Legislation § 537b. 1. Added by Stats. 1903, p. 157, as § 5374. 2. Amended by Stats. 1905, p. 685, merely changing the number of the section from 537% to 537b.

§ 537c. Unauthorized use of horses, etc. Every owner, manager, proprietor, or other person, having the management, charge or control of any livery-stable, feed or boarding stable, and every person pasturing stock, who shall receive and take into his possession, charge, care or control, any horse, mare, or other animal, or any buggy, or other vehicle, belonging to any other person, to be by him kept, fed, or cared for, and who, while said horse, mare or other animal or buggy or other vehicle, is thus in his possession, charge, care or under his control, as aforesaid, shall drive, ride or use, or knowingly permit or allow any person other than the owner or other person entitled so to do, to drive, ride, or otherwise use the same, without the consent or permission of the owner thereof, or other person charged with the care, control or possession of such property, shall be guilty of a misdemeanor.

Legislation § 537c. Added by Stats. 1909, p. 277.

§ 538. Removing mortgaged personal property. Further encumbrance or sale. Every person who, after mortgaging any of the property mentioned in section two thousand nine hundred and fifty-five of the Civil Code, excepting locomotives, engines, rolling-stock of a railroad, steamboat machinery in actual use, and vessels, during the existence of such mortgage, with intent to defraud the mortgagee, his representatives or assigns, takes, drives, carries away, or otherwise removes or permits the taking, driving, or carrying away, or other removal of the mortgaged property, or any part thereof, from the county where it was situate when mortgaged, without the written consent of the mortgagee, or who sells, transfers, or in any manner further encumbers the said mortgaged property, or any part thereof, or causes the same to be sold, transferred, or further encumbered, is guilty of larceny, and is punishable accordingly; unless at or before the time of making such sale, transfer, or encumbrance, such mortgagor informs the person to whom such sale, transfer, or encumbrance is made, of the existence of the prior mortgage, and also informs the prior mortgagee of the intended sale, transfer, or encumbrance, in writing, by giving the name and place of residence of the party to whom the sale, transfer, or encumbrance is to be made. [Amended

1905; Stats. 1905, p. 686.]

Legislation § 538. 1. Added (in part) by Stats. 1887, p. 87, as § 537, which read: "537. Every person who, after mortgaging any

of the property mentioned in section two thousand nine hundred and fifty-five of the Civil Code, except locomotives, engines, rollingstock of a railroad, steamboat machinery in actual use, and vessels, voluntarily removes or permits the removal of the mortgaged property from the place where it was situated at the time it was mortgaged, without the written consent of the mortgagee, with intent to deprive the mortgagee of his interest therein, is guilty of a misdemeanor."

2. Amended by Stats. 1893, p. 119 (approved March 9, 1893), to read: "537. Every person who, after mortgaging any of the property mentioned in section two thousand nine hundred and fifty-five of the Civil Code, excepting locomotives, engines, rolling-stock of a railroad, steamboat machinery in actual use, and vessels, during the existence of such mortgage, with the intent to defraud the mortgagee, his representatives or assigns, transfers, sells, takes, drives, or carries away, or otherwise disposes of, or permits the transferring, selling, taking, driving, or carrying away, or otherwise disposing of such mortgaged property, or any part thereof, from the county where it was situated at the time it was mortgaged, without the written consent of the mortgagee, is guilty of larceny, and shall be punished accordingly."

3. Added (in part) by Stats. 1893, p. 119, as § 538 (by the same act amending § 537, quoted supra), which read: "538. Every person who, after mortgaging any of the property mentioned in section two thousand nine hundred and fifty-five of the Civil Code, excepting locomotives, engines, rolling-stock of a railroad, steamboat machinery in actual use, and vessels, during the existence of such mortgage, sells, transfers, or in any manner further encumbers the said mortgaged property, or any part thereof, or causes the same to be sold, transferred, or further encumbered, is guilty of larceny, and shall be punished accordingly; unless at or before the time of making such sale, transfer, or encumbrance, such mortgagor shall inform the person to whom such sale, transfer, or encumbrance may be made, of the existence of the prior mortgage, and shall inform the prior mortgagee of the intended sale, transfer, or encumbrance, in writing, by giving the name and place of residence of the party to whom the sale, transfer, or encumbrance is to be made."

