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the same, or to permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person, knowing the same to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note or bank bill made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered or passed, to defraud any person, is punishable by imprisonment in the state prison for not less than one nor more than fourteen years.

476. Every person who makes, passes,' utters, or publishes, with intention to defraud any other person, or who, with the like intention attempts to pass, utter, or publish, or who has in his possession, with like intent to utter, pass, or publish, any fictitious bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, when, in fact, there is no such bank, corporation, copartnership, or individual in existence, knowing the bill, note, check, or instrument in writing to be fictitious, is punishable by imprisonment in the state prison for not less than one nor more than fourteen years.

476a. Every person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers to another person any check or draft on a bank, banker or depositary for the payment of money, knowing at the time of such making, drawing, uttering or delivery, that he or his principal or the corporation of which he is an officer has not sufficient funds in, or credit with such bank, barker ou dey sitary, to meet such check or draft in full upon its prese itatio.1, is punishable by imprisonment in the county jail for not more than one year or in the state prison for not more than fourteen years. The word “credit” as used herein shall be construed to be an arrangement or understanding with the bank or depositary for the payment of such check or draft. 1919–238.

477. Every person who counterfeits any of the species of gold or silver coin current in this state, or any kind or species of golddust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or who sells, passes, or gives in payment such counterfeit coin, dust, bullion, bars, lumps, pieces, or nuggets, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeited, is guilty of counterfeiting.

478. Counterfeiting is punishable by imprisonment in the state prison for not less than one nor more than fourteen years.

479. Every person who has in his possession, or receives for any other person, any counterfeit gold or silver coin of the species current in this state, or any counterfeit gold dust, gold or silver bullion or bars, lumps, pieces, or nuggets, with the intention to sell, utter, put off, or pass the same, or permits, causes, or procures the same to be sold, uttered, or passed, with the intention to defraud any person, knowing the same to be counterfeit, is punishable by imprisonment in the state prison not less than one nor more than fourteen years.

480. Every person who makes, or knowingly has in his possession any die, plate, or any apparatus, paper, metal, machine, or other thing whatever, made use of in counterfeiting coin current in this state, or in counterfeiting gold-dust, gold or silver bars, bullion, lumps, pieces, or nuggets, or in counterfeiting bank notes or bills, is punishable by imprisonment in the state prison not less than one nor more than fourteen years; and all such dies, plates, apparatus, paper, metal, or machine, intended for the purpose aforesaid, must be destroyed.

481. Every person who counterfeits, forges, or alters any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad or steamship company, or by any lessee or manager thereof, designed to entitle the holder to ride in the cars or vessels of such company, or who utters, publishes, or puts into circulation, any such counterfeit or altered ticket, check, or order, coupon, receipt for fare, or pass, with intent to defraud any such railroad or steamship company, or any lessee thereof, or any other person, is punishable by imprisonment in the state prison, or in the county jail

, not exceeding one year, or by fine not exceeding one thousand dollars, or by both such imprisonment and fine. 1905—675.

482. Every person who, for the purpose of restoring to its original appearance and nominal value in whole or in part, removes, conceals, fills up, or obliterates, the cuts, marks, punch-holes, or other evidence of cancellation, from any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad or steamship company, or any lessee or manager thereof, canceled in whole or in part, with intent to dispose of by sale or gift, or to circulate the same, or with intent to defraud the railroad or steamship company, or lessee thereof, or any other person, or who, with like intent to defraud, offers for sale, or in payment of fare on the railroad or vessel of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so restored, in whole or in part, is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such imprisonment and fine. 1905—675.

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483. Any person, firm, corporation, partnership, or sociation that shall sell to another any ticket, pass, scrip, mileage or commutation book, coupon, or other instrument for passage on a common carrier, for the use of any person not entitled to use the same according to the terms thereof, or of the book or portion thereof from which it was detached, shall be guilty of a misdemeanor. 1917–1401.

CHAPTER V.

Larceny. 484. Larceny defined.

496a. Junk dealers. 485. Larceny of lost proper- 496b. Books, when larceny. ty.

497. Larceny, interstate prop486. Grand, petit, larceny.

erty. 487. Grand larceny defined. 498. Stealing gas. 488. Petit larceny.

