Other persons willfully destroying imprisonment in the State Prison not less than three years. NOTE.-Injuring or destroying vessels upon the high seas is provided for by various Acts of Congress.-See the Acts collected, Brightly's Dig., pp. 209-211. The above section is, therefore, limited to acts committed within this State. 540. Every person, other than such as are embraced within the last section, who is guilty of any vessel, etc. act therein specified, is punishable by imprisonment in the State Prison for a term not exceeding ten years. Making false manifest, etc. 541. 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. NOTE. This Chapter is similar to the New York Penal Code, p. 227. Detaining wrecked property after salvage paid. CHAPTER X. FRAUDULENTLY KEEPING POSSESSION OF WRECKED PROP ERTY. SECTION 544. Detaining wrecked property after salvage paid. 545. Unlawfully taking or having possession of wrecked property. 544. 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. NOTE.-Stats. 1850, p. 173, Sec. 24. See Political Code Cal., "Wrecks and wrecked property," Secs. 2403-2418, and notes. taking or possession of wrecked property. 545. Every person who takes away any goods Unlawfully from any stranded vessel, or any goods cast by the having, 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. NOTE.-Stats. 1850, p. 173, Sec. 25. See Secs. 24032418, Pol. Code Cal. CHAPTER XI. FRAUDULENT DESTRUCTION OF PROPERTY INSURED. SECTION 548. Burning or destroying property insured. 549. Presenting false proofs in support of a claim upon 548. 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. NOTE. This section is substituted for Sec. 7 of the Act of April 19th, 1856 (Stats. 1856, p. 132), and is extended to include every injury to property insured.See notes to Secs. 447, 452, et seq., ante; see "Insurance defined," Sec. 2527, Civil Code; subjects, Sec. 2531, et al., id. Burning or property destroying insured. false proofs of a claim 549. Every person who presents or causes to be Presenting presented any false or fraudulent claim, or any proof in support in support of any such claim, upon any contract of upon policy insurance for the payment of any loss, or who pre of insurance. pares, 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 a fine not exceeding one thousand dollars, or by both. NOTE.-See notes to Secs. 447-452, ante; see "Notice of Loss," Civil Code, Secs. 2633-2637. "False weight" and measure" defined. Using false weights or measures. CHAPTER XII. FALSE WEIGHTS AND MEASURES. 66 SECTION 552. "False weight" and measure "defined. 553. Using false weights or measures. 554. Stamping false weight, measure, or tare on casks or packages. 552. A false weight or measure is one which does not conform to the standard established by the laws of the United States of America. NOTE. Based on the Act of April 4th, 1861 (Stats. 1861, p. 86), establishing a standard of weights and measures. See Political Code Cal., "Weights and Measures," Secs. 3209-3223, and notes. Our statute recognizes the superiority of the Act of Congress, hence our statute must be construed as subordinate thereto, the Act of Congress given in note to Sec. 3209 of the Political Code being approved July 28th, 1866, and our statute, on which the sections of the Code are based, was approved April 4th, 1861, p. 86. 553. 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 misde meanor. NOTE.-Founded upon Sec. 14 of the Act cited in note to preceding section, and Sec. 133 of the Crimes and Punishment Act of 1850 (Stats. 1850, p. 229.) false 554. Every person who knowingly marks or stamps Stamping false or short weight or measure, or false tare, on any weight, cask or package, or knowingly sells, or offers for sale, casks or any cask or package so marked, is guilty of a misde- packages. meanor. measure, or tare on CHAPTER XIII. FRAUDULENT INSOLVENCIES BY CORPORATIONS, AND OTHER SECTION 557. Frauds in subscriptions for stock of corporations. 559. Unauthorized use of names in prospectus, etc. 563. Frauds in keeping accounts in books of corporations. 565. Officer of corporation to permit an inspection of its 566. Officer of railroad company contracting debt in its 567. 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. 571. Foreign corporations. 572. "Director" 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 under Frauds in procuring organization of corporation, or increasing standing or agreement that the terms of such subscription or agreement are not to be complied with or enforced, is guilty of a misdemeanor. NOTE. This section is intended to reach a species of fraud frequently practiced in the organization of corporations. See Palmer vs. Lawrence, 3 Sandf., p. 161; 1 Seld., p. 389; see Civil Code Cal., Secs. 292, subscription to articles; 293, subscription to the capital stock; 295, oath to subscription. 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 corpora its capital. tion, 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. Unauthor ized use of name in prospectus, etc. NOTE.-See Civil Code Cal., "Corporations," Sec. 316; also, formation of, Secs. 283-320, id.; corporate stock, Secs. 322-349, id.; records, Secs. 877, 378, id.; increasing, etc., stock, Sec. 359, id. For different kinds of corporations and subscriptions to their capital stock, see Titles in Index to pp. 81-195, being Part IV, Div. I, id., Vol. I. 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 corpora tion 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. NOTE.-Civil Code Cal., subscription, Secs. 292, 293; see note to Sec. 558, ante. |