state's office, but is not printed in the statutes. See Deering's Penal Code under this section.] § 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. En. February 14, 1872. See Pol. Code, secs. 3848-3850. § 435. Carrying on business without license. Every person who commences or carries on any business, trade, profession, 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. En. February 14, 1872. Cal.Rep.Cit. 69, 608; 69, 611; 71, 468; 85, 210; 106, 404; 106, 405; 106, 406; 106, 408; 114, 282. License law: See Pol. Code, Licenses, secs. 3356-3386. § 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. En. February 14, 1872. Auctioneers: §§ 437, 438. April 1, 1872. See Pol. Code, secs. 3284-3292, 3376. (Repealed.) En. February 14, 1872. Rep. See [The repealing act is on file in the secretary of state's office, but is not printed in the statutes. Deering's Penal Code under this section.] § 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. En. February 14, 1872. Bonds from foreign corporations: Pol. Code, sec. 623. § 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 attorneygeneral to inspect his books, papers, receipts, and records pertaining to his office, is guilty of a misdemeanor. February 14, 1872. Cal.Rep.Cit. 43, 167. En. § 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. En. February 14, 1872. Board of examiners: Pol. Code, secs. 654 et seq. § 442. Having state arms, etc. 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. En. February 14, 1872. See Pol. Code, secs. 1963-1968. § 443. Selling state arms, etc. Every member of the state militia who unlawfully disposes of any arms, equipments, clothing, or military stores, the property of this state, or of any company of the state militia, is guilty of a misdemeanor. En. February 14, 1872. TITLE XIII. OF CRIMES AGAINST PROPERTY. Chapter I. Arson, §§ 447-455. II. Burglary and Housebreaking, §§ 459-463. IV. Forgery and Counterfeiting, §§ 470-482. VIII. False Personation and Cheats, §§ 528-5382. X. Fraudulently Keeping Possession of Wrecked XI. Fraudulent Destruction of Property Insured, XII. False Weights and Measures, §§ 552-555. Fraudulent Insolvencies by Corporations, and XIV. Fraudulent Issue of Documents of Title to XV. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs, §§ 587-593. § 454. § 455. Ownership of the building. Arson of the first degree. Arson of the second degree. § 447. Arson defined. cious burning of a building with intent to destroy it. Arson is the willful and mali February 14, 1872. En. Cal.Rep.Cit. 51, 320; 71, 49; 81, 617; 81, 618; 103, 445; 113, 406; 127, 340. Burning insured property: Post, sec. 548. § 448. "Building" defined. Any house, edifice, structure, vessel, or other erection, capable of affording shelter for human beings, or appurtenant to or connected with an erection so adapted is a "building" within the meaning of this chapter. En. February 14, 1872. Cal. Rep.Cit. 71, 49; 81, 617; 103, 445. $449. "Inhabited building" defined. Any building which has usually been occupied by any person lodging therein at night is an "inhabited building," within the meaning of this chapter. En. February 14, 1872. Cal.Rep.Cit. 71, 49; 81, 617. $450. "Night-time" defined. The phrase "night-time," as used in this chapter, means the period between sunset and sunrise. En. February 14, 1872. See sec. 463. § 451. "Burning" defined. To constitute a burning, . within the meaning of this chapter, it is not necessary that the building set on fire should have been destroyed. It is sufficient that fire is applied so as to take effect upon any part of the substance of the building. En. February 14, 1872. Cal.Rep.Cit. 103, 445. § 452. Ownership of the building. To constitute arson it is not necessary that a person other than the accused should have had ownership in the building set on fire. It is sufficient that at the time of the burning another person was rightfully in possession of, or was actually occupying such building, or any part thereof. En. February 14, 1872. Cal.Rep. Cit. 71, 49; 81, 617; 113, 406; 120, 686; 135, 166. § 453. Degrees of arson. Arson is divided into two degrees. En. February 14, 1872. Cal. Rep. Cit. 53, 627. § 454. Arson of the first degree. Arson of the second degree. Maliciously burning in the night-time an inhabited building in which there is at the time some human being, is arson in the first degree. All other kinds of arson are of the second degree. En. February 14, 1872. Cal.Rep.Cit. 51, 320; 53, 627. An act of April 1, 1872, Stats. 1871-2, 895, defining arson in the second degree, was superseded by the above section. Setting on fire of woods, prairies, grasses, or grain, on any lands: See ante, sec. 384. 455. Punishment of arson. Arson is punishable by imprisonment in the state prison, as follows: 1. Arson in the first degree, for not less than two years; 2. Arson in the second degree, for not less than one nor more than twenty-five years. En. February 14, 1872. Am'd. 1901, 664. § 459. "Burglary" defined. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary. February 14, 1872. Am'd. 1875-6, 111. Cal.Rep.Cit. 52, 454; 55, 525; 56, 407; 58, 106; En. 59, 383; 93, 113; 94, 482; |