§ 525. OFFICERS OF RAILROAD

COMPANIES MAKING OVER

CHARGES. Every officer, agent, or employee of a railroad company who asks or receives a greater sum than is allowed by law for the carriage of passengers or freight, is guilty of a misdemeanor.

History: Enacted February 14, 1872.

1. Overcharge for gas.-The legislature has made it misdemeanor to ask or receive more than sum allowed by law for carriage of freight or passengers by rail; and an

overcharge for gas can not be distinguished in principle from an overcharge for railway fare. Denninger v. Recorder's Court, 145 Cal. 629, 637, 79 Pac. 364.

§ 526. SALE OF TICKETS TO THEATER, ETC. [Repealed.]

History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 140; repealed March 19, 1907, Stats. and Amdts. 1907, p. 688, Kerr's Stats. and Amdts. 1906-7, p. 529.

§ 528. MARRYING UNDER FALSE PERSONATION. Every person who falsely personates another, and in such assumed character marries or pretends to marry, or to sustain the marriage relation towards another, with or without the connivance of such other, is guilty of a felony.

History: Enacted February 14, 1872, founded on § 90 Criminal Practice Act 1850, Stats. 1850, p. 240.

1. Commissioners' note says: "Such marriage is voidable. (§ 58 Civ. Code.) The word 'personate' alone, in its ordinary definition, would probably include all that the prefix 'falsely' imports. Still, it is used in the Penal Code of New York, section 620. Our

statute was 'falsely represent or personate.' Here the prefix 'to represent' was necessary. The expression of the text, however, being similarly used in different states, will enable the courts to have less, if any, trouble in expounding it."

§ 529. PERSONATING ANOTHER IN PRIVATE OR OFFICIAL CAPACITY. Every person who falsely personates another in either his private or official capacity, and in such assumed character, either:

1. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety;

2. Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, or used as true; or,

3. Does any other act whereby, if done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party personating, or to any other person;

Is punishable by imprisonment in the county jail not exceeding two years, or by fine not exceeding five thousand dollars.

History: Enacted February 14, 1872, founded on § 90 Criminal Practice Act 1850, Stats. 1850, p. 240; amended by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 466, act held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 684.

FALSE PERSONATION-PRIVATE OR
OFFICIAL CHARACTER.

1. Commissioners' note.

2. Construction of section.

3. Indictment or information (subdivision 3).

4. Instruction not erroneous.

5. To personate another is what.

1. Commissioners' note says: "The words, 'in either his private or official capacity,' were inserted after another' for the purpose of changing the construction put upon this section in People v. Knox, 119 Cal. 73, 51 Pac. 19, where it was held that the section did not apply to a case where the person falsely assumed an official character."

son

2. Construction of section. This section is intended to cover acts done by one perhimself while representing to be another and different person. It does not refer to case where party falsely assumes official character. Hence, if one is charged as voluntarily representing himself to be officer of law and constable, information against him for falsely personating another must fall, for the section is not broad enough to cover such state of facts.-People v. Maurin, 77 Cal. 436, 439, 19 Pac. 832. 3. Indictment or information (subdivision 3.)-An information under this sub

division must allege affirmatively the things required by it, or else it should appear from the act of impersonation that the injury or benefit referred to in the section would have been produced. There might be a case where the very act of impersonation itself would show upon its face that any injury or benefit would accrue; but if it did not then the information should allege in express terms that the benefit or injury did accrue or occur.-People v. Chin You, 30 Cal. App. 18, 157 Pac. 523.

4.

name

Instruction not erroneous.-In prose. cution under this section it is error for court to refuse to instruct jury, in substance, that of mere signing of another to certificate of death is not personation of latter, and that defendant must have assumed to be person known by such name. People v. Maurin, 77 Cal. 436, 437, 19 Pac. 832.

5. To personate another person is to assume to be that person. One who signs certificate of death without any authority, and fraudulently writes physician's name thereto, when he knows he has no right to do it, may be guilty of forgery, but he is not guilty of falsely personating another. -People v. Maurin, 77 Cal. 436, 439, 19 Pac. 832.

88 530-532 RECEIVING IN FALSE CHARACTER-FRAUDULENT CONVEYANCE. [Pt. I.

§ 530. RECEIVING MONEY OR PROPERTY IN A FALSE CHARACTER. Every person who falsely personates another, in either his private or official capacity, and in such assumed character receives any money or property, knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or to that of another person, or to deprive the true owner thereof, is punishable in the same manner and to the same extent as for larceny of the money or property so received.

History: Enacted February 14, 1872, founded on § 91 Criminal Prac-
tice Act 1850, Stats. 1850, p. 240; amended by Code Commission, Act
March 16, 1901, Stats. and Amdts. 1900-1, p. 466, act held unconstitu-
tional, see history, § 5 ante; amendment re-enacted March 21, 1905,
Stats. and Amdts. 1905, p. 685.

FALSE CHARACTER-RECEIVING
MONEY OR PROPERTY.

1. Construction of section.

2. Fruit trees-Selling one kind, delivering another.

1. Construction of section. There are offenses under this section and section 532, post, which are not larceny, and mere fact that under peculiar circumstances of case the crime, while shown to be larceny, may be punished under another provision of Penal Code, does not make it obligatory upon prosecution to charge under one provision rather than other. The fact that circumstances disclosed are such that defendant may be charged with and convicted of larceny does not make offense any less one of special classes provided for in section 532, circumstances being sufficient to bring

case within that section. Nor does it render defendant less amenable to prosecution under last-named section.-People v. Campbell, 127 Cal. 278, 282, 59 Pac. 593.

2. Fruit trees-Selling one kind, delivery of another.-A species of cheats, very similar in character to that provided against in the above section, provided against by act of March 15, 1907, consists of selling one kind, variety, or description of fruit trees, and thereafter delivering to the purchaser, in filling such order and completing the sale, another and different kind, variety, or description of tree. A person violating the provision is guilty of a misdemeanor, subject to a fine of not less than $50 nor more than $500, or by imprisonment in the county jail not less than 20 days nor more than six months, or both fine and imprisonment.-Stats. and Amdts. 1907, p. 275.

§ 531. FRAUDULENT CONVEYANCES. Every person who is a party to any fraudulent conveyance of any lands, tenements, or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment, or execution, contract or conveyance, had, made, or contrived with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands; or who, being a party as aforesaid, at any time wittingly and willingly puts in, uses, avows, maintains, justifies, or defends the same, or any of them, as true, and done, had, or made in good faith, or upon good consideration, or aliens, assigns, or sells any of the lands, tenements, hereditaments, goods, chattels, or other things before mentioned, to him or them conveyed as aforesaid, or any part thereof, is guilty of a misdemeanor.

§ 532.

History: Enacted February 14, 1872, founded on § 129 Criminal Practice Act 1850, Stats. 1850, p. 245; repealed by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 466, act held unconstitutional, see history, § 5 ante.

OBTAINING MONEY, PROPERTY, OR LABOR BY FALSE PRETENSES. Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, or who causes or procures others to report falsely of his wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of

money or property, or obtains the labor or service of another, is punishable in. the same manner and to the same extent as for larceny of the money or property so obtained.

History: Enacted February 14, 1872, founded on §§ 130, 131 Criminal
Practice Act 1850, Stats. 1850, p. 245; amended February 15, 1889,
Stats. and Amdts. 1889, p. 14; amended by Code Commission, Act
March 16, 1901, Stats. and Amdts. 1900-1, p. 466, act held unconstitu-
tional, see history, § 5 ante; amendment re-enacted March 21, 1905,
Stats. and Amdts. 1905, p. 685.