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by imprisonment in the county jail not exceeding six months, or both. En. February 14, 1872.

Cal. Rep. Cit. 64, 341; 66, 186; 73, 444; 109, 266.

§ 491. Dogs property. Dogs are personal property, and their value is to be ascertained in the same manner as the value of other property. En. February 14, 1872. Am'd. 1887, 131.

Cal. Rep. Cit. 80, 549.

Malicious injury to animal: Post, sec. 597.

§ 492. Larceny of written instruments. If the thing stolen consists of any evidence of debt, or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen. En. February 14, 1872.

Cal. Rep. Cit. 90, 573.

§ 493. Value of passage tickets. If the thing stolen is any ticket or other paper or writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railroad or vessel or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such conveyance is the value of such ticket, paper, or writing. En. February 14, 1872.

§ 494.

Written instruments completed but not delivered. All the provisions of this chapter apply where the property taken is an instrument for the payment of money, evidence of debt, public security, or passage ticket, completed and ready to be issued or delivered, although the same has never been issued or delivered by the makers thereof to owner. a purchaser or any person as En. February 14, 1872.

Embezzlement of evidence of debt: Post, sec. 510.

§ 495. Severing and removing part of the realty. The provisions of this chapter apply where the thing taken is

Pen. Code-13

any fixture or part of the realty, and is severed at the time of the taking, in the same manner as if the thing had been severed by another person at some previous time. En. February 14, 1872.

Although outstanding crops are part of the realty, they are subjects of larceny: See post, Appendix, title Larcery.

Act to punish stealing from mining claim, etc.: See post, Appendix, title Larceny.

Severing personalty from realty: See post, Appendix, title Larceny.

§ 496. Receiver of stolen property. Every person who, for his own gain, or to prevent the owner from again possessing his property, buys or receives any personal property, knowing the same to have been stolen, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding six months; and it shall be presumptive evidence that such property was stolen, if the same consists of jewelry, silver, or plated ware, or articles of personal ornament, if purchased or received from a person under the age of eighteen years, unless such property is sold by such minor at a fixed place of business carried on by such minor or his employer. En. February 14, 1872. Am'd. 1873-4, 464; 1905, 718.

The change consists in the omission of the words "or both" after "months.' Obviously it was not the intention of the legislature that the same offense should be punishable by imprisonment in both the state prison and the county jail.-Code Commissioner's Note.

Cal. Rep. Cit. 89, 495; 89, 499; 90, 573; 94, 574; 135, 62; 135, 63.

§ 497. Larceny, and receiving stolen or embezzled property out of the state. Every person who, in another state or country, steals or embezzles the property of another, or receives such property knowing it to have been stolen or embezzled, and brings the same into this state, may be convicted and punished in the same manner as if such larceny, or embezzlement, or receiving, had been committed in this state. En. February 14, 1872. Am'd. 1905, 718.

The object of the amendment is to enlarge the scope of the section to include cases of embezzlement, and to accomplish this purpose the words "or embezzle" have been inserted after "steals," the word "embezzled" has been inserted after "stolen,' and the words "or embezzlement" have been inserted after "larceny."-Code Commissioner's Note.

§ 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 misdemeanor. En. February 14, 1872.

§ 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 or who shall procure the same to with and injured, shall be deemed En. Stats. 1901, 20.

obstruct its working, or be maliciously tampered guilty of a misdemeanor.

§ 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.

85022. 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 mortgagce, 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.

504.

"Embezzlement" defined.

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.
Claim of title a ground of defense.

§ 511.

512.

Intent to restore property.

513. Actual restoration a ground for mitigation of punishment. § 514. Punishment.

§ 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.

Every

§ 505. Carrier, when guilty of embezzlement. carrier or other person having under his control personal property for the purpose of transportation for hire, who fraudulently appropriates it to any use or purpose, inconsistent with the safe-keeping of such property and its trans

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