case may be, shall be deemed the value of the article so Omitted provisions. The provisions of 2 Rev. Stat., 680, passage S594. If the thing stolen is any ticket, or other Value of paper or writing entitling or purporting to entitle the ticket. holder or proprietor thereof to a passage upon any railroad, or in any 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, shall be deemed the value of such ticket. See Laws of 1855, ch. 499, §§ 1 and 2. Lottery Tickets. The Revised Statutes contain a provision, in substance, that if the property stolen consist of a ticket in any lottery authorized by the laws of this state, and is stolen before the drawing of the lottery, the price paid for the ticket shall be deemed its value; if stolen after the drawing the amount due and payable to the holder shall be deemed the value. 2 Rev. Stat., 679, 67. This was proper while the law of the state authorized some kinds of lotteries. But as provisions are elsewhere reported prohibiting all lotteries (see sections 370-384), and all dealing in lottery tickets within the state, it seems proper that such tickets should no longer be recognized as property which can be the subject of larceny. The provision of the Revised Statutes above referred to is therefore omitted. S 595. All the provisions of this chapter shall 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. See Laws of 1855, ch. 499, § 3. $596. All the provisions of this chapter shall apply where the thing taken is any fixture or part of the realty, and is severed at the time of the taking, Securities but not yet issued, de completed, clared pro perty. Severing and remov ing a part of the realty, de card lar Stealing wrecked goods, &c. Receiving stolen property. Fraudulent consump tion of illu in the same manner as if such thing had been severed by another person at some previous time. Substituted for 2 Rev. Stat., 679, § 68, which is as follows: "If any person shall sever from the soil of another any produce growing thereon of the value of more than twenty-five dollars, or shall sever from any building, or from any gate, fence, or other railing or enclosure, any part thereof, or any material of which it is formed, of the like value, and shall take and convert the same to his own use, with the intent to steal the same, he shall be deemed guilty of larceny in the same manner, and of the same degree as if the articles so taken had been severed at some previous and different time." S597. Every person who takes away any goods from any stranded vessel, or any goods cast by the sea upon the land, or found in any bay or creek, or who knowingly becomes possessed, of any such, and does not deliver the same, within forty-eight hours thereafter, to the sheriff or one of the coroners or wreck masters of the county where the same were found, is guilty of a misdemeanor. Rep. Pol. Code, § 304. $598. Every person who buys or receives, in any manner, whether upon any consideration or not, any personal property of any value whatsoever, that has been stolen from any other, knowing the same to have been stolen, is punishable by imprisonment in a state prison not exceeding five years, or in the county jail not exceeding six months, or by a fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment. 2 Rev. Stat., 680, § 71. This provision of the Revised Statutes is immediately followed by a section as follows: "In any indictment for any offense specified in the last section, it shall not be necessary to aver, nor on the trial thereof to prove, that the principal who stole such property has been convicted." 2 Rev. Stat., 680, § 72. This provision is here omitted merely as not being within the scope of the Penal Code. The principle embodied is unquestionable, and the section should be transferred to the Code of Criminal Procedure, to follow section 312. $599. Every person who, with intent to defraud, makes or causes to be made any pipe or other instru gas. ment or contrivance, and connects the same, or causes minating See Laws of 1854, ch. 109, § 1; Laws of 1859, ch. committed out of this state. $ 600. Every person who, in any other state or Larceny country, steals the property of another or receives such property knowing it to have been stolen, and brings 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; and such offense may be charged to have been committed in any town or city into or through which such stolen property has been brought. 2 Rev. Stat., 698, § 4; Stat. 24 and 26 Vict., ch. CHAPTER V. EMBEZZLEMENT. SECTION 601. "Embezzlement" defined. 602. When officer, &c., of any association, guilty of embezzle- 603. When carrier, or other person having property for trans- 604. When trustee, banker, &c., guilty of embezzlement. 605. When bailee guilty of embezzlement. 606. When clerk or servant guilty of embezzlement. 607. Distinct act of taking, not necessary to constitute embez zlement. 608. Evidence of debt undelivered, may be subject of embez zlement. 609. Claim of title a ground of defense. 610. Intent to restore the property is no defense. 611. But actual restoration is a ground for mitigation of pun ishment. 612. Punishment for embezzlement. "Embezzlement" defined. When offi- When carrier, or other per son, having property for trans portation for hire, guilty of embezzlement. When trustee, &c., guilty of embez zlement. S601. Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted. As to the distinctions between robbery, larceny, embezzlement and extortion, see notes to sections 280 and 584. S602. If any person, being an officer, director, trustee, clerk, servant or agent of any association, society or corporation (public or private), fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control in virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, he is guilty of embezzlement. This chapter embodies a considerable extension of our existing law relative to embezzlement. Several of the provisions reported are founded upon, or suggested by those of the recent English statutes, 24 and 25 Vict., ch. 96. S 603. If any carrier or other person having under his control personal property for the purpose of transportation for hire, fraudulently appropriates it to any use or purpose inconsistent with the safe keeping of such property and its transportation according to his trust, he is guilty of embezzlement, whether he has broken the package in which such property is contained, or has otherwise separated the items thereof, or not. S 604. If any person, being a trustee, banker, merbanker, &c. chant, broker, attorney, agent, assignee in trust, executor, administrator or collector, or being otherwise entrusted with or having in his control property for the use of any other person, or for any public or benevolent purpose, fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, he is guilty of embezzlement. When bailee guilty of S605. If any person being entrusted with any property as bailee, or with any power of attorney for ment. the sale or transfer thereof, fraudulently converts the embezzlesame or the proceeds thereof to his own use, or secretes it or them with a fraudulent intent to convert to his own use, he is guilty of embezzlement, whether he has broken the package or otherwise determined the bailment or not. S606. If any clerk or servant of any private person or copartnership or corporation (except apprentices and persons within the age of eighteen years), fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any property of any other person which has come into his control or care by virtue of his employment as such clerk or servant, he is guilty of embezzlement. See 2 Rev. Stat., 678, § 59. $607. A distinct act of taking is not necessary to constitute embezzlement; but any fraudulent appropriation, conversion or use of the property, coming within the above prohibitions, is sufficient. People v. Dalton, 15 Wend., 581. $ 608. Any evidence of debt, negotiable by delivery only, and actually executed, is equally the subject of embezzlement, whether it has been delivered or issued as a valid instrument or not. 2 Rev. Stat., 678, § 60. S609. Upon any indictment for embezzlement it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith, even though such claim is untenable. But this provision shall not excuse the retention of the property of another to offset or pay demands held against him. S 610. The fact that the accused intended to restore the property embezzled, is no ground of defense, or of mitigation of punishment, if it has not been restored before an information has been laid before a magistrate, charging the commission of the offense. |