applied to the wanton or reckless destruction of property and the willful perpetration of injury to the person." Willfully doing an act prohibited by law, and for which the law makes no excuse, does not sufficiently define the term "malicious mischief." To convict of the offense, as defined by Bouv., supra, it is said that the jury must find the injury to be done with a spirit of wanton cruelty or wicked revenge, and it is so held in Massachusetts-3 Cush., p. 558; 2 Metc., p. 21; but the Code does not require so much. See definition of "maliciously," supra. The text also includes injury, as well |