Stokes, 1 Salk., p. 342; People vs. Hood, 6 Cal., p. 236; Com. vs. Gray, 2 Gray, p. 501; Rex vs. Stoughton, 2 Str., p. 900. Per contra, in U. S. vs. Potter, 6 McLean C. C., p. 186, it was held that "cutting or causing to be cut" was not fatal. "And" should be used in all such cases. 471. (§ 73.) Every person who, with intent to defraud another, makes, forges, or alters any entry in any book of records, or any instrument purporting to be any record or return specified in the preceding section, is guilty of forgery. 472. Every person who, with intent to defraud another, forges, or counterfeits the seal of this State, the seal of any public officer authorized by law, the seal of any Court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laws of this State, or of any other State, Government, or country, or who falsely makes, forges, or counterfeits any impression purporting to be an impression of any such seal, or who has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and willfully conceals the same, is guilty of forgery. NOTE.-Founded upon Sec. 81 of the Crimes and Punishment Act (Stats. 1850, p. 229), extended to include corporate and foreign seals. 473. (§ 73.) Forgery is punishable by imprisonment in the State Prison for not less than one nor more than fourteen years. 474. Every person who knowingly and willfully sends by telegraph to any person a false or forged message, purporting to be from such telegraph office, or from any other person, or who willlly delivers, or causes to be delivered to any person any such message falsely purporting to have been received by telegraph, or who furnishes or conspires to furnish, or causes to be furnished to any agent, operator, or employé, to be sent by telegraph, or to be delivered, any such message, knowing the same to be false or forged, with the intent to deceive, injure, or defraud another, is punishable by imprisonment in the State Prison not exceeding five years, or in the County Jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both fine and imprisonment. Passing or receiving forged 475. (§ 76.) Every person who has in his possession, or receives from another person, any forged prom- o issory note or bank bill, or bills, for the payment of money or property, with the intention to pass the same, or to permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person, knowing the same to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note or bank bill made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or procure the same to be filled completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered or passed, to defraud any person, is punishable by impris onment in the State Prison for not less than one nor more than fourteen years. NOTE.-See notes to Secs. 479, 480, post. up and + 41 Cal. 645. passing, or 476. (§ 77.) Every person who makes, passes, Making, utters, or publishes, with intention to defraud any uttering other person, or who, with the like intention, attempts bills, etc. to pass, utter, or publish, or who has in his possession, with like intent to utter, pass, or publish, any fictitious bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment. of money or property of some bank, corporation, copartnership, or individual, when, in fact, there is no the א 20 Counterfeiting coin, bullion, etc. Punish ment of counterfeiting. Possessing or receiving coin, bullion, etc. such bank, corporation, copartnership, or individual in existence, knowing the bill, note, check, or instrument in writing to be fictitious, is punishable by imprisonment in the State Prison for not less than one nor more than fourteen years. 477. (§ 74.) Every person who counterfeits any of the species of gold or silver coin current in this State, or any kind or species of gold dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or who sells, passes, or gives in payment such counterfeit coin, dust, bullion, bars, lumps, pieces, or nuggets, or per mits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeited, is guilty of counterfeiting. NOTE. This section is framed from Sec. 74 of the Crimes and Punishment Act, and is extended to include the kindred offenses provided for in Sec. 1 of the Act in relation to counterfeiting gold dust, etc., Stats. 1855, p. 178, and also to include counterfeiting silver bars, etc. 478. (§§ 76, 77.) Counterfeiting is punishable by imprisonment in the State Prison for not less than one nor more than fourteen years. NOTE.-Stats. 1855, p. 178, Secs. 1, 2. 