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.

539. 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.

See 1 Wash. C. C. 363; and see Acts of Congress, Bright, Dig. pp. 209-211.

Destroy means to unfit a vessel for service beyond hope of recovery by ordinary means-4 Dall. 412; S. C. 1 Wash. C. C. 363. The intent to defraud is material-6 McLean, 274. See generally, 11 Wheat. 392; 5 McLean, 513; 1 Law Reporter N. S. 151; 3 Wash. C. C. 146; see Rev. Stat. U. S. §5 5364-6.

who

540. Every person, other than such as are embraced within the last section, is guilty of any act therein specified, is punishable by imprisonment in the State prison for a term not exceeding ten years.

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.

§ 544. Detaining wrecked property after salvage paid.
$545. Unlawful taking 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.

See Pol. Code, §§ 2403-2418.

545. 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.

See Pol. Code, §§ 2403-2418.

CHAPTER XI.

FRAUDULENT DESTRUCTION OF PROPERTY INSURED.

§ 548. Burning or destroying property insured.

§ 549. Presenting false proofs upon policy of insurance.

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.

See ante, notes to §§ 447, 452; and see Civ. Code, §§ 2527, 2531.

Burning to defraud insurers-is an indictable offense under the statute-32 Cal. 160; 19 N. Y. 537; 51 N. H. 176; 1 Parker Cr. R. 560; and a possibility of defrauding is sufficient-63 Me. 128; 25 Mich. 500; 1 Esp. 127; Dears. 187. The intent to defraud must be averred, and the parties accurately set out-82 Ill. 432; 63 id. 451. Though there are several insurers, It is but a single crime-114 Mass. 272.

549. 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. See ante, notes to §§ 447, 452; and see Civ. Code, §§ 2633-2637. False proofs.-To swear falsely to the loss, by fire, of goods which have been insured, and thereby getting the insurance, is within the statute-1 Wheel. C. C. 242.

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. 7 1.

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.

See Pol. Code, §§ 3209-3223.

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 misdemeanor.

Use of false weights.-The use of false weights and measures on the sale of property is cheating-6 Mass. 72; 12 Johns. 291; 9 Wend. 182; 13 id. 311; id. 87; 3 Burr. 1697; 1 Black. W.273; 3 Term Rep. 104. Falsely representing the weight of an article is within the statute 8 Cox C. C. 263; id. 262; but not if only done to induce to a purchase-3 Fost. & F. 838; see 9 Cox C. C. 460; so to pretend to have weighed it, and falsely representing its weight, is a false pretense-3 Fost. & F. 833.

I

554. 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.

Marks and stamps.-A baker marking bread at overweight is guilty of cheating-1 Dall. 47; but not if no weights be used-id3 Const. S. C. 139; so, selling an article with a forged seal on it-2 Russ. Cr. 609; or a false stamp or trade-mark-2 East P. C. 820.

555.

usual all sales of coal, hay, and other commodities,

by the ton or fractional parts t give to the purchaser full

the

rate

seller must give 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 ull weight, at the rate of sixteen ounces to the pound; and any person violating this section is guilty of a misdemeanor. [Approved Feb. 15th, 1876.]

CHAPTER XIII.

FRAUDULENT 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.

§ 559. Unauthorized use of names in prospectus, etc.

$560. Misconduct of directors of stock corporations.

§ 561. Savings-bank officer overdrawing his account.

§ 562. Receiving deposits in insolvent banks.

§ 563.

§ 564.

§ 565.

Frauds in keeping accounts in books of corporations.
Officer of corporation publishing false reports.
Officer of corporation to permit an inspection.

§ 566.

$ 567.

Officer of railroad company contracting debt in its behalf exceeding its available means.

Debt contracted in violation of last section not invalid.

§ 568. 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.

§ 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 person4ot means

all the

or does not intend in good faith to comply 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 misde

meanor.

The obligation of actual payment is created in all cases by a subscription to a capital stock, unless the terms of the subscription plainly exclude it-3 Sand. 164; 2 Hill, 153; 5 id. 478; 1 Sand. Ch. 180; 7 Met. 392; 21 Wend. 273; 12 Conn. 499. See Civ. Code, §§ 292, 293, 295.