title to another by deed, was not disposing of land twice, within the meaning of the section.

534. Every married person who falsely and fraudulently represents himself or herself as competent to sell or mortgage any real estate, to the validity of which sale or mortgage the assent or concurrence of his wife or her husband is necessary, and under such representations willfully conveys or mortgages the same, is guilty of felony.

535. Every person who obtains any money or property from another, or obtains the signature of another to any written instrument, the false making of which would be forgery, by means of any false or fraudulent sale of property or pretended property, by auction, or by any of the practices known as mock auctions, is punishable by imprisonment in the state prison not exceeding three years, or in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment; and, in addition thereto, forfeits any license he may hold as auctioneer, and is forever disqualified from receiving a license to act as auctioneer within this state.

536. Every commission merchant, broker, agent, factor, or consignee, who shall willfully and corruptly make, or cause to be made, to the principal or consignor of such commission merchaut, agent, broker, factor or consignee, a false statement concerning the price obtained for, or the quality or quantity of any property consigned or intrusted to such commission merchant, agent, broker, factor, or consignee, for sale, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by fine not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or by both such fine and imprisonment. [New section, approved April 15, 1880; in effect immediately.

CHAPTER IX.

FRAUDULENTLY FITTING OUT AND DESTROYING VESSELS. SECTION 539. Captain or other officer willfully destroying vessel, etc. 540. Other persons 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 willfuly 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.

540. Every person, other than such as are embraced within the last section, who 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.

CHAPTER X.

FRAUDULENTLY KEEPING POSSESSION OF WRECKED PROPERTY.

SECTION 544. Detaining wrecked property after salvage paid.

545. Unlawfully taking or having possession of wrecked prop

erty.

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.

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.

CHAPTER XI.

FRAUDULENT DESTRUCTION OF PROPERTY INSURED. SECTION 548. Burning or destroying property insured.

549. Presenting false proofs in support of a claim 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.

1. Burning Insured Property. This section takes the place of section seven of the act of April 19, 1856 (Stats. 1856, 132), and includes every injury to property insured. In People v. Hughes, 29 Cal. 257, it was held, that upon the trial of an indictment charging the defendant with burning a certain building belonging to him, which building was at the time insured against loss or damage by fire by a duly incorporated company, etc., it was not necessary to show that the company was duly incorporated, but that proof that such company was a de facto corporation was sufficient. The indictment should aver, however, that the company is a corporation, if such be the fact, or that it is a partnership composed of certain individuals, naming them, if such be the fact, and that the act was done with intent to injure and defraud them in their associate capacity. People v. Schwartz, 32 Id. 160. The act of burning the property insured must be done with the intent to defraud the insurer. People v. Trim, 39 Id. 75. It was held in the latter case, upon the separate trial of one of two parties on an indictment for arson, in burning a building covered by insurance, with intent to defraud the insurer, that the attempt of the other party to procure the payment from the insurer of the amount of the loss insured against, is competent evidence as acts and declarations of a co-conspirator, in furtherance of the original purpose of the conspiracy to defraud the insurer.

2. Arson. See sec. 447, n. 1.

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 a fine not exceeding one thousand dollars, or by both.

CHAPTER XII.

FALSE WEIGHTS AND MEASURES.

SECTION 552. "False weight" and "measure" defined.

553. Using false weights or measures.

554. Stamping false weight, measure, or tare on casks or packages.

555. Measure to be given.

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.

1. Weights and Measures.-See Political Code, secs. 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.

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.

555. In all sales of coal, hay, and other commodities, usually sold by the ton or fractional parts thereof, the seller must give to the purchaser full weight, at the rate 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 weight, at the rate of sixteen ounces to the pound; and any person violating this section is guilty of a misdemeanor. New section, approved February 15, 1876; in effect sixtieth day after its passage.

CHAPTER XIII.

FRAUDULENT INSOLVENCIES BY CORPORATIONS, AND OTHER FRAUDS IN THEIR MANAGEMENT.

SECTION 557. Frauds in subscriptions for stock of corporations.

558. Frauds in procuring organization of corporation, or increas

ing its capital.

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. Frauds in keeping accounts in books of corporations.

564. Officer of corporation publishing false reports of its condition.
565. Officer of corporation to permit an inspection of its books.
566. Officer of railroad company contracting debt in its behalf ex-
ceeding its available means.

567. 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 as

sented 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, know

ing 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.

1. Subscription to Articles of Incorporation.-Section 292, Civil Code.

2. Subscription to Capital Stock.-Sec. 293, Civil Code.

3. Oath to Subscription.-Sec. 295, Civil Code.

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 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.

1. See sec. 316, Civil Code.

2. Corporations, Organization of.-Secs. 283, 320, Civil Code. 3. Records.-Secs. 377, 378, Civil Code.

4. Increasing Stock.-Sec. 359, Civil Code.

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.

1. Subscription.-Secs. 292, 293, Civil Code.

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,