4. Repeal by Stats. 1901, p. 466, of § 537, as amended by Stats. 1893, p. 119, and § 538 amended (p. 467) to read same as the present § 538; unconstitutional. See note, § 5, ante.

5. Repeal by Stats. 1905, p. 685, of § 537, as amended by Stats. 1893, p. 119, and § 538 amended (p. 686) by the same act, the enacting paragraph reading, "Sec. 8. Section five hundred and thirtyeight of said code, as approved March 9, 1903, [1893; § 538 was not amended in 1903], is hereby amended to read as follows," this socalled repeal and amendment being in fact a combination and amendment of § 537 as amended in 1893 and § 538; the code commissioner saying in his note to § 537, "There were two sections numbered 537. The one regarding the removal of mortgaged chattels (enacted in 1893) is repealed, the matter contained in it being sufficiently provided for in § 538, infra; the other (enacted in 1899, and amended in 1903) remained in force"; and in his note to § 538 saying, "The amendment extends the operation of the section to cases where personal property is taken, removed, or driven from the county in which it is mortgaged with the intention of defrauding the mortgagee. The change consists in the addition of the words 'with intent to defraud the mortgagee, his representatives or assigns, takes, drives, carries away, or otherwise removes or permits

the taking, driving, or carrying away, or other removal of the mortgaged property, or any part thereof, from the county where it was situated when mortgaged, without the written consent of the mortgagee, or who.' There were two sections of this number: one, added March 9, 1893, which was amended as above set forth; the other, added March 11, 1893, which was renumbered (1905; 686) as 538a."

§ 538a. Misrepresentation of newspaper circulation. Every proprietor or publisher of any newspaper or periodical who shall willfully and knowingly misrepresent the circulation of such newspaper or periodical, for the purpose of securing advertising or other patronage, shall be deemed guilty of a misdemeanor. [Amendment approved 1905; Stats. 1905, p. 686.]

Legislation § 538a. 1. Added by Stats. 1893, p. 132, as § 538.

2. Amendment by Stats. 1901, p. 467, the code commissioners designating the section as 5381⁄2 and renumbering it 538a; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 686, merely changing the number from 538 to 538a.

§ 538b. Wearing badge of secret society unless entitled to. Any person who willfully wears the badge lapel-button, rosette, or other recognized and established insignia of any secret society, order, or organization, or uses the same to obtain aid or assistance within this state, unless entitled to wear or use the same, under the constitution, by-laws, or rules and regulations, or other laws or enactments of such order or society, is guilty of a misdemeanor.

Legislation § 538b. 1. Addition by Stats. 1901, p. 467; unconstitutional. See note, § 5, ante.

2. Added by Stats. 1905, p. 686; the code commissioner saying, "This section consists of the matter formerly in § 5432. The change is made by placing the matter in a section in the proper chapter. By some inadvertence the legislature placed it in the chapter providing for the punishment of persons fraudulently fitting out and destroying vessels."

CHAPTER IX.

Fraudulently Fitting Out and Destroying Vessels.

$539. Captain or other officer willfully destroying vessel, etc. $540. Other persons willfully destroying vessel, etc.

§ 541. Making false manifest, etc.

§ 542. [No section of this number.]

543. [No section of this number.]

§ 5434. Prohibiting unauthorized wearing of society badges, etc. [Repealed, and re-enacted as § 538b.]

Code commissioners' note to Chapter IX. "This chapter is taken from the New York Penal Code, [Field's Draft,] p. 227."

