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578. Every person carrying on the business of a warehousemar., wharfinger, or other depositary of property, who issues any receipt, bill of lading, or other voucher for any merchandise of any description, which has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instrument is issued to a person as being the owner of such merchandise or as security for any indebtedness, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

579. No person can be convicted of an offense under the last two sections by reason that the contents of any barrel, box, case, cask, or other vessel or package mentioned in the bill of lading, receipt, or other voucher did not correspond with the description given in such instrument of the merchandise received, if such description corresponded substantially with the marks, labels, or brands upon the outside of such vessel, or package, unless it appears that the accused knew that such marks, labels, or brands were untrue.

580. Every person mentioned in this chapter, who issues any second or duplicate receipt or voucher, of a kind specified therein, at a time while any former receipt or voucher for the merchandise specified in such second receipt is outstanding and uncanceled, without writing across the face of the same the word “Duplicate,” in a plain and legible manner, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

581. Every person mentioned in this chapter, who sells, hypothecates, or pledges any merchandise for which any bill of lading, receipt, or voucher has been issued by him, without the consent in writing thereto of the person holding such bill, receipt, or voucher, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

583. The last two sections do not apply where property is demanded or sold by virtue of process of law.

CHAPTER XV.

to pay.

same, etc.

Malicious injuries to Railroad Bridges, Highways, Bridges and

Telegraphs. 587. Injuries to railroads and 589. Toll houses, etc., injubridges.

ries to. 587a. Same, to air brakes. 590. Guide posts, same. 587b. Railroad trains, tres- 590a. Fines collected, how di. pass.

vided. 587c. Railroad fare, refusing 590b. Public bridges, how used

for driving. 588. State highway, injuring 591. Telegraph or telephone

lines injuries to. 588a. High w a y, obstructing 592. Water ditches, injuries same.

in general. 588b. Public roads, who con- 593. Electric wire, injury to, trols.

penalty. 588c. Monuments, removal, etc. 593a. Lumber, maliciously

driving nails in, etc. 587. Every person who maliciously, either:

1. Removes, displaces, injures, or destroys any part of any railroad, whether for steam or horse cars, or any track of any railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station-house, or other structure or fixture, or any part thereof, attached to or connected with any railroad; or,

2. Places any obstruction upon the rails or track of any railroad, or of any switch, branch, branchway, or turnout connected with any railroad;

-Is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not less than six months.

587a. Every person, who, without being thereunto duly authorized by the owner, lessee, or person or corporation engaged in the operation of any railroad, shall manipulate or in any wise tamper or interfere with any air-brake or other device, appliance or apparatus in or upon any car or locomotive upon such railroad, and used or provided for use in the operation of such car or locomotive, or of any train upon such railroad, or with any switch, signal or other appliance or apparatus used or provided for use in the operation of such railroad, shall be deemed guilty of a misdemeanor.

1909—608, 587b. Every person, who shall, without being thereunto authorized by the owner, lessee, person or corporation operating any railroad, enter into, climb upon, hold to, or in any manner attach himself to any locomotive-engine tender, freight or passenger car upon such railroad, or any portion of any train thereon, shall be deemed gulity of a misdemeanor, and, upon conviction thereof shall

be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment. 1909-590.

587c. Every person who fraudulently evades, or attempts to evade the payment of his fare, while traveling upon any railroad, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or imprisonment not exceeding six months, or by both such fine and imprisonment. 1909–575.

588. Every person who negligently, wilfully or maliciously digs up, removes, displaces, breaks down or otherwise injures or destroys any state or other public highway or bridge, or any private way, laid out by authority of law, or bridge upon any such highway or private way, or who negligently, wilfully or maliciously drains, diverts, or in any manner permits by seepage, overflow or otherwise, any waters thereinto or thereon from lands lying adjacent to or in the vicinity of any such state or other public highway or bridge or private way, shall be guilty of a misdemeanor.

1921-65. 588a. Any person who throws or deposits any glass bottle, glass, nails, tacks, hoops, wire, cans or other substance likely to injure any person, animal or vehicle upon any public highway in the state of California shall be guilty of misdemeanor. 1911-91.

