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§ 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. En. February 14, 1872.

Cal. Rep. Cit. 91, 510; 91, 511.

§ 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 misdemeanor. En. February 14, 1872.

Statement of property owned: See Pol. Code, secs. 3629,

3631.

§ 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. En. February 14,

1872.

Statement of value: See Pol. Code, secs. 3629-3631; reduction of valuation, secs. 3674, 3675.

§ 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. En. February 14,

1872.

See Pol. Code, Licenses, secs. 3356-3385.

§ 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. En. February 14, 1872.

See Pol. Code, secs. 3839-3845.

§ 433. (Repealed.) En. February 14, 1872. Rep. April 1, 1872. [The repealing act is on file in the secretary of 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. February 14, 1872.

See Pol. Code, secs. 3848-3850.

En.

§ 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: See Pol. Code, secs. 3284-3292, 3376.

§§ 437, 438. (Repealed.) En. February 14, 1872. Rep. April 1, 1872. [The repealing act is on file in the secretary of state's office, but is not printed in the statutes. See 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 attorney-general to inspect his books, papers, receipts, and records pertaining to his office, is guilty of a misdemeanor. En. February 14, 1872.

Cal. Rep. Cit. 43, 167.

§ 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. 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. En. February 14, 1872. Am'd. 1905, 144.

See Pol. Code, secs. 1963-1968.

§ 443. Selling state arms, etc. En. February 14, 1872. Rep. 1905, 145.

TITLE XIII.

OF CRIMES AGAINST PROPERTY.

Chapter I. Arson, §§ 447-455.

II. Burglary and Housebreaking, §§ 459-463. III. Having Possession of Burglarious Instruments and Deadly Weapons, §§ 466, 467.

IV. Forgery and Counterfeiting, §§ 470-482.

V. Larceny, §§ 484-5022.

VI. Embezzlement, §§ 503-514.

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VIII. False Personation and Cheats, §§ 528-5382.
IX. Fraudulently Fitting Out and Destroying Ves-
sels, §§ 539-5431⁄2.

X. Fraudulently Keeping Possession of Wrecked
Property, §§ 544, 545.

XI. Fraudulent Destruction of Property Insured,
§§ 548, 549.

XII. False Weights and Measures, §§. 552-555.

XIII. Fraudulent Insolvencies by Corporations, and
Other Frauds in their Management, §§
557-572.

XIV. Fraudulent Issue of Documents of Title to
Merchandise, §§ 577-583.

XV. Malicious Injuries to Railroad Bridges, High-
ways, Bridges, and Telegraphs, §§ 587-593a.

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454. Arson of the first degree. Arson of the second degree.

455. Punishment of arson.

§ 447. Arson defined. Arson is the willful and malicious burning of a building with intent to destroy it. En. February 14, 1872.

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 inhab

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