period not more than one year, or by fine not exceed- Stats. 1871-2, p. 435. An Act supplementary to an Act entitled "An Act [Approved March 20, 1872.] [Enacting clause.] SECTION 1. Every person who shall feloniously steal, take, and carry away, or attempt to take, steal, and carry from any mining claim, tunnel, sluice, undercurrent, riffle box, or sulphurate machine, any gold dust, amalgam, or quicksilver, the property of another, shall be deemed guilty of grand larceny, and, upon conviction thereof, shall be punished by imprisonment in the State Prison for any term of not less than one year nor more than fourteen years. SEC. 2. This Act shall be in force from and after its passage. of lost 485. One who finds lost property under circum- Larceny stances which give him knowledge of or means of property. 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. NOTE.-See People vs. Anderson, 14 Johns., p. 294; 486. (§§ 60, 61.) Larceny is divided into two degrees, the first of which is termed grand larceny; the second, petit larceny. NOTE.-See note to Sec. 484, ante. Grand and petit larceny. 487. (§ 60.) Grand larceny is larceny committed Grand in either of the following cases: 1. When the property taken is of a value exceeding fifty dollars. larceny defined. Petit larceny. Punishment of grand larceny. Punishment of petit larceny. Dogs property. Larceny of written instruments. 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, goat, sheep, or hog. NOTE.-Stats. 1856, p. 219, Sec. 7; 1868, p. 461, Sec. 1; 1870, p. 777, Sec. 1. See note to Sec. 484, ante. 488. (§ 61.) Larceny in other cases is petit larceny. NOTE.-Stats. 1856, p. 219, Sec. 8. See note to Sec. 484, ante. 489. Grand larceny is punishable by imprisonment in the State Prison for not less than one nor more than ten years. NOTE.-See notes to Secs. 460 and 484. 490. Petit larceny is punishable by fine not exceeding five hundred dollars, or by imprisonment in the County Jail not exceeding six months, or both. NOTE.-Stats. 1856, p. 219, Sec. 8. 491. Dogs are property, and of the value of one dollar each, within the meaning of the terms “propcrty" and "value," as used in this Chapter. NOTE.-Stats. 1860, p. 70, Sec. 1. 492. (§ 62.) 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. NOTE.-Stats. 1856, p. 219, Sec. 9. Lottery tickets being prohibited to be sold or issued in this State, are, of course, not included in this section as property. 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. Value of passage tickets. struments, 494. All the provisions of this Chapter apply Written inwhere the property taken is an instrument for the pay- completed ment of money, evidence of debt, public security, or delivered. 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. and 495. The provisions of this Chapter apply where Severing the thing taken is any fixture or part of the realty, removing 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. NOTE.-See Stats. 1871-2, p. 282, cited in note to Sec. 484, ante. This and the three preceding sections correspond with the N. Y. Penal Code. 496. Every person who, 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, is punishable by imprisonment in the State Prison not exceeding five years, or in the County Jail not exceeding six months, or by both. NOTE. This section is founded upon Section 63 of the Crimes and Punishment Act (Stats. 1850, p. 229), which contained a provision that "every such person may be tried, convicted, and punished, as well before as after the trial of his principal," which is transferred to Part II of this Code "Of Criminal Procedure."-See Secs. 971, 972, post. part of Receiver of stolen property. Larceny and stolen 497. Every person who, in another State or coun- committed try, steals the property of another, or receives such property property knowing it to have been stolen, and brings this State. received Stealing gas. Stealing water. Larceny of goods saved the same into this State, may be convicted and punished in the same manner as if such larceny or receiving had been committed in this State. NOTE.-See Stats. 24 and 26 Vict., Chap. 96, Sec. 114. 498. Every person who, with intent to injure or defraud, makes or causes to be made any pipe, tube, or other instrument, and connects the same, or causes it to be connected, with any main, service pipe, or other pipe for conducting or supplying illuminating gas, in such manner as to supply illuminating gas to any burner or orifice, by or at which illuminating gas is consumed, around or without passing through the meter provided for the measuring and registering the quantity consumed, or in any other manner so as to evade payment therefor, and every person who, with like intent, injures or alters any gas meter or obstructs its action, is guilty of a misdemeanor. NOTE.-Founded upon Sections 1 and 2 of an Act for the protection of gas light companies.-Stats. 1859, p. 309. Reg. vs. White, 6 Cox Cr. Cas., p. 213. 499. Every person who, with intent to injure or defraud, connects or causes to be connected, any pipe, tube, or other instrument, with any main, service pipe, or other pipe, or conduit or flume for conducting water, for the purpose of taking water from such main, service pipe, conduit or flume, without the knowledge of the owner thereof, and with intent to evade payment therefor, is guilty of a misdemeanor. NOTE.-Stats. 1861, p. 533, Secs. 1, 2, 3. 500. Every person who, in the City and County of San Francisco, saves from fire or from a building Francisco. endangered by fire, any property, and for two days thereafter corruptly neglects to notify the owner or Fire Marshal thereof, is punishable by imprisonment in the State Prison for not less than one nor more than ten years. NOTE.-See Sec. 3343 and note, Political Code Cal. or receiving junk, etc., 501. Every person who purchases or receives in Purchasing pledge or by way of mortgage, from any person under in pledge the age of sixteen years, any junk, metal, mechan- of minors, ical tools, or implements, is guilty of a misdemeanor. 502. Sections 339, 342, and 343 of THE PENAL CODE are applicable to persons carrying on the business of junk dealers, and apply to their transactions of purchase and sale, as well as to those of pledge or mortgage. NOTE.-Secs. 501 and 502 were added to the Penal misdemeanor. Applies 339, 312, Sections and 343 to junk dealers, etc. CHAPTER VI. EMBEZZLEMENT. SECTION 503. "Embezzlement" defined. 504. When officer, etc., of any association, guilty of embez- 505. When carrier or other person having property for trans- 506. When trustee, banker, etc., guilty of embezzlement. 509. Distinct act of taking. 510. Evidence of debt undelivered may be subject of embez zlement. 511. Claim of title a ground of defense. 512. Intent to restore the property is no defense. 513. But actual restoration is a ground for mitigation of punishment. 514. Punishment for embezzlement. zlement" 503. Embezzlement is the fraudulent appropria- "Embez tion of property by a person to whom it has been defined. intrusted. |