thereof inadmissible as justification, but is admissible to aid in determination of punishment to be awarded.-Sykes v. People, 127 Ill. 117, 19 N. E. 705, 708. 3. Negotiability.-Under statute providing that warehouse-receipts shall be nego tiable, receipt need not be negotiable in form in order to render the warehouseman criminally liable for issuing it for goods not actually in store.-State v. Koshland, 25 Ore. 178, 35 Pac. 32. § 579. ERRONEOUS BILLS OF LADING OR RECEIPTS ISSUED IN GOOD FAITH EXCEPTED. 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. History: Enacted February 14, 1872. § 580. DUPLICATE RECEIPTS MUST BE MARKED "DUPLICATE." 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. History: Enacted February 14, 1872. As to duplicate bills, see Kerr's Cyc. Code, 2d ed., §§ 2126f, 2131b. § 581. SELLING, HYPOTHECATING, OR PLEDGING PROPERTY RECEIVED FOR TRANSPORTATION OR STORAGE. 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. 1. History: Enacted February 14, 1872. Commissioners' note says: "Nothing in this section is intended to prevent the disposal of unclaimed property,' as provided in the Political Code of California by §§ 3152-3157." § 582. BILL OF LADING OR RECEIPT ISSUED BY WAREHOUSEMAN MUST BE CANCELED ON REDELIVERY OF THE PROPERTY. [Repealed.] History: Enacted February 14, 1872; repealed March 30, 1874, Code Amdts. 1873-4, p. 434. § 583. PROPERTY DEMANDED BY PROCESS OF LAW. The last two sections do not apply where property is demanded or sold by virtue of process. of law. History: Enacted February 14, 1872. CHAPTER XV. MALICIOUS INJURIES TO RAILROAD BRIDGES, HIGHWAYS, BRIDGES, AND § 587. INJURIES TO RAILROADS AND RAILROAD BRIDGES. 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, turnount, 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. 1. History: Enacted February 14, 1872, founded on § 690 of the New Evidence justifying conviction.—Certain evidence reviewed, and held to warrant conviction in prosecution for attempting to place an obstruction upon track of railroad. -People v. Stites, 75 Cal. 570, 579, 17 Pac. 693. § 587a. TAMPERING WITH AIR-BRAKE OR OTHER DEVICE, ETC., OF CAR OR LOCOMOTIVE. PENALTY. 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, and upon conviction thereof shall be punished by fine not exceed ing one hundred dollars, or by imprisonment not exceeding three months, or by both such fine and imprisonment. History: Enacted March 19, 1909, Stats. and Amdts. 1909, p. 453. Another section numbered § 587a was passed on the 22d, and given § 587a [2]. TAMPERING WITH AIR-BRAKE, ETC., SWITCH, ETC., OF RAILROAD. MISDEMEANOR. 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 anywise 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. History: Enacted March 22, 1909, Stats. and Amdts. 1909, p. 608. § 587b. TRESPASSING ON RAILROAD LOCOMOTIVES, TENDERS, CARS AND TRAINS. PENALTY. 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 guilty 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. History: Enacted March 20, 1909, Stats. and Amdts. 1909, p. 590. In effect immediately. § 587c. FRAUDULENTLY EVADING PAYMENT OF FARE. PUNISIIMENT. 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. History: Enacted March 20, 1909, Stats. and Amdts. 1909, p. 575. § 588. INJURY TO HIGHWAYS, PRIVATE WAYS, AND BRIDGES. Every person who 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, where the amount of damage done by the violation of any of the provisions of this act is five hundred dollars or more, is punishable by imprisonment in the state prison not exceeding five years or in the county jail. not exceeding one year; provided, however, if such damage amounts to less than five hundred dollars, every person violating any of the provisions of this act shall be guilty of a misdemeanor. History: Enacted February 14, 1872, founded on § 692 of New York Penal Code of 1852, and §§ 12, 13 Act April 28, 1855, Stats. 1855, p. 193, § 20 Act May 16, 1861, Stats. 1861, p. 397, and § 53 Act May 20, 1861, Stats. 1861, p. 625; amended April 23, 1915, Stats. and Amdts. 1915, p. 180. In effect August 8, 1915. P. C.-42 INJURY TO HIGHWAYS, ETC. 1. Construction of section-Closing road-Intent-Malice. 2. Same-Running water-Deposit of debris. 