repealed in consequence of amendments to the Federal constitution superseding or overriding the foreign miners' tax of this state."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, 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. No specific punishment being prescribed by the above section resort must be had to § 19, ante, to determine the measure of punishment that may be meted out. People v. Fages, 32 Cal. App. 37, 41, 162 Pac. 137, 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. California Jurisprudence: See article Auctions, vol. 3, p. 765. Legislation § 436. Enacted February 14, 1872; based on Stats. 1859, p. 354, § 8. § 437. Forging state revenue stamps. [Repealed.] Legislation § 437. 1. Enacted February 14, 1872; based on Stats. 1861, p. 315, §§ 9, 10. 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 Repealed by act of April 1, 1872, cited in note to § 433, ante, See post, Legislation § 438, for code commissioners' note.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 [Repealed.]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 Repealed by act of April 1, 1872, cited in note to § 433, ante. The code commissioners say: "The two preceding repealed sections became inoperative, and unnecessary by the stamp tax being declared unconstitutional in Brumagim v. Tillinghast, 18 Cal. 265."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. [This section was repealed as far as it was inconsistent with § 597 of the Political Code by Stats. 1917, p. 150.] Bonds from foreign corporations: Pol. Code, § 623. Legislation § 439. 1. 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. 243, and acts amendatory.)" 2. Repealed as far as inconsistent with § 596 of the Political Code by act approved April 20, 1917, Stats. 1917, p. 15. See Pol. Code, § 596. § 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. California Jurisprudence: See article Taxation. 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. California Jurisprudence: See article Public Officers. 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.] California Jurisprudence: See article Military. 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. § 4421/2. 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 imprison. ment; 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. California Jurisprudence: See article Military. Legislation § 4422. Added by Stats. 1907, p. 759. § 443. Selling state arms, etc. [Repealed 1905; Stats. 1905, p. 145.] Legislation: § 443. 1. Enacted February 14, 1872, and then read: "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." 2. Repealed by Stats. 1905, p. 145. III. IV. Forgery and Counterfeiting. §§ 470-483. V. Having Possession of Burglarious Instruments and Deadly Larceny. §§ 484-5022. VIII. False Personation and Cheats. §§ 528-538b. §§ 539-5432. Out and Destroying Vessels. X. Fraudulently Keeping Possession of Wrecked Property. §§ 544, 545. XI. Crimes Against Insured Property and Insurance Carriers. §§ 548, 549. XII. False Weights and Measures. §§ 552-556. 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. § 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. Section 452, post, is a limitation upon the terms of this section. People v. De Winton, 113 Cal. 403, 407, 54 Am. St. Rep. 357, 33 L. R. A. 374, 45 Pac. 708. The fact that defendant may have burned the building with intent to defraud an insurance company and thus laid himself liable to prosecution under § 548, post, does not require that he be prosecuted under that section or change the character of the crime of arson. People v. Fong Hong, 120 Cal. 685, 53 Pac. 265. Burning insured property: Post, § 548. California Jurisprudence: See article Arson, vol. 3, p. 161. 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 prin cipal 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 88 521-539. 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. California Jurisprudence: See article Arson, vol. 3, p. 162. 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. California Jurisprudence: See article Arson, vol. 3, p. 162. 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. California Jurisprudence: See article Arson, vol. 3, p. 162. Legislation § 450. 1. Enacted February 14, 1872. 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. California Jurisprudence: See article Arson, vol. 3, p. 163. A. L. R. Note: Burning as element of offense of arson, note 1 A. L. R. 1163. 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. |