peace or quiet of any neighborhood, family, or person, by loud or unusual noise, or by tumultuous or offensive conduct, or by threatening, traducing, quarreling, challenging to fight, or fighting, is punishable by fine not exceeding two hundred dollars, or by imprisonment in the county jail not exceeding two months.”

2. Amended by Code Amdts. 1877-78, p. 117.

§ 416. Refusing to disperse upon lawful command. If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor.

Legislation § 416. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 243, § 113, which read: "§ 113. If two or more persons assemble for the purpose of disturbing the public peace or committing any unlawful act, and do not disperse on being desired or commanded so to do by a judge, justice of the peace, sheriff, coroner, constable, or other public officer, the persons so offending shall, on conviction, be severally fined in any sum not exceeding five hundred dollars, and imprisoned in the county jail not more than six months."

§ 417. Exhibiting deadly weapon in rude, etc., manner, or using the same unlawfully. Every person who, not in necessary self-defense, in the presence of two or more persons, draws or exhibits any deadly weapon in a rude, angry, and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor. Legislation § 417. Enacted February 14, 1872; based on Stats. 1855, p. 268, § 1.

§ 418. Forcible entry and detainer. Every person using or procuring, encouraging or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor.

Forcible entry and detainer: See Code Civ. Proc., §§ 1159 et seq. Legislation § 418. Enacted February 14, 1872; based on Field's Draft, § 492, N. Y. Pen. Code, § 465.

§ 419. Returning to take possession of lands after being removed by legal proceedings. Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal, or officer, and who afterwards unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misdemeanor.

Legislation § 419. Enacted February 14, 1872. (Field's Draft, § 493, N. Y. Pen. Code, § 466.) The code commissioners say: "This section is founded upon and to carry out the spirit of an act for the punishment of contempts and trespasses. (Stats. 1862, p. 115.)"

§ 420. Preventing person from entering upon public lands. Every person who unlawfully prevents, hinders, or obstructs any person from peaceably entering upon or establishing a settlement or residence on any tract of public land of the United States within the state of California, subject to setflement or entry under any of the public land laws of the United States; or who unlawfully hinders, prevents, or obstructs free passage over or through the public lands of the United States within the state of California, for the purpose of entry, settlement, or residence, as aforesaid, is guilty of a misdemeanor.

Legislation § 420. 1. Addition by Stats. 1901, p. 462; unconstitutional. See note, § 5, ante.

2. Added by Stats. 1905, p. 675; the code commissioner saying, "This is a codification of the statute of 1887, p. 147." Another section numbered 420 was added by Code Amdts. 1877-78, p. 117, and related to inciting riots; this section was repealed by Code Amdts. 1880, p. 1.

§ 421. National guard, discrimination against members of. No association or corporation shall by any constitution, rule, by-law, resolution, vote or regulation, discriminate against any member of the national guard of California because of his membership therein. Any person who willfully aids in enforcing any such constitution, rule, by-law, resolution, vote or regulation against any member of said national guard of California, is guilty of a misdemeanor.

Legislation § 421. Added by Stats. 1905, p. 190.

TITLE XII.

Crimes Against the Revenue and Property of this State.

§ 424. Embezzlement and falsification of accounts by public officers. § 425. Officers neglecting to pay over public moneys.

§ 426. "Public moneys," as used in the two preceding sections defined. Failure to pay over fines and forfeitures received, a misde

§ 427.

meanor.

$428. Obstructing officer in collecting revenue.

§ 429. Refusing to give assessor list of property, or giving false

§ 430. § 431.

§ 432.

§ 433.

name.

Making false statements, not under oath, in reference to taxes. Delivering receipts for poll-taxes, other than prescribed by law, or collecting poll-taxes, etc., without giving the receipt prescribed by law.

Having blank receipts for licenses, etc., other than those prescribed by law.

Selling undated foreign miners' licenses.

[Repealed.]

Refusing to give name of persons in employment, etc.
Carrying on business without license.

Unlawfully acting as auctioneer.

§ 437.

Forging state revenue stamps. [Repealed.]

§ 438.

§ 439.

Making instruments on unstamped paper. [Repealed.] Effecting insurance on account of foreign companies that have not complied with the laws of this state.

§ 440.

§ 441.

Officer charged with collection, etc., of revenue, refusing to permit inspection of his books.

Board of examiners, controller, and treasurer neglecting certain duties.

§ 442. Military property, unlawful conversion of.

§ 442. Wearing uniform of United States army except by certain persons, forbidden. Theatrical people. Civic societies. § 443. Selling state arms, etc. [Repealed.]

