or malicious conduct, or who, after obtaining such horse, vehicle, or other property, shall, with intent to defraud the owner, manager or proprietor of such livery or feed stable, keep the same for a longer period, or take the same to a greater distance than contracted for; or allow a feed bill or other charges to accumulate against such property, without paying there for; or abandon or leave the same, is guilty of a misdemeanor. En. Stats. 1903, 157, as section 5374. Renumbered 1905, 685. 537b (537). Renumbered, but not amended.-Code Commissioner's Note. § 538. Removing mortgaged personal property; further incumbrance or sale. Every person who, after mortgaging any of the property mentioned in section two thousand nine hundred and fifty-five of the Civil Code, excepting locomotives, engines, rolling stock of a railroad, steamboat machinery in actual use, and vessels, during the existence of such mortgage, with intent to defraud the mortgagee, his representatives or assigns, takes, drives, carries away, or otherwise removes or permits the taking, driving, or carrying away, or other removal of the mortgaged property, or any part thereof, from the county where it was situate when mortgaged, without the written consent of the mortgagee, or who sells, transfers, or in any manner further incumbers the said mortgaged property, or any part thereof, or causes the same to be sold, transferred, or further incumbered, is guilty of larceny, and is punishable accordingly; unless at or before the time of making such sale, transfer, or incumbrance, such mortgagor informs the person to whom such sale, transfer, or incumbrance is made, of the existence of the prior mortgage, and also informs the prior mortgagee of the intended sale, transfer, or incumbrance, in writing, by giving the name and place of residence of the party_to whom the sale, transfer, or incumbrance is to be made. En. Stats. 1893, 120. Am'd. 1905, 686. The amendment extends the operation of the section to cases where personal property is taken, removed, or driven from the county in which it is mortgaged with the intention of defrauding the mortgagagee. The change consists in the addition of the words "with intent to defraud the mortgagee, his representatives or assigns, takes, drives, carries away, or otherwise removes or permits the taking, driving or carrying away, or other removal of the mortgaged property, or any part thereof, from the county where it was situated when mortgaged, without the written consent of the mortgagee, or who."-Code Commmissioner's Note. There were formerly two sections of this number, one added March 9, 1903, which appears above as amended in 1905. The other, added March 11, 1903, has been amended and renumbered 538a in 1905 and appears below. § 538a. Misrepresentation of newspaper circulation. Every proprietor or publisher of any newspaper or periodical who shall willfully and knowingly misrepresent the circulation of such newspaper or periodical, for the purpose of securing advertising or other patronage, shall be deemed guilty of a misdemeanor. En. Stats. 1893, 132, as section 538. Renumbered and amended 1905, 686. 538a (538). Section 538 is renumbered 538a.-Code Commissioner's Note. See note to section 538, ante. § 538b. Wearing badge of secret society unless entitled to. Any person who willfully wears the badge, lapel button, rosette, or other recognized and established insignia of any secret society, order, or organization, or uses the same to obtain aid or assistance within this state, unless entitled to wear or use the same, under the constitution, by-laws, or rules and regulations, or other laws or enactments of such order or society, is guilty of a misdemeanor. En. Stats. 1905, 686. 538b (5432). This section consists of the matter now in section 5432. The change is made by placing the matter in a section in the proper chapter. By some inadvertence the legislature placed it in the chapter providing for the punishment of persons fraudulently fitting out and destroying vessels.-Code Commissioner's Note. CHAPTER IX. FRAUDULENTLY FITTING OUT AND DESTROYING VESSELS. 539. Captain or other officer willfully destroying vessel, etc. 540. Other person willfully destroying vessel, etc. § 541. Making false manifest, etc. §§ 542, 543. No sections. § 5432. Wearing the badge of secret order. (Repealed.) § 539. Captain or other officer willfully destroying vessel, etc. Every captain or other officer or person in command or charge of any vessel, who, within this state, willfully wrecks, sinks, or otherwise injures or destroys such vessel, or any cargo in such vessel, or willfully permits the same to be wrecked, sunk, or otherwise injured or destroyed, with intent to prejudice or defraud any other person, is punishable by imprisonment in the state prison not less than three years. En. February 14, 1872. § 540. Other person willfully destroying vessel, etc. Every person, other than such as are embraced within the Pen. Code-14 last section, who is guilty of any act therein specified, is punishable by imprisonment in the state prison for a term not exceeding ten years. En. February 14, 1872. § 541. Making false manifest, ctc. Every person guilty of preparing, making, or subscribing any false or fraudulent manifest, invoice, bill of lading, ship's register, or protest, with intent to defraud another, is punishable by imprisonment in the state prison not exceeding three years. En. February 14, 1872. §§ 542, 543. [No sections of these numbers.] § 54312. Wearing the badge of secret order. En. Stats. 