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§ 498. Stealing gas.

Every person who, with intent to injure or defraud, makes or causes to be made any pipe, tube, or other instrument, and connects the same, or causes it to be connected, with any main, service-pipe, or other pipe for conducting or supplying illuminating gas, in such manner as to supply illuminating gas to any burner or orifice, by or at which illuminating gas is consumed, around or without passing through the meter provided for the measuring and registering the quantity consumed, or in any other manner so as to evade payment therefor, and every person who, with like intent, injures or alters any gas meter or obstructs its action, is guilty of a misde

En. February 14, 1872.

meanor.

§ 499. Stealing water. Every person who, with intent to injure or defraud, connects or causes to be connected, any pipe, tube, or other instrument, with any main, service-pipe, or other pipe, or conduit or flume for conducting water, for the purpose of taking water from such main, service-pipe, conduit or flume, without the knowledge of the owner thereof, and with intent to evade payment therefor, is guilty of a misdemeanor. En. February 14, 1872.

Cal. Rep. Cit. 66, 215.

§ 499a. Stealing electricity a misdemeanor. Every person who, with intent to injure or defraud, shall unlawfully connect, or procure another to connect, with any electric apparatus or any electric wire, operated by any person, persons, or corporation authorized to generate, transmit, and sell electric current, without the knowledge and consent of such person, persons, or corporation operating such apparatus or wires, for the purpose of appropriating electric current for light, power, heat, or other use, and to evade payment therefor, or who shall, with like intent, injure or alter, or who shall procure to be injured or altered, any electric meter obstruct its working, or who shall procure the same to be maliciously tampered with and injured, shall be deemed guilty of a misdemeanor. En. Stats. 1901, 20.

or

$ 499b. Taking motor vehicle, bicycle, etc., temporarily, a misdemeanor. Any person who shall, without the permission of the owner thereof, take any automobile, bicycle, motorcycle, or other vehicle, for the purpose of temporarily using or operating the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding two hundred dollars, or by imprisonment not exceeding three months, or by both such fine and imprisonment. En. Stats. 1905, 185.

§ 500. Larceny of goods saved from fire in San Francisco. Every person who, in the city and county of San Francisco, saves from fire or from a building endangered by fire, any property, and for two days thereafter corruptly neglects to notify the owner or fire marshal thereof, is punishable by imprisonment in the state prison for not less than one nor more than ten years. En. February 14, 1872.

Property rescued from fire: See Pol. Code, sec. 3343.

$ 501. Purchasing or receiving in pledge junk, etc. Every person who purchases or receives in pledge or by way of mortgage from any person under the age of sixteen years any junk, metal, mechanical tools, or implements, is guilty of a misdemeanor. En. Stats. 1871-2, 684.

$ 502. Applies secs. 339, 342, and 343 to junk dealers. (Repealed.) En. Stats. 1871-2, 684. Rep. 1901, 75.

Cal. Rep. Cit. 55, 306.

§ 50212. Removal of mortgaged property. Every person who, after mortgaging any real property, and during the existence of such mortgage, or after such mortgaged property shall have been sold under an order and decree of foreclosure, and with intent to defraud or injure the mortgagee, his representatives, successors, or assigns, or the purchaser of such mortgaged premises at such foreclosure sale, his representatives or assigns, takes, removes, or carries away from such mortgaged premises, or otherwise disposes of, or permits the taking, removing, or carrying away, or otherwise disposing of, any house, barn, windmill, or water-tank, upon or affixed to such premises as an improvement thereon, without the written consent of the mortgagee, his representatives, successors, or assigns, of the purchaser at such foreclosure sale, his representatives or assigns, is guilty of larceny, and shall be punished accordingly. En. Stats. 1895, 78.

See post, sec. 538, in the case of chattel mortgage.

CHAPTER VI.

EMBEZZLEMENT.

§ 503.

"Embezzlement'defined. $ 504.

When officer, etc., guilty of embezzlement. § 505. Carrier, when guilty of embezzlement. $ 506. When trustee, banker, etc., guilty of embezzlement.

507. When bailee, tenant, or lodger guilty of embezzlement. $ 508. When clerk, agent, or servant guilty of embezzlement. $ 509. Distinct act of taking.

510. Evidence of debt undelivered a subject of embezzlement. $ 511. Claim of title a ground of defense. § 512. Intent to restore property. $513. Actual restoration a ground for mitigation of punishment.

514. Punishment.

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§ 503. “Embezzlement" defined. Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted. En. February 14, 1872. Cal. Rep. Cit. 61, 135; 69, 237; 77, 563; 82, 586; 91, 269;

91, 272; 100, 468; 108, 545; 120, 694; 124, 453; 133,

280; 133, 329; 136, 443; 142, 218; 143, 594. See ante, sec. 425.

§ 504. When officer, etc., guilty of embezzlement. Every officer of this state, or of any county, city, city and county, or other municipal corporation or subdivision thereof, and every deputy, clerk, or servant of any such officer, and every officer, director, trustee, clerk, servant, or agent of any association, society or corporation, (public or private) who fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control by virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement. En. February 14, 1872. Am’d. 1880, 8. Cal. Rep. Cit. 66, 274; 69, 237; 82, 586; 106, 312; 108,

541; 108, 542; 124, 453; 124, 454; 124, 455; 134, 303;

136, 451; 143, 67; 143, 68. Public moneys: See ante, sec. 424; and post, sec. 514.

$ 505. Carrier, when guilty of embezzlement. Every carrier or other person having under his control personal property for the purpose of transportation for hire, who fraudulently appropriates it to ny use or purpose, inconsistent with the safe-keeping of such property and its transportation according to his trust, is guilty of embezzlement, whether he has broken the package in which such property is c«ntained, or has otherwise separated the items thereof, or not. En. February 14, 1872.

§ 506. When trustee, banker, etc., guilty of embezzlement. Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property for the use of any other person, who fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement. En. February 14, 1872.

Cal. Rep. Cit. 69, 237; 116, 390; 136, 443.

§ 507. When bailee, tenant, or lodger guilty of embezzlement. Every person intrusted with any property as bailee, tenant, or lodger, or with any power of attorney for the sale or transfer thereof, who fraudulently converts the same or the proceeds thereof to his own use, or secretes it or them with a fraudulent intent to convert to his own use, is guilty of embezzlement. En. February 14, 1872.

Cal. Rep. Cit. 51, 379; 71, 389; 77, 563; 133, 329; 138, 465.

§ 508. When clerk, agent, or servant guilty of embezzlement. Every clerk, agent, or servant of any person who fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any property of another which has come into his control or care by virtue of his employment as such clerk, agent, or servant, is guilty of embezzlement. En. February 14, 1872. Cal. Rep. Cit. 66, 345; 69, 237; 71, 391; 77, 182; 77, 563;

100, 486; 143, 594. Embezzlement: See secs. 507, 508.

§ 509. Distinct act of taking. A distinct act of taking is not necessary to constitute embezzlement. En. February 14, 1872.

Embezzlement and larceny distinguished: See ante, secs. 484, 503.

•§ 510. Evidence of debt undelivered a subject of embezzlement. Any evidence of debt, negotiable by delivery

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 Vote.

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

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