588b. If it shall appear necessary to the state department of engineering, its officers or appropriate employees, to close any road or highway coming under its jurisdiction so as to permit of proper completion of work which is being performed, such department, its officers or appropriate employees, may close, or cause to be closed, the whole or any portion of such road or highway deemed necessary to be excluded from public travel. While any such road or highway, or portion thereof, is so closed, or while any such road or highway, or portion thereof, is in process of construction or maintenance, such department, its officers or appropriate employees, or its contractor under authority from such department or the appropriate officers or employees of such department, may erect or cause to be erected, suitable barriers or obstructions thereon, may post, or cause to be posted, conspicuous notices to the effect that the road or highway, or portion thereof, is closed or directing the traffic, and may place, or cause to be placed, warning lights and lanterns on such road or highway, or portion thereof. When such road or highway is closed to the public or in process of construction or maintenance, as provided herein, any person who willfully breaks down, removes, injures or destroys any such barriers or obstructions, or tears down, removes or destroys any such notices, or extinguishes, removes, injures or destroys any such warning lights or lanterns, so erected, posted or placed by such department of ergineering, its officers, appropriate employees, or its authorized contractor, shall be guilty of a misdemeanor. 1915—641. 588c. Any person who willfully injures, defaces, breaks down or removes any monument or stake placed, erected or used by the state department of engineering, its officers or employees for the purpose of designating any point in the boundary or survey of any state road or highway on or along any such road or highway, or as a part of such road or highway work, shall be guilty of a misdemeanor. 1915–180.

589. Every person who maliciously injures or destroys any toll house or turn-pike-gate, is guilty of a misdemeanor.

590. Every person who maliciously removes, destroys, injures, breaks or defaces any mile post, board or stone, or guide-post erected on or near any highway, or any inscription thereon, is guilty of a misdemeanor. 1907-892.

visions of section five hundred and ninety shall be paid to the in

590a. One half of all fines imposed and collected under the proformer who first causes a complaint to be filed charging the defendant with the violation of said section. 1907-892.

590b. Every person who rides or drives faster than a walk across any bridge on a public highway, upon which bridge there is displayed a sign or notice stating that it is illegal to ride or drive faster than a walk across the same, is guilty of a misdemeanor. 1911-428.

591. Every person who unlawfully and maliciously takes down, removes, injures or obstructs or makes any unauthorized connection with any line of telegraph or telephone, or any other line used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, or severs any wire thereof, is punishable by imprisonment in the state prison not exceeding five years, or a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one year. 1921–97.

592. Every person who shall, without authority of the owner or managing agent, and with intent to defraud, take water from any canal, ditch, flume or reservoir used for the purpose of holding or conveying water for manufacturing, agricultural, mining, irrigating or generation of power, or domestic uses, or who shall without like authority, raise, lower or otherwise disturb any gate or other apparatus thereof, used for the control or measurement of water, or who shall empty or place, or cause to be emptied or placed, into any such canal, ditch, flume or reservior, any rubbish, filth or obstruction to the free flow of the water, is guilty of a misdemeanor. 1899-146.

593. Every person who unlawfully and maliciously takes down, removes, injures, interferes with, or obstructs any line erected or maintained by proper authority for the purpose of transmitting electricity for light, heat, or power, or any part thereof, or any insulator or cross-arm, appurtenance or apparatus connected therewith, or severs or in any way interferes with any wire, cable, or current thereof, is punishable by imprisonment in the state prison not exceeding five years, or by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one year.

1901-92. 593a. Every person who maliciously drives or places in any saw-log, shingle-bolt, or other wood, any iron, steel, or other substance sufficiently hard to injure saws, knowing that such saw-log, shingle-bolt, or other wood is intended to be manufactured into any kind of lumber, is guilty of a felony. 1905-683.

TITLE XIV.

Malicious Mischief.

re

594. Malicious mischief, de

fined. 595. Following sections not

restrictive of preceding

one. 596. Poisoning cattle. 597. Killing or injuring an

imals. 597a. Cruelty to. 597a. Horses tail, docking. 597b. Animals, fighting for

amusement. 597b. Docked horses, registra

tion. 597c. Evidence. 597c. Fighting animals, train

ing same. 597d. Arrests, generally. 597d. Exceptions,

preceding sections, etc. 597e. Domestic animals, feed

ing. 597f. Abandoning animals. To

be killed. 597g. Stallions, etc., generally. 598. Killing, etc., birds in

cemeteries. 598a Homing pigeons, shoot

599. Gulls or cranes, same,

destroying nests. 599a. Prosecution. 599b. Animals, etc., defined. 599c. Game laws exceptions. 599d. Horses tails, who

sponsible for docking. 599e. Work animals, unfit,

how disposed of. 599f. Elk, killing of, how pun

ished. 600. Burning structures, etc. 601. Dynamite, illegal, pen

alty. 602. Freehold, injury, gener

ally. 604. Standing crops. Injury,

penalty. 605. Land marks, injury

same. 606. Jails, injury, etc. 607. Bridges, dams, etc., in

jury. 608. Rafts, same. 608a. Vessels, injury, etc. 608b. Same. 608c. Vessels, sinking, how

ing or maiming, etc.

punished. 609. Buoys or beacons, inju

ries to same.

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