499. Stealing water. 489. Punishment, grand lar- 499a. Stealing electricity, ceny.

499b. Using motor vehicles, 490. Punishment of petit lar

temporarily, how punceny.

ished. 491. Dogs are property.

499c. Automobile, unauthor492. Larceny of written in

ized use. strument.

500. Larceny of goods from 493. Value of passage tickets.

fire; San Francisco. 494. Written instrument, lar- 501. Purchasing or receiving ceny, etc.

junk in pledge. 495. Severing part realty, 5021/2 Mortgaged property, reetc.

moving appurtenances. 496. Receiving stolen prop

erty, evidence. 484. Larceny is the felonious stealing, taking, carrying, leading or driving away the personal property of another.

485. One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and restore the property to him, is guilty of larceny.

486. Larceny is divided into two degrees, the first of which is termed grand larceny; the second, petit larceny.

487. Grand larceny is larceny committed in either of the following cases:

1. When the property taken is of a value exceeding two hundred dollars.

2. When the property is taken from the person of another.

3. When the property taken is a horse, mare, gelding, cow, steer, bull, calf, mule, jack, jenny, sheep or lamb. 1923–271,

488. Larceny in other cases is petit larceny.

489. Grand larceny is punishable by imprisonment in the state prison for not less than one nor more than ten years.

490. Petit larceny is punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or both.

491. Dogs are personal property, and their value is to be ascertained in the same manner as the value of other property. 1887–131.

492. If the thing stolen consists of any evidence of debt, or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen.

493. If the thing stolen is any ticket or other paper or writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railroad or vessel or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such conveyance is the value of such ticket, paper, or writing.

494. All provisions of this chapter apply where the property taken is an instrument for the payment of money, evidence of debt, public security, or passage ticket, completed and ready to be issued or delivered, although the same has never been issued or delivered by the makers thereof to any person as a purchaser

or owner.

495. The provisions of this chapter apply where the thing taken is any fixture or part of the realty, and is severed at the time of the taking, in the same manner as if the thing had been severed by another person at some previous time.

496. Every person ho for his own gain, or to prevent the owner from again possessing his property, buys or receives any personal property, knowing the same to have been stolen; or any person who having bought or received stolen personal property, who after having been informed that said property then in his possession is stolen property, and after a demand, in writing, for the delivery of the same has been made upon him by the

owner of said stolen property, or a peace officer, within three months after he bought or received the same, secretes said property, or gives, sells, conveys or transfers said stolen property to another person not entitled thereto, with intent to prevent the owner from again possessing his property, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding six months, and it shall be presumptive evidence that such property was stolen, if the same was purchased or received from a person under the age of eighteen years, less such property was sold by such minor at a fixed place of business carried on by such minor or his employer. 1907-301.

496a. Every person who, being a dealer in or collector of junk, metals or second-hand materials, or the agent, employee, or representative of such dealer or collector, buys or receives any wire, cable, copper, lead, solder, iron or brass used by or belonging to a railroad or other transportation, telephone, telegraph, gas or electric light company or county, city, city and county or other political subdivision of this state engaged in furnishing public utility service without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving such property, and is punishable, by imprisonment in a state prison for not more than five years, or in a county jail for not more than one year, or by a fine of not more than two hundred fifty dollars, or by both such fine and imprisonment. 1923–434.

496b. Every person who, being a dealer in or collector of secondhand books or other literary material, or the agent, employee or representative of such dealer, or collector, buys or receives any book, manuscript, map, chart, or other work of literature, belonging to, and bearing any mark or indicia of ownership by a public or incorporated library, college or university, without ascertaining by diligent inquiry that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving such property in the first degree if such property be of the value of more than fifty dollars, and is punishable, by imprisonment in the county jail for not more than one year, or by a fine of not more than twice the value of the property received, or by both such fine and imprisonment; and is guilty of criminally receiving such property in the second degree if such property be of the value of fifty dollars or under, and is punishable by imprisonment in the county jail for not more than one month, or by a fine of not more than twice the value of the property received, or by both such fine and imprisonment. 1923-434.

497. Every person who, in another state or country steals or embezzles the property of another, or receives such property knowing it to have been stolen or embezzled, and brings the same into this state, may be convicted and punished in the same manner as if such larceny, or embezzler jent, or receiving, had been committed in this state. 1905–718.

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