3. Improper instruction-Injury to highway. 1. Construction of section-Closing road Intent Malice.-Defendant can not be convicted of injuring public highway, under this section, where it appears that highway had been altered by board of supervisors, and defendant had merely closed up old road over his land, and had right to believe that such old road had been abandoned, and that he had right to fence it up with his other lands for his own convenience and benefit, as with such a belief he could have had no intent to commit crime of which malice was necessary ingredient.-People v. Goodin, 136 Cal. 455, 458, 69 Pac. 85. boxes, from whence it was dumped upon side of mountain, from which it ran, highly charged with gravel and sediment across such highway, depositing thereon large quantities of mud, gravel, and debris and obstructing free use of highway, and there is no section of code which seems to provide for such case, where cause of obstruction is remote from highway, and where obstruction could be removed in no other way than by closing down parties' mining operations.-County of Sierra v. Butler, 136 Cal. 547, 548, 550, 69 Pac. 418. 3. Improper instruction-Injury to highway. In prosecution for maliciously injuring public highway, charge that if jury believe from evidence that defendant had legal right to injure or destroy highway, when he had no legal grounds for such belief, and when he had in fact no such right, fact of such belief does not justify his acts in injuring highway, is erroneous, as eliminating from case question of intent. -People v. Goodin, 136 Cal. 455, 457, 69 Pac. 85. § 588a. THROWING GLASS, ETC., UPON HIGHWAY. Any person who throws or deposits any glass bottle, glass, nails, tacks, hoops, wire, cans or any other substance likely to injure any person, animal or vehicle upon any public highway in the State of California shall be guilty of a misdemeanor. History: Enacted February 28, 1911, Stats. and Amdts. 1911, p. 91. § 588b. ENGINEERING DEPARTMENT MAY CLOSE ROADS. 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. [May erect barriers.] 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. [Penalty for breaking down barriers.] When such road or highway is closed to the public or in process of construction or maintenance, as provided herein, any person who wilfully 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 engineering, its officers, appropriate employees, or its authorized contracter, shall be guilty of a misdemeanor. History: Enactment approved May 20, 1915, Stats. and Amdts. 1915, § 588c. REMOVING STAKES, ETC., OF STATE HIGHWAY, MISDEMEANOR. Any person who wilfully 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. History: Enactment approved April 23, 1915, Stats. and Amdts. 1915, p. 180. In effect August 8 1915. § 589. INJURIES TO TOLL HOUSES AND GATES. Every person who maliciously injures or destroys any toll house or turnpike gate, is guilty of a misdemeanor. History: Enacted February 14, 1872, founded on § 693 of the New York Penal Code of 1852, § 32 Act May 12, 1853, Cal. Stats. 1853, p. 176. § 590. INJURIES TO MILE-STONES AND GUIDE-BOARDS. Every person who maliciously removes, destroys, injures, breaks or defaces any milepost, board or stone, or guide-post erected on or near any highway, or any inscription thereon, is guilty of a misdemeanor. History: Enacted February 14, 1872, founded on § 694 of the New § 590a. INFORMER TO RECEIVE HALF OF FINES COLLECTED. One half of all fines imposed and collected under the provisions of section five hundred and ninety shall be paid to the informer who first causes a complaint to be filed charging the defendant with the violation of said section. History: Enacted March 22, 1907, Stats. and Amdts. 1907, p. 892, Kerr's Stats. and Amdts. 1906-7, p. 530. 1. Half of penalty to go to informer.-As procedure, and right of informer in judg to validity of such a provision, methods of ment, see, ante, § 259 and note. § 590b. DRIVING FASTER THAN A WALK OVER BRIDGES. 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. History: Enacted March 21, 1911, Stats. and Amdts. 1911, p. 428. § 591. INJURING TELEGRAPH OR TELEPHONE LINES. Every person who 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 |