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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 organizations or members thereof shall parade or appear in uniform in the locality where said national guard is in service. 1907–759.
Crimes Against Property.
II. Burglary and Housebreaking.
IX. Fraudulently Fitting Out and Destroying Vessels.
Frauds in Their Management.
Bridges, and Telegraphs.
447. Arson, defined.
452. Ownership of building.
447. Arson is the willful and malicious burning of a building, with intent to destroy it.
448. 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.
449. Any building which has sually been occupied by any person lodging therein at night is an "inhabited building,” within the meaning of this chapter.
450. The phrase "night-time", as used in this chapter, means the period between sunset and sunrise.
451. 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.
452. 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.
453. Arson is divided into two degrees.
454. 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.
455. 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. 1901—664.
Burglary and Housebreaking. 459. Burglary, defined.
463. Night time, defined. 460. Burglary defined, de- 464. Burglary with explogrees thereof.
sives, how punished. 461. Burglary. how punished.
459. 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, 1913–228.
460. 1. Every burglary of an inhabited dwelling house or building committed in the night time, and every burglary whether in the day time or night time, committed by a person armed with a deadly weapon, or who while in the commission of such burglary arms himself with a deadly weapon, or who while in the commission of such burglary assaults any person, is burglary of the first degree.
2. All other kinds of burglary are of the second degree.
3. This section shall not be construed to supersede or affect section four hundred sixty-four of the Penal Code. 1923–747.
461. Burglary is punishable by imprisonment in the state prison as follows:
1. Burglary in the first degree for not less than five years.
2. Burglary in the second degree for not less than one or more than fifteen years.
1925. 463. The phrase "night-time,” as used in this chapter, means the period between sunset and sunrise.
464. Any person who, with intent to commit crime, breaks and enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe, or other secure place by use of acetylene torch or electric arc or nitroglycerine, dynamite, gunpowder, or any other explosive, is guilty of burglary with explosives.
Any person duly convicted of burglary with explosives shall be deemed to be guilty of a felony and shall be punished by imprisonment in the state prison for a term of not less than ten years nor more than forty years. 1925.
Having Possession of Burglarious Instruments and Deadly
Weapons. 466. Possession of burglary 467. Possession of deadly tools.
weapons, how punished. 466. Every person having upon him or in his possession a picklock, crow, keybit, or other instrument or tool with intent feloniously to break or enter into any building, or who shall knowingly make or alter, or shall attempt to make or alter, any key or other instrument above named so that the same will fit or open the lock of a building, without being requested so to do by some person having the right to open the same, or who shall make, alter, or repair any instrument or thing, knowing or having reason to believe that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor. Any of the structures mentioned in section four hundred and fifty-nine of this code shall be deemed to be a building within the meaning of this section. 1874–463.
467. Every person having upon him any deadly weapon with intent to assault another, is guilty of a misdemeanor.
Forgery and Counterfeiting. 470. Forgery in general.
476a. Bank check, issuing 471. False entries.
fraudulently, pena 472. Public and corporate 477. Counterfeiting, coin, bul. seals.
lion. 472a. False name, signing, 478. Punishment for counterpenalty.
feiting. 473. Punishment of forgery. 479. Possessing or receiving 474. Forging telegraph, tele
counterfeit coin, etc. phone messages.
480. Making or passing coun475. Passing or receiving for
terfeit dies, etc. ged notes.
481. Counterfeiting transpor476. Making, passing, or ut.
tation tickets. tering fictitious bills,etc. 482. Restoring, cancelled, etc.
483. Unauthorized selling. 470. Every person who, with intent to defraud, signs the name of another person, or of a fictitious person, knowing that he has no authority so to do, to, or falsely makes, alters, forges, or counterfeits, any charter, letters-patent, deed, lease, indenture, writing obligatory, will, testament, codicil, bond, covenant, bank bill or note, postnote, check, draft, bill of exchange, contract, promissory note, due-bill for the payment of money or property, receipt for money or property, passage ticket, power of attorney, or any certificate of any share, right, or interest in the stock of any corporation or association, or any controller's warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money or goods, or any acquittance, release, or discharge of any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, certificate of shares of stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or personal, or any acceptance or indorsement of any bill of exchange, promissory note, draft, order, or any assignment of any bond, writing obligatory, promissory note, or other contract for money or other property; or counterfeits or forges the seal or handwriting of another; or utters, publishes, passes, or attempts to pass, as true and genuine, any of the above-named false, altered, forged or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged, or counterfeited, with intent to prejudice, damage, or defraud any person; or who, with intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery. 1905-673.
471. Every person who, with intent to defraud another, makes, forges, or alters any entry in any book of records, or any instrument purporting to be any record or return specified in the preceding section, is guilty of forgery.
472. Every person who, with intent to defraud another, forges, or counterfeits the seal of this state, the seal of any public officer authorized by law, the seal of any court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laws of this state, ur of any other state, government, or country, or who falsely makes, forges, or counterfeits any impression purporting to be an impression of any such seal, or who has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and willfully conceals the same, is guilty of forgery.
472a. Every person who subscribes to any initiative, referendum or recall petition or to any nominating petition a fictitious name, or who subscribes thereto the name of another, is guilty of a felony and is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. 1915-51.
473. Forgery is punishable by imprisonment in the state prison for not less than one nor more than fourteen years.
474. Every person who knowingly and willfully sends by telegraph or telephone to any person a false or forged message, purporting to be from a telegraph or telephone office, or from any other person, or who willfully delivers or causes to be delivered to any person any such message falsely purporting to have been received by telegraph or telephone, or who furnishes, or conspires to furnish, or causes to be furnished to any agent, operator, or employee, to be sent by telegraph or telephone, or to be delivered, any such message, knowing the same to be false or forged, with the intent to deceive, injure, or defraud another, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. 1905-674.
475. Every person who has in his possession, or receives from another person, any forged promissory note or bank bill, or bills, for the payment of money or property, with the intention to pass