479. (§ 75.) Every person who has in his possescounterfeit sion, or receives for any other person, any counterfeit gold or silver coin of the species current in this State, or any counterfeit gold dust, gold or silver bullion or bars, lumps, pieces, or nuggets, with the intention to sell, utter, put off, or pass the same, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeit, is punishable by imprisonment in the State Prison not less than one nor more than fourteen years. NOTE.-Founded upon Section 5 of the Crimes and Punishment Act, and Section 2 of Act to prevent counterfeiting gold dust, etc. (Stats. 1855, p. 178), extended to include silver bars, etc. Proof.-People vs. Farrell, Courts to puni81. Every person who counterfeits, Torges, or anvis not defrauded ticket, check, order, coupon, receipt for fare or which the cot, issued by any railroad company, or by any lessee Farrell, supra manager thereof, designed to entitled the holder 480. (§ 78.) Everride in the cars of such company, or who utters, pubingly has in his possesses or puts into circulation, any such counterfeit, or ratus, paper, metal, mared ticket, check, or order, coupon, receipt for fare or made use of in counterf, with intent to defraud any such railroad company, or in counterfeiting golny lessee thereof, or any other person, is punishable mprisonment in the State Prison, or in the County lion, lumps, pieces, o, not exceeding one year, or by fine not exceeding bank notes or bills, is thousand dollars, or by both such imprisonment the State Prison not lid fine. teen years; and all su must be destroyed. Punishmen metal, or machine, in 482. Every person who, for the purpose of restoring its original appearance and nominal value in whole in part, removes, conceals, fills up, or obliterates, NOTE.-le cuts, marks, punch-holes, or other evidence of Counterfeitincelation, from any ticket, check, order, coupon, Sufficiency ceipt for fare or pass, issued by any railroad com30 Cal., p.ny, or any lessee or manager thereof, canceled vs. White whole or in part, with intent to dispose of by sale r gift, or to circulate the same, or with intent to efraud the railroad company, or lessee thereof, or ny other person, or who, with like intent to defraud, ffers for sale, or in payment of fare on the railroad of he company, such ticket, check, order, coupon, or ass, knowing the same to have been so restored, in ole or in part, is punishable by imprisonment in the 485. Larceny of ty Jail, not exceeding six months, or by a fine not 486. Grand and pling one thousand dollars, or by both such im487. Grand larcen ent and fine. SECTION 484. "Larceny SECTION 488. Petit larceny. 489. Punishment of grand larceny. 490. Punishment of petit larceny. 491. Dogs property. 492. Larceny of written instruments. 493. Value of passage tickets. 494. Written instruments completed but not delivered. 495. Severing and removing part of the realty declared larceny. 496. Receiver of stolen property. 497. Larceny committed and stolen property received out of this State. 498. Stealing gas. 499. Stealing water. 500. Larceny of goods saved from fire in San Francisco. 501. Purchasing or receiving in pledge junk, etc., of minors, misdemeanor. 502. Applies Sections 339, 342, and 343 to junk dealers, etc. 484. (§§ 60, 61.) Larceny is the felonious stealing, taking, carrying, leading, or driving away the personal property of another. NOTE.-Stats. 1856, p. 219, Sec. 7. "Proof of the felonious and fraudulent taking with intent to deprive the owner of the property, is sufficient to charge the defendant without proof that he intended to convert the property to his own use."-People vs. Juarez, 28 Cal., p. 382. "Our Criminal Code, however, describes no such offense as burglary complicated and mixed with another felony. If, in addition to burglary, another offense has been committed, it must be made the foundation of another indictment."-People vs. Garnett, 29 Cal., p. 626. One holding a quitclaim deed as bailec, made to himself, commits no larceny in converting it to his own use.-People vs. Mackinley, 9 Cal., p. 250. Taking one's own property with the intention and purpose of charging a bailee therewith and cause him loss, is larceny.-People vs. Stone, 16 Cal., p. 369; see People vs. Cohen, 8 Cal., p. 42; and People vs. Poggi, 19 Cal., p. 600, on “bailee," etc. A bailee ` obtaining property as such intending to convert it, and does convert it to his own use, is guilty of larceny.People vs. Smith, 23 Cal., p. 280. It would be different if the intent to steal arose or was conceived after the taking. Id.; People vs. Jersey, 18 Cal., p. 337; People vs. Bogart, 36 Cal., p. 247. This latter case goes also to the point of description of the subject of the arceny, and the description of the owner or person |