False statements made under the sanction of an oath, in any of the cases referred to in the section above, fall within the definition of perjury, as given in this code, and are therefore excluded from the operation of this section. § 431. Delivering receipts for poll-taxes, other than prescribed by law, or collecting poll-taxes, etc., without giving the receipt prescribed by law. Every person who uses or gives any receipt, except that prescribed by law, as evidence of the payment of any poll-tax, road-tax, or license of any kind, or who receives payment of such tax or license without delivering the receipt prescribed by law, or who inserts. the name of more than one person therein, is guilty of a misdemeanor. Licenses: See Pol. Code, §§ 3356-3385. Legislation § 431. Enacted February 14, 1872; based on Stats. 1861, p. 449, § 95. The code commissioners say: "This and the nine following sections are extended to cover the several provisions of the revenue law relating to tax receipts, licenses, etc. (See Political Code.)" § 432. Having blank receipts for licenses, etc., other than those prescribed by law. Every person who has in his possession, with intent to circulate or sell, any blank licenses or poll-tax receipts other than those furnished by the controller of state or county auditor, is guilty of felony. Poll-taxes: See Pol. Code, §§ 3839-3862. Legislation § 432. Enacted February 14, 1872; based on Stats. 1861, p. 419; Stats, 1855 p, 175, § 5, § 433. Selling undated foreign miners' licenses. [Repealed.] Legislation § 433. 1. Enacted February 14, 1872. 2. Repealed by an act entitled "An Act to amend and in relation to the Political, Civil, and Penal Codes, and the Code of Civil Procedure," approved April 1, 1872, now on file in the office of the secretary of state. The code commissioners say: "This section was repealed in consequence of amendments to the Federal constitution superseding or overriding the foreign miners' tax of this state." § 434. Refusing to give name of persons in employment, etc. Every person who, when requested by the collector of taxes or licenses, refuses to give to such collector the name and residence of each man in his employment, or to give such collector access to the building or place where such men are employed, is guilty of a misdemeanor. Debtors paying poll-taxes: See Pol. Code, §§ 3848-3850. Legislation § 434. Enacted February 14, 1872; based on Stats. 1864, p. 45, § 1. § 435. Carrying on business without license. Every person who commences or carries on any business, trade, pro fession, or calling, for the transaction or carrying on of which a license is required by any law of this state, without taking out or procuring the license prescribed by such law, is guilty of a misdemeanor. License law: See Pol. Code, §§ 3356-3386. Carrying on business without a license: See ante, §§ 338, 379. Legislation § 435. Enacted February 14, 1872; based on Stats. 1861, p. 419, § 77; Stats. 1863, p. 732, § 1. § 436. Unlawfully acting as auctioneer. Every person who acts as an auctioneer in violation of the laws of this state relating to auctions and auctioneers, is guilty of a misdemeanor. Auctioneers: See Pol. Code, §§ 3284-3292, 3376. Legislation § 436. Enacted February 14, 1872; based on Stats. 1859, p. 354, § 8. § 437. Forging state revenue stamps. [Repealed.] 1. Enacted February 14, 1872; based on Stats. 1861, p. 315, §§ 9, 10. Legislation § 437. 2. Repealed by act of April 1, 1872, cited in note to § 433, ante, See post, Legislation § 438, for code commissioners' note. § 438. Making instruments on unstamped paper. [Repealed.] Legislation § 438. 1. Enacted February 14, 1872. 2. Repealed by act of April 1, 1872, cited in note to § 433, ante. The code commissioners say: "The two preceding repealed sections became inoperative, and unnecessary by the stamp tax being declared unconstitutional in Brumagim v. Tillinghast, 18 Cal. 265." § 439. Effecting insurance on account of foreign companies that have not complied with the laws of this state. Every person who in this state procures, or agrees to procure, any insurance for a resident of this state, from any insurance company not incorporated under the laws of this state, unless such company or its agent has filed the bond required by the laws of this state relating to insurance, is guilty of a misdemeanor. Bonds from foreign corporations: Pol. Code, § 623. Legislation § 439. Enacted February 14, 1872. The code commissioners say: "The reference is to the chapter relative to foreign insurance companies, and to the section that forbids them to carry on business in this state except upon certain conditions. (Stats. 1862, p. 213, and acts amendatory.)" § 440. Officer charged with collection, etc., of revenue, refusing to permit inspection of his books. Every officer charged with the collection, receipt, or disbursement of any portion of the revenue of this state, who, upon demand, fails or refuses to permit the controller or attorney-general to inspect his books, papers, receipts, and records pertaining to his office, is guilty of a misdemeanor. Legislation § 440. Enacted February 14, 1872; based on Stats. 