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§ 178. [Repealed March 21, 1905; in effect in sixty days.]
§ 179. [Repealed March 21, 1905 ; in effect in sixty days.]
Note.-88 178, 179. These sections were, in the Circuit Court of the United States, Ninth Judicial District, explicitly held to be in violation of the Constitution of the United States, on May 22, 1880. (In re Parrott, 5 Pac. Coast L. J. 161.) They are now obsolete. An ordinance in somewhat similar terms was also held unconstitutional in Ex parte Kerboch, 85 Cal. 274.
PART 1. TITLE IX.
Chapter 11. Abandonment and Neglect of Children. SEC, 273c. Disposition of fines collected in the prosecution of crines
$ 273c. All fines, penalties, and forfeitures imposed and collected under the provisions of the five preceding sections, or under the provisions of any law relating to, or affecting, children, in every case where the prosecution is instituted or conducted by a society incorporated under the laws of this State for the prevention of cruelty to children, inure to such society in aid of the purposes for which it is incorporated. [New section; approved March 22, 1905; in effect in sixty days.]
Note.- 273c. This is a codification of Section 5 of the statute of 1877-8, p. 814.
SEC. 273€. Children prohibited from delivering messages to certain
places. § 273e. Every telephone, special delivery company or association, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter, and every manager, superintendent, or other agent of such person, corporation, or association, who sends any minor in the employ or under the control of any such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of questionable repute, or to any person connected with, or any inmate of, such house, theater, or other place, or who permits such minor to enter such house, theater, or other place, is guilty of a misdemeanor. [New section; approved March 22, 1905; in effect in sixty days.]
Note.~$ 273e. The matter in Section 1389, which incorrectly stood in a chapter entitled “Dismissal of the Action,' has been put into a new section designated as 273e, and placed in its proper chapter, with the other sections relative to children, and Section 1389 accordingly repealed.
PART I. TITLE X.
Of Crimes Against the Public Health and Safety. SEC. 369b. Confining animals in cars for longer than certain time.
§ 3696. Any officer, agent or conductor of any company or person operating any railroad in this State, who in carrying and transporting cattle, sheep, or swine in carload lots, confines the same in cars for a longer period than thirty-six consecutive hours, without unloading for rest, water and feeding, for a period of at least ten consecutive hours, is guilty of a misdemeanor. In estimating such time of confinement, the period during which the animals have been confined without such rest on connecting roads from which they are received, must be computed. In case the owner or person in charge of such animal refuses or neglects to pay for the care and feed of animals so rested, the company or person operating such railroad may charge the expense thereof to the owner or consignee and retain a lien upon the animals therefor until the same is paid. [New section; approved March 21, 1905; in effect in sixty days.]
Note.-8 3696. This is a codification of the statute of 187778, page 969.
SEC. 504. When officer, etc., guilty of embezzlement. § 504.
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. [Amendment in effect April 6, 1880.]
66 Cal. 274; 69 Cal. 237; 82 Cal. 586; 106 Cal. 312; 108 Cal. 541; 124 Cal. 453; 134 Cal. 303; 136 Cal. 451.
Chapter XIII. Fraudulent Insolvencies of Corporations
and Other Frauds in Their Management.
SEC. 557. Frauds in subscription for stock of corporations.
558. Frauds in organization or increasing capital.
565. Officer must permit inspection of books. 566-567. Debt of railway.
568. Director presumed to know condition of corporation.
572. Director of, defined. $ 557. Every person who signs the name of a fictitious person to any subscription for or agreement to take stock in any corporation existing or proposed, and every person who signs to any subscription or agreement the name of any person, knowing that such person has not means or does not intend in good faith to comply with all the terms thereof, or under any understanding or agreement that the terms of such subscription or agreement are not to be complied with or enforced, is guilty of a misdemeanor.
$ 558. Every officer, agent, or clerk of any corporation, or of any persons proposing to organize a corporation, or to increase the capital stock of any corporation, who knowingly exhibits any false, forged, or altered book, paper, voucher, security, or other instrument of evidence, to any public officer or board authorized by the law to examine the organization of such corporation, or to investigate its affairs, or to be allowed an increase of its capital, with intent to deceive such officer or board in respect thereto, is punishable by imprisonment in the State prison not less than three nor more than ten years.
8 559. Every person who, without being authorized so to do, subscribes the name of another to or inserts the name of another in any prospectus, circular, or other advertisement or announcement of any corporation or joint-stock association, existing or intended to be formed, with intent to permit the same to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member, or promoter of such corporation or association, is guilty of a misdemeanor.
$ 560. Every director of any stock corporation who concurs in any vote or act of the directors of such corporation or any of them, by which it is intended, either
1. To make any dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law; or,
2. To divide, withdraw, or in any manner, except as provided by law, pay to the stockholders, or any of them, any part of the capital stock of the corporation; or,
3. To discount or receive any note or other evidence of debt in payment of any installment actually called in and required to be paid, or with the intent to provide the means of making such payment; or,
4. To receive or discount any note or other evidence of debt, with the intent to enable any stockholder to withdraw any part of the money paid in by him, or his stock; or,
5. To receive from any other stock corporation, in exchange for the shares, notes, bonds, or other evidences of debt of their own corporation, shares of the capital stock of such other cor
poration, or notes, bonds, or other evidences of debt issued by such other corporation; —is guilty of a misdemeanor.
72 Cal. 56; 116 Cal. 415. $ 561. Every officer, agent, teller, or clerk of any savings bank, who knowingly overdraws his account with such bank, and thereby wrongfully obtains the money, note, or funds of such bank, is guilty of a misdemeanor.
$ 562. Every officer, agent, teller, or clerk of any bank, and every individual banker, or agent, teller, or clerk of any individual banker, who receives any deposits, knowing that such bank, or association, or banker is insolvent, is guilty of a misdemeanor.
$ 563. Every director, officer, or agent of any corporation or joint-stock association, who knowingly receives or possesses himself of any property of such corporation or association, otherwise than in payment of a just demand, and who, with intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of such corporation or association, and every director, officer, agent, or member of any corporation or joint-stock association who, with intent to defraud, destroys, alters, mutilates, or falsifies any of the books, papers, writings, or securities belonging to such corporation or association, or makes, or concurs in making, any false entries, or omits, or concurs in omitting to make any material entry in any book of accounts, or other record or document kept by such corporation or association, is punishable by imprisonment in the State prison not less than three nor more than ten years, or by imprisonment in a county jail not exceeding one year, and a fine not exceeding five hundred dollars, or by both such fine and imprisonment.
53 Cal. 615; 103 Cal. 202. $ 564. Every director, officer, or agent of any corporation or joint-stock association, who knowingly concurs in making, publishing, or posting either generally or privately to the stockholders or other persons, any written report, exhibit, or statement of its affairs or pecuniary condition, or book or notice containing any material statement which is false, or any untrue or willfully or fraudulently exaggerated report,