TITLE X.

TOLL BRIDGES AND FERRIES.

§ 386. Maintaining bridge or ferry without authority.
§ 387. Violating condition of undertaking to keep ferry.
§ 388. Riding or driving faster than walk on toll bridges.
§ 389. Crossing toll bridges without paying toll.

MAINTAINING BRIDGE OR FERRY WITHOUT AUTHORITY.

Sec. 386, Pen. C. Every person who demands or receives compensation for the use of any bridge or ferry or sets up or keeps any road, bridge, ferry, or constructed ford, for the purpose of receiving any remuneration for the use of the same, without authority of law is guilty of a misdemeanor. En. February 14, 1872.

Public ferries and toll bridges: Pol. C., sec. 2843 et seq.

VIOLATING CONDITION OF UNDERTAKING TO KEEP FERRY.

Sec. 387, Pen. C. Every person who, having entered into an undertaking to keep and attend a ferry, violates the conditions. of such undertaking, is guilty of a misdemeanor. En. February 14, 1872.

Undertaking by ferryman: See Pol. C., sec. 2850.

RIDING OR DRIVING FASTER THAN A WALK ON TOLL BRIDGES.

Sec. 388, Pen. C. Every person who willfully rides or drives faster than a walk on or over any toll bridge, lawfully licensed, is punishable by fine not exceeding twenty dollars. En. February 14, 1872.

CROSSING TOLL BRIDGES, ETC., WITHOUT PAYING TOLL. Sec. 389, Pen. C. Every person not exempt from paying tolls, who crosses on any ferry or toll bridge, or passes through any toll gate, lawfully kept, without paying the toll therefor, and with intent to avoid such payment, is punishable by fine not exceeding twenty dollars. En. February 14, 1872.

$504.

TITLE XIII.

CHAPTER VI.

EMBEZZLEMENT.

When officer, etc., guilty of embezzlement.

WHEN OFFICER, ETC., GUILTY OF EMBEZZLEMENT.

Sec. 504, Pen. C. 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. Amd. 1880, 8.

For civil liability of officers of corporation, see Const., art. XII, sec. 3.

Legislative History.

The provisions as to public officers were added by the amendment.

Section Cited.

People v. Gray, 66 Cal. 274, 5 Pac. 240; People v. Treadwell, 69 Cal. 237, 10 Pac. 502; People v. Mahlman, 82 Cal. 586, 23 Pac. 145; People v. Leonard, 106 Cal. 302, 39 Pac. 617; People v. Cobler, 108 Cal. 541, 41 Pac. 401; People v. Westlake, 124 Cal. 452, 57 Pac. 465; People v. Ward, 134 Cal. 303, 66 Pac. 372; Winchester v. Howard, 136 Cal. 451, 89 Am. St. Rep. 153, 64 Pac. 692, 69 Pac. 77.

Annotation.

Indictment and Information-Sufficiency of.- For sufficient statements of facts to constitute a valid indictment or information under this section, see the following cases: People v. Gray, 66 Cǝl. 274, 5 Cal. 241; People v. Treadwell, 69 Cal. 237, 10 Pac. 502; People v. Mahlman, 82 Cal. 586, 23 Pac. 145; People v. Leonard, 106 Cal. 302, 39 Pac. 617; People v. Cobler, 108 Cal. 541, 41 Pac. 451; People v. Ward, 134 Cal. 303, 66 Pac. 372.)

Membership of Officers.-Embezzlement by any officer of an association is punishable, without regard to the membership of the association, or to whether the officer himself is or is not a member thereof. (People v. Mahlman, 82 Cal. 585, 23 Pac. 145.)

Officer of De Facto Corporation.-Any officer who in fact acts as an officer of a de facto corporation is subject to all the liabilities and penalties imposed upon directors and officers duly elected by a corporation de jure; and a de facto officer of a de facto corporation is liable criminally for embezzlement of funds in his hands. (People v. Leonard, 106 Cal. 301, 39 Pac. 617; People v. Ward, 134 Cal. 301, 66 Pac. 372.)

It is sufficient in an embezzlement charge against officers of a a corporation to prove a de facto existence as a corporation. Proof that it was a de jure corporation is not essential. (People v. Ward, 134 Cal. 301, 66 Pac. 372.)

Evidence-Books of Corporations.-Upon a charge of embezzlement against a secretary of a corporation, the books of the corporation, showing a shortage, kept by a bookkeeper who committed suicide about the time when the shortage was discovered, are not admissible against the defendant, without proof that he knew their contents, and was responsible for their condition. (People v. Blackman, 127 Cal. 248, 59 Pac. 473.)

Presumption as to Guilt.-No mere neglect of the duty of secretary of a corporation to examine the books of the corporation can sustain a charge of embezzlement. The presumption of innocence will overcome all presumption of knowledge or control of the secretary over the books. (People v. Blackman, 127 Cal. 248, 59 Pac. 473.)

Corporations-Proof of Existence.-On a criminal trial the existence of a corporation may be proved by general reputation. (People v. Frank, 28 Cal. 507; People v. Ah Sam, 41 Cal. 652; People v. Barric, 49 Cal. 344; People v. Leonard, 106 Cal. 310, 39 Pac. 617; People v. Oldham, 111 Cal. 651, 44 Pac. 312.)

CHAPTER XI.

FRAUDULENT DESTRUCTION OF PROPERTY INSURED.

§ 549. Presenting false proofs on policy of insurance.

PRESENTING FALSE PROOFS UPON POLICY OF INSURANCE. Sec. 549, Pen. C. 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 Corporation Laws-40

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.

FRAUDULENT

559.

CHAPTER XIII.

INSOLVENCIES BY CORPORATIONS, AND
OTHER FRAUDS IN THEIR MANAGEMENT.

§ 557. Frauds in subscriptions for stock of corporations.
558. Frauds in procuring organization, etc., of corporation.
Unauthorized use of names in prospectus, etc.
Misconduct of directors of stock corporations.
Savings bank officer overdrawing his account.
Receiving deposits in insolvent banks.

§ 560.

§ 561.

§ 562.

§ 563. Frauds in keeping accounts in books of corporations. 564. Officer of corporation publishing false reports.

565. 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. Director of a corporation presumed to have knowledge of its affairs.

§ 569. Director present at meeting, when presumed to have assented to proceedings.

570. Director absent from meeting, when presumed to have assented to proceedings.

FRAUDS IN SUBSCRIPTIONS FOR STOCK OF CORPORATIONS. Sec. 557, Pen. C. 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. En. February 14, 1872.

Subscription to articles of incorporation: C. C., sec. 292.
Subscription to capital stock: C. C., sec. 293.

Oath to subscription: C. C., sec. 295.

FRAUDS IN PROCURING ORGANIZATION, ETC., OF CORPORATION.

Sec. 558, Pen. C. 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 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. En. February 14, 1872.

False certificate, report, or notice-Civil liability of officers: See sec. 316, C. C.

Corporations, organization of: C. C., sec. 283 et seq.
Records: C. C., secs. 377, 378.

Increasing stock: C. C., sec. 359.

UNAUTHORIZED USE OF NAMES IN PROSPECTUS, ETC. Sec. 559, Pen. C. 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. En. February 14, 1872.

See ante, sec. 558, Pen. C.

MISCONDUCT OF DIRECTORS OF STOCK CORPORATIONS.

Sec. 560, Pen. C. 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—