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 corporation, or notes, bonds, or other evidences of debt issued by such other corporation:

-is guilty of a misdemeanor. En. February 14, 1872.

Dividends to be made from surplus profits: C. C., sec. 309.

Section Cited.

Pacific Trust Co. v. Dorsey, 72 Cal. 56, 12 Pac. 49; Vercoutere v. Golden State L. Co., 116 Cal. 415, 48 Pac. 375.

SAVINGS BANK OFFICER OVERDRAWING HIS ACCOUNT.

Sec. 561, Pen. C.

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.

RECEIVING DEPOSITS IN INSOLVENT BANKS.

Sec. 562, Pen. C. 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.

FRAUDS IN KEEPING ACCOUNTS IN BOOKS OF CORPORATIONS.

Sec. 563, Pen. C. 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. En. February 14, 1872. See ante, sec. 558, Pen. C.

Section Cited.

People v. Palmer, 53 Cal. 615; People v. Leonard, 103 Cal, 202, 37 Pac. 222.

Annotation.

Indictments-Sufficiency of.-An indictment under this section should specify the particular entry complained of, or should at least state the substance of it according to its legal effect. (People v. Palmer, 53 Cal. 615; People v. Leonard, 103 Cal. 202, 37 Pac. 222.)

OFFICER OF CORPORATION PUBLISHING FALSE REPORTS.

Sec. 564, Pen. C. Every director, officer, or agent of any corporation or joint stock association, who knowingly concurs in making, publishing, or posting any written report, exhibit, or statement of its affairs or pecuniary condition, or book or notice containing any material statement which is false, or refuses to make any book or post any notice required by law, in the manner required by law, other than such as are mentioned in this

chapter, is guilty of a felony. En. February 14, 1872. Amd. 1875-76, 112.

See C. C., sec. 316; ante, sec. 558, Pen, C.

False reports, act relating to: See post, Statutes at Large, title "Corporations."

Legislative History.

The original section is as follows: "Sec. 564. Every director, officer, or agent of any corporation or joint stock association, who knowingly concurs in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition, containing any material statement which is false, other than such as are nrentioned in this chapter, is guilty of a misdemeanor."

Section Cited.

People v. Cooper, 53 Cal. 647.

Annotation.

Two Offenses-Making and Publication.-This section defines two or more offenses-one being the concurrence by an officer in making a false statement, and the other being a concurrence in the publication of such statement. (People v. Cooper, 53 Cal. 647.)

OFFICER OF CORPORATION TO PERMIT AN INSPECTION.

Sec. 565, Pen. C. Every officer or agent of any corporation, having or keeping an office within this state, who has in his custody or control any book, paper, or document of such corporation, and who refuses to give to a stockholder or member of such corporation, lawfully demanding, during office hours, to inspect or take a copy of the same, or of any part thereof, a reasonable opportunity so to do, is guilty of a misdemeanor.

See C. C., secs. 377, 378, 382, 383.

OFFICER OF RAILROAD COMPANY CONTRACTING DEBT IN ITS BEHALF EXCEEDING ITS AVAILABLE MEANS.

Sec. 566, Pen. C. Every officer, agent, or stockholder of any railroad company, who knowingly assents to, or has any agency in contracting any debt by or on behalf of such company, unauthorized by a special law for the purpose, the amount of which debt, with other debts of the company, exceeds its available means for the payment of its debts, in its possession, under its control, and belonging to it at the time such debt is contracted,

including its bona fide and available stock subscriptions, and exclusive of its real estate, is guilty of a misdemeanor.

Offenses Defined. This section defines two or more offenses-one being a concurrence by an officer of a corporation in making a false statement, and the other a concurrence in its publication; See C. C., secs. 309, 456, 457.

DEBT CONTRACTED IN VIOLATION OF LAST SECTION NOT

INVALID.

Sec. 567, Pen. C. The last section does not affect the validity of a debt created in violation of its provisions, as against the company.

DIRECTOR OF A

CORPORATION

PRESUMED TO HAVE

KNOWLEDGE OF ITS AFFAIRS.

Sec. 568, Pen. C. Every director of a corporation or joint stock association is deemed to possess such a knowledge of the affairs of his corporation as to enable him to determine whether any act, proceeding, or omission of its directors is a violation of this chapter.

DIRECTOR PRESENT AT MEETING, WHEN PRESUMED TO HAVE ASSENTED TO PROCEEDINGS.

Sec. 569, Pen. C. Every director of a corporation or joint stock association, who is present at a meeting of the directors at which any act, proceeding, or omission of such directors, in violation of this chapter, occurs, is deemed to have concurred therein, unless he at the time causes, or in writing requires, his dissent therefrom to be entered in the minutes of the directors. En. February 14, 1872.

See C. C., secs. 309, 377.

DIRECTOR ABSENT FROM MEETING, WHEN PRESUMED TO HAVE ASSENTED TO PROCEEDINGS.

Sec. 570, Pen. C. Every director of a corporation or joint stock association, although not present at a meeting of the directors at which any act, proceeding, or omission of such directors, in violation of this chapter, occurs, is deemed to have concurred therein, if the facts constituting such violation appear on the records or minutes of the proceedings of the board of di

rectors, and he remains a director of the same company for six months thereafter, and does not within that time cause, or in writing require, his dissent from such illegality to be entered in the minutes of the directors. En. February 14, 1872.

FOREIGN CORPORATIONS.

Sec. 571, Pen. C. It is no defense to a prosecution for a violation of the provisions of this chapter, that the corporation was one created by the laws of another state, government, or country, if it was one carrying on business or keeping an office therefor within this state. En. February 14, 1872.

"DIRECTOR" DEFINED.

Sec. 572, Pen. C. The term "director," as used in this chapter, cmbraces any of the persons having by law, the direction or management of the affairs of a corporation, by whatever name such persons are described in its charter or known by law. En. February 14, 1872.

TITLE XV.

CHAPTER I.

PRESERVATION OF GAME AND FISH.

§ 627a. Unlawful carrying of deer and other game.

§ 629. Screens to be put at inlet of canal, irrigating ditch, etc.

UNLAWFUL CARRYING OF DEER AND OTHER GAME.

Sec. 627a, Pen. C. Every railroad company, express company, transportation company, or other common carrier, its officers, agents, and servants, and every other person who transports, carries or takes out of this state, or who receives for the purpose of transporting from the state, any deer, deer skin, buck, doe, or fawn, or any quail, partridge, pheasant, grouse, prairie chicken, dove, wild pigeon, or any wild duck, rail, snipe, ibis, curlew, or plover, except for the purposes of propagation, or who transports, carries or takes from the state, or receives for the purpose of transportation from the state, any such animal or bird, or any part of the carcass thereof, is guilty of a misdemeanor. The right to transport for the purposes of propaga