§ 424. Embezzlement and falsification, of accounts by public officers. Each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safe-keeping, transfer, or disbursement of public moneys, who either:

1. Without authority of law, appropriates the same, or any portion thereof, to his own use, or to the use of another; or,

2. Loans the same or any portion thereof; makes any profit out of, or uses the same for any purpose not authorized by law; or,

3. Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same;

or,

4. Fraudulently alters, falsifies, conceals, destroys, or obliterates any such account; or,

5. Willfully refuses or omits to pay over, on demand, any public moneys in his hands, upon the presentation of a draft,

order, or warrant drawn upon such moneys by competent authority; or,

6. Willfully omits to transfer the same, when such transfer is required by law; or,

7. Willfully omits or refuses to pay over to any officer or person authorized by law to receive the same any money received by him under any duty imposed by law so to pay over the same;—

Is punishable by imprisonment in the state prison for not less than one nor more than ten years, and is disqualified from holding any office in this state. [Amendment approved 1905; Stats. 1905, p. 53.]

Embezzlement of public funds: See post, § 514.

Legislation § 424. 1. Enacted February 14, 1872. The code commissioners say: "This section was amended so as to read as published in the text, by act of April 1, 1872, cited in note to § 391, ante. It is founded upon the following laws: §§ 66 and 67 of the Crimes and Punishment Act, Stats. 1850, p. 229; an act to punish embezzlement of the public money, Stats. 1851, p. 425; an act for the protection of the treasury, Stats. 1863, p. 97.

When enacted in 1872, (1) the introductory paragraph had the word "Every" instead of "Each" as the initial work of the paragraph, the change being made in 1880; (2) subd. 2 reading, "2. Loans the same or any portion thereof; or"; (3) subds. 3, 4, and 5 (omitted in 1905) read, "3. Fails to keep the same in his possession until disbursed or paid out by authority of law; or, 4. Unlawfully deposits the same or any portion thereof in any bank, or with any banker or other person; or, 5. Changes or converts any portion thereof from coin into currency, or from currency into coin or other currency, without authority of law; or"; (4) the present subds. 3, 4, 5, 6, and 7 then being numbered 6, 7, 8, 9, and 10, respectively (the change being made in 1905).

2. Amended by Code Amdts. 1880, p. 39, (1) in introductory paragraph, changing "Every" to "Each" as the initial word; (2) subd. 2 reading, "2. Loans the same, or any portion thereof, or having the possession or control of any public money, makes a profit out of, or uses the same for any purpose not authorized by law: or"; the section otherwise reading as in the original code.

3. Amended by Stats. 1905, p. 53.

§ 425. Officers neglecting to pay over public moneys. Every officer charged with the receipt, safe-keeping, or disbursement of public moneys, who neglects or fails to keep and pay over the same in the manner prescribed by law, is guilty of felony.

Fines to be paid over: Post, §§ 1457, 1570.

Legislation § 425. Enacted February 14, 1872.

§ 426. "Public moneys," as used in the two preceding sections, defined. The phrase "public moneys," as used in the two preceding sections, includes all bonds and evidence of indebtedness, and all moneys belonging to the state, or any

city, county, town, or district therein, and all moneys, bonds, and evidences of indebtedness received or held by state, county, district, city, or town officers in their official capacity.

Legislation § 426. Enacted February 14, 1872.

§ 427. Failure to pay over fines and forfeitures received, a misdemeanor. If any clerk, justice of the peace, sheriff, or constable, who receives any fine or forfeiture, refuses or neglects to pay over the same according to law and within thirty days after the receipt thereof, he is guilty of a misdemeanor.

Fines to be paid over: See post, §§ 1457, 1570.

Legislation § 427. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 288, § 680.

§ 428. Obstructing officer in collecting revenue. Every person who willfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money in which the people of this state are interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor.

Legislation § 428. Enacted February 14, 1872; based on Field's Draft, § 501, N. Y. Pen. Code, § 475.

§ 429. Refusing to give assessor list of property, or giving false name. Every person who unlawfully refuses, upon demand, to give to any county assessor a list of his property subject to taxation, or to swear to such list, or who gives a false name or fraudulently refuses to give his true name to any assessor, when demanded by such assessor in the discharge of his official duties, is guilty of a misde

meanor.

Statement of property owned: See Pol. Code, §§ 3629, 3631.

Legislation § 429. Enacted February 14, 1872; based on Stats. 1861, p. 424, §§ 17, 18.

§ 430. Making false statements, not under oath, in reference to taxes. Every person who, in making any statement, not upon oath, oral or written, which is required or authorized by law to be made, as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, willfully states anything which he knows to be false, is guilty of a misdemeanor.

Statement of value: See Pol. Code, §§ 3629, 3631.

Reduction of valuation: See Pol. Code, §§ 3674, 3675.

Legislation § 430. Enacted February 14, 1872 (Field's Draft, § 520, N. Y. Pen. Code, § 485); based on Stats. 1861, pp. 424, 440, §§ 17, 18, 68. The code commissioners say: "Stats. Geo. III, c. cv, § 9.