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. 144. § 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.] Legislation § 443. [Repealed 1905; Stats. 1. Enacted February 14, 1872. 2. Repealed by Stats. 1905, p. 145. Chapter I. II. III. IV. V. VI. VII. VIII. TITLE XIII. Crimes Against Property. Arson. §§ 447-455. Burglary and Housebreaking. §§ 459-463. Having Possession of Burglarious Instruments and Deadly Forgery and Counterfeiting. §§ 470-482. Larceny. §§ 484-5022. Embezzlement. §§ 503-514. Extortion. §§ 518-526. False Personation and Cheats. §§ 528-538b. IX. Fraudulently Fitting Out and Destroying Vessels. §§ 539-5432. X. Fraudulently Keeping Possession of Wrecked Property. §§ 544, 545. XI. Fraudulent Destruction of Property Insured. §§ 548, 549. XIII. Fraudulent Insolvencies by Corporations, and Other XIV. Fraudulent Issue of Documents of Title to Merchandise. XV. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs. §§ 587-593a. § 453. 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 principal crimes enumerated in the Field Draft, under the title "Arson," say: "Originally, arson was the burning of a human habitation. The term has been, in this state, and in other jurisdictions, extended by statute, to embrace the burning of other descriptions of property not involving danger to human life. In the code, the term is used in its original and restricted sense. See §§ 521-539. Other criminal burnings are punishable as malicious mischief under § 600." § 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. Legislation § 448. Enacted February 14, 1872; almost identical with Field's Draft, § 522, N. Y. Pen. Code, § 493. § 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. Legislation § 449. Enacted February 14, 1872; based on Field's Draft, § 523, N. Y. Pen. Code, § 494; Stats. 1856, p. 131, § 6. § 450. "Night-time" defined. The phrase "night-time," as used in this chapter, means the period between sunset and sunrise. "Night-time," defined: See ante, § 7, subd. 13; post, § 463. 2. Repeal by Stats. 1901, p. 462; unconstitutional. See note, § 5, ante. § 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. Legislation § 451. Enacted February 14, 1872; based on Field's Draft, § 525. The code commissioners cite State v. Sandy, 5 Ired. 570; 16 Mass. 105; 16 Johns. 203; 17 Ga. 130. § 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. Legislation § 452. Enacted February 14, 1872; based on Field's Draft, § 526, N. Y. Pen. Code, § 495. § 453. Degrees of arson. Arson is divided into two degrees. Legislation § 453. Enacted February 14, 1872; based on Stats. 1856, p. 132, §§ 4, 5. § 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. Setting fire to woods, prairies, grasses, or grain: See ante, § 384. Legislation § 454. Enacted February 14, 1872; the first sentence identical with Field's Draft, § 532, N. Y. Pen. Code, §§ 486, 487. § 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. [Amendment approved 1901; Stats. 1901, p. 664.] Legislation § 455. 1. Enacted February 14, 1872. (Field's Draft, § 539, N. Y. Pen. Code, § 489.) 2. Amended by Stats. 1901, p. 664, in subd. 2, substituting "twentyfive" for "ten." § 459. "Burglary" defined. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, railroad car, mine, or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. [Amendment approved 1913; Stats. 1913, p. 228.] Legislation § 459. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, § 58, as amended by Stats. 1858, p. 206, § 1, which read: "§ 1. Every person who shall, in the night-time, forcibly break and enter, or without force enter (the doors or windows being open) any house, room, apartment or tenement, or any tent, vessel, or water-craft, with intent to commit grand or petit larceny, or any felony, shall be deemed to be guilty of burglary, and, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one nor more than ten years." When enacted in 1872, § 459 read: "459. Every person who, in the night-time, forcibly breaks and enters, or without force enters through any open door, window, or other aperture, any house, room, apartment, or tenement, or any tent, vessel, water-craft, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary." Pen. Code-14 |