1899, 90. Rep. 1905, 685. See ante, § 538b, note. CHAPTER X. FRAUDULENTLY KEEPING POSSESSION OF WRECKED PROPERTY. § 544. Detaining wrecked property after salvage paid. Unlawful taking of wrecked property. § 545. § 544. Detaining wrecked property after salvage paid. Every person who keeps any wrecked property, or the proceeds thereof, after the salvage and expenses chargeable thereon have been agreed to or adjusted, and the amount thereof has been paid to him, is punishable by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or both. En. February 14, 1872. Wrecks and wrecked property: Pol. Code, secs. 2403-2418. § 545. Unlawful taking of wrecked property. Every person who takes away any goods from any stranded vessel, or any goods cast by the sea upon the land, or found in any bay or creek, or knowingly has in his possession any goods so taken or found, and does not deliver the same to the sheriff of the county where they were found, or notify him of his readiness to do so within thirty days after the same have been taken by him, or have come into his possession, is guilty of a misdemeanor. En. February 14, 1872. Wrecks and wrecked property: Pol. Code, secs. 2403-2418. CHAPTER XI. FRAUDULENT DESTRUCTION OF PROPERTY INSURED. § 548. Burning or destroying property insured. § 549. Presenting false proofs upon policy of insurance. § 548. Burning or destroying property insured. Every person who willfully burns, or in any other manner injures or destroys any property which is at the time insured against loss or damage by fire or by any other casualty, with intent to defraud or prejudice the insurer, whether the same be the property of or in possession of such person or of any other, is punishable by imprisonment in the state prison not less than one nor more than ten years. En. February 14, 1872. Cal. Rep. Cit. 120, 169; 120, 687. § 549. Presenting false proofs upon policy of insurance. Every person who presents or causes to be presented any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insurance for the payment of any loss, or who prepares, makes, or subscribes any account, certificate of survey, affidavit, or proof of loss, or other book, paper, or writing with intent to present or use the same, or to allow it to be presented or used in support of any such claim, is punishable by imprisonment in the state prison not exceeding three years, or by fine not exceeding one thousand dollars, or by both. En. February 14, 1872. Notice and proof of loss: See Civ. Code, secs. 26332637. CHAPTER XII. FALSE WEIGHTS AND MEASURES. 552. "False weight" and "measure" defined. 553. Using false weights or measures. 554. Stamping false weight, etc., on casks or packages. 555. Weight by the ton or pound. § 552. "False weight" and "measure" defined. A false weight or measure is one which does not conform to the standard established by the laws of the United States of America. En. February 14, 1872. Weights and measures: See Pol. Code, secs. 3209-3223. § 553. Using false weights or measures. Every person who uses any weight or measure, knowing it to be false, by which use another is defrauded or otherwise injured, is guilty of a misdemeanor. En. February 14, 1872. § 554. Stamping false weight, etc., on casks or packages. Every person who knowingly marks or stamps false or short weight or measure, or false tare, on any cask or package, or knowingly sells, or offers for sale, any cask or package so marked, is guilty of a misdemeanor. En. February 14, 1872. § 555. Weight by the ton or pound. In all sales of coal, hay, and other commodities, usually sold by the ton or fractional parts thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton; and in all sales of articles which are sold in commerce by avoirdupois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound; and any person violating this section is guilty of a misdemeanor. En. Stats. 1875-6, 112. CHAPTER XIII. FRAUDULENT INSOLVENCIES BY CORPORATIONS, AND OTHER § 557. Frauds in subscriptions for stock of corporations. 8560. Misconduct of directors of stock corporations. 561. Savings-bank officer overdrawing his account. 562. Receiving deposits in insolvent banks. 563. Frauds in keeping accounts in books of corporations. 8564. Officer of corporation publishing false reports. § 563. Officer of corporation to permit an inspection. 566. Officer of railroad company contracting debt in its behalf exceeding its available means. § 567. 568. Debt contracted in violation of last section not invalid. § 569. Director present at meeting, when presumed to have assented to proceedings. § 570. Director absent from meeting, when presumed to have assented to proceedings. 571. Foreign corporations. § 557. Frauds in subscriptions for stock of corporations. Every person who signs the name of a fictitious person |