1852, p. 57, § 2. § 441. Board of examiners, controller, and treasurer neglecting certain duties. Every member of the board of examiners and every controller or state treasurer who violates any of the provisions of the laws of this state relating to the board of examiners, or prescribing its powers and duties, is guilty of a felony. Board of examiners is now succeeded by Board of Control: Pol. Code, §§ 654 et seq. Legislation §. 441. Enacted February 14, 1872; based on Stats. 1858, p. 212. The code commissioners say: "The chapter referred to is the one relating to board of examiners and their duties." § 442. Military property, unlawful conversion of. Unlawful conversion of military property. Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by a commissioned officer of the national guard, or in any manner pawn or pledge any arms, uniforms, equipments, or other military property of the State of California, or of any company of the national guard shall be guilty of a misdemeanor. [Amendment approved 1905; Stats. 1905, p. 144.] Legislation § 442. 1. Enacted February 14, 1872; based on Stats. 1866, p. 735, § 50. The code commissioners say: "It is intended to change the name 'national guard' to 'state guard.' When enacted in 1872, § 442 read: "442. Every person who unlawfully retains in his possession any arms, equipments, clothing, or military stores belonging to the state, or the property of any company of the state militia, is guilty of a misdemeanor." 2. Amended by Stats. 1905, p. 141. § 44212. Wearing uniform of United States army except by certain persons, forbidden. Theatrical people. Civic societies. Every person, other than an officer or enlisted man of the national guard or naval militia of the state of California, or of any other state, or of the United States army, navy, marine corps or revenue service or forest service, or inmate of any veterans' or soldiers' home, who at any time wears the uniform of the United States army or navy or national guard, or any part of such uniform, or a uniform or part of a uniform similar thereto, within the bounds of the state of California, is guilty of a misdemeanor, and if found guilty of such offense shall be punishable by a fine of not less than one hundred nor more than two hundred and fifty dollars, or by imprisonment in the county jail. not exceeding sixty days, or by both such fine and imprisonment; provided, that nothing in this act shall be construed as prohibiting persons of the theatrical profession from wearing such uniform in any playhouse or theater while actually engaged in following said profession; and provided, that nothing in this act shall be construed as prohibiting the uniform rank of civic societies parading or traveling in a body or assembling in a lodge-room; and provided further, that whenever the national guard, or any part thereof is in active service, or is called into active service, no civic organization or member thereof shall parade or appear in uniform in the locality where said national guard is in service. Legislation § 4422. Added by Stats. 1907, p. 759. § 443. Selling state arms, etc. 1905, p. 145.] [Repealed 1905; Stats. Legislation § 443. 1. Enacted February 14, 1872. TITLE XIII. Crimes Against Property. Chapter I. Arson. §§ 447-455. II. Burglary and Housebreaking. §§ 459-463. III. Having Possession of Burglarious Instruments and Deadly IV. Forgery and Counterfeiting. §§ 470-482. V. Larceny. §§ 484-5022. VI. Embezzlement. §§ 503-514. VII. Extortion. §§ 518-526. VIII. False Personation and Cheats. §§ 528-538b. IX. Fraudulently Fitting Out and Destroying Vessels. §§ 539-543%. X. Fraudulently Keeping Possession of Wrecked Property. XI. Fraudulent Destruction of Property Insured. §§ 548, 549. XIII. Fraudulent Insolvencies by Corporations, and Other XIV. Fraudulent Issue of Documents of Title to Merchandise. §§ 577-583. XV. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs. §§ 587-593a. Degrees of arson. § 454. § 455. Arson of the first degree. Arson of the second degree. § 447. Arson defined. Arson is the willful and malicious burning of a building, with intent to destroy it. Burning insured property: Post, § 548. Legislation § 447. Enacted February 14, 1872; based on Field's Draft, § 521, N. Y. Pen. Code, §§ 486, 487, 488; 4 Bl. Com. 220. The code commissioners say: "The statutes of this state have enlarged the use of the term to include many acts of burning not involving special danger to the person. Thus, burning stacks of grain, standing crops, bridges, etc., is arson in the second degree. (Stats. 1856, p. 131, §§ 4, 5.) The commissioners recommend that the term 'arson' be confined to the offense of setting on fire buildings (including ships and vessels). Other criminal acts of burning are not properly classified under the title of 'arson,' but under the title of 'malicious mischief." The New York code commissioners, in a table of the prineipal crimes enumerated in the Field Draft, under the title "Arson," |