§ 539. Captain or other officer willfully destroying vessel, etc. Every captain or other officer or person in command.

or charge of any vessel, who, within this state, willfully wrecks, sinks, or otherwise injures or destroys such vessel, or any cargo in such vessel, or willfully permits the same to be wrecked, sunk, or otherwise injured or destroyed, with intent to prejudice or defraud any other person, is punishable by imprisonment in the state prison not less than three years.

Legislation § 539. Enacted February 14, 1872; based on Field's Draft, § 628, N. Y. Pen. Code, § 575. The code commissioners say: "Injuring or destroying vessels upon the high seas is provided for by various acts of Congress. (See the acts collected, Brightly's Dig., 209-211.) The above section is therefore limited to acts committed within this state."

§ 540. Other persons willfully destroying vessel, etc. Every person, other than such as are embraced within the last section, who is guilty of any act therein specified, is punishable by imprisonment in the state prison for a term not exceeding ten years.

Vessel, wrecking, injuring or destroying: See post, § 608c.

Legislation § 540. Enacted February 14, 1872; based on Field's Draft, § 629, N. Y. Pen. Code, § 576.

§ 541. Making false manifest, etc. Every person guilty of preparing, making, or subscribing any false or fraudulent manifest, invoice, bill of lading, ship's register, or protest, with intent to defraud another, is punishable by imprisonment in the state prison not exceeding three years.

Fictitious bill of lading, issuing of: See post, §§ 577, 578.

Legislation § 541. Enacted February 14, 1872; based on Field's Draft, §§ 630, 631, N. Y. Pen. Code, § 577.

§ 542. [No section of this number.]

§ 543. [No section of this number.]

§ 54312. Prohibiting unauthorized wearing of society badges, etc. [Repealed 1905; Stats. 1905, p. 685.]

Wearing badge of secret society: See ante, § 538b.

Legislation § 5432. 1. Added by Stats. 1899, p. 90, becoming a law, under constitutional provision, without governor's approval. 2. Repeal by Stats. 1901, p. 468; unconstitutional. See note, § 5, ante.

3. Repealed by Stats. 1905, p. 685, the section being now numbered 538b. See ante, Legislation § 538b, for code commissioner's note.

CHAPTER X.

Fraudulently Keeping Possession of Wrecked Property.

$544. Detaining wrecked property after salvage paid.

$545. Unlawfully taking or having possession of wrecked property. § 544. Detaining wrecked property after salvage paid. Every person who keeps any wrecked property, or the proceeds thereof, after the salvage and expenses chargeable thereon have been agreed to or adjusted, and the amount thereof has been paid to him, is punishable by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or both.

Wrecks and wrecked property: Pol. Code, §§ 2403-2418.

Legislation § 544. Enacted February 14, 1872; based on Stats. 1850, p. 176, § 24.

§ 545. Unlawfully taking or having possession of wrecked property. 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 knowingly has in his possession any goods so taken or found, and does not deliver the same to the sheriff of the county where they were found, or notify him of his readiness to do so within thirty days after the same have been taken by him, or have come into his possession, is guilty of a misdemeanor.

Wrecks and wrecked property: Pol. Code, §§ 2403-2418.

Legislation § 545. Enacted February 14, 1872; based on Stats. 1850, p. 176, § 25.

CHAPTER XI.

Fraudulent Destruction of Property Insured.

$548. Burning or destroying property insured.

$519. Presenting false proofs in support of a claim upon policy of insurance.

§ 548. Burning or destroying property insured. Every person who willfully burns, or in any other manner injures or destroys any property which is at the time insured against loss or damage by fire or by any other casualty, with intent to defraud or prejudice the insurer, whether the same be the property of or in possession of such person or of any other, is punishable by imprisonment in the state prison not less than one nor more than ten years.

Arson: See ante, § 447.

Legislation § 548. Enacted February 14, 1872; based on Field's Draft, § 632, N. Y. Pen. Code, § 578. The code commissioners say: "This section is substituted for § 7 of the act of April 19, 1856