Is punishable by imprisonment in the state prison for not less than one or more than ten years, and is disqualified from holding any office in this state. 1905-53. 425. Every officer charged with the receipt, safe-keeping, or disbursement of public moneys, who neglects or fails to keep and pay over the same in the manner prescribed by law, is guilty of felony. 426. The phrase "public moneys," as used in the two preceeding sections, includes all bonds and evidence of indebtness, and all moneys belonging to the state, or any city, county, town, or district therein, and all moneys, bonds, and evidence of indebtedness received or held by state, county, district, city, or town officers in their official capacity. 427. If any clerk, justice of the peace, sheriff, or constable, who receives any fine or feiture, refuses or neglects to pay over the same according to law and within thirty days after the receipt thereof, he is guilty of a misdemeanor. 428. 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. 429. Every person who unlawfuly refuses, upon demand, to give to any county assesor 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. 430. 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 any application to reduce any tax or assessment, willfully states anything which he knows to be false, is guilty of a misdemeanor. 431. 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. 432. 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. 434. 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. 435. 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 of procuring the license prescribed by such law, is guilty of a misdemeanor. 436. 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. 439. 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. 440. 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 controlled or attorney-general to inspect his books, papers, receipts, and records pertaining to his office, is guilty of a misdemeanor. 441. 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. 442. 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 or a misdemeanor. 1905-144. 4422. 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 theatre 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 organizations or members thereof shall parade or appear in uniform in the locality where said national guard is in service. 1907-759. TITLE XIII. Chapter I. Arson. Crimes Against Property. II. Burglary and Housebreaking. III. Having Possession of Burglarious Instruments and IV. Forgery and Counterfeiting. VIII. False Personation and Cheats. IX. Fraudulently Fitting Out and Destroying Vessels. erty. XI. Crimes Against Insured Property and Insurance Car riers. XII. False Weights and Measures. XIII. Fraudulent Insolvencies by Corporations, and Other XIV. Fraudulent Issue of Documents of Title to Mer- XV. Malicious Injuries to Railroad Bridges, Highways, 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 usually 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 sucl building, or any part thereof. 453. Arson is divided into two degrees. 454. Maliciously burning in the night-time an inhabited build ing 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. 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. delling house or plo ent, e or und or ment above named so that we su e a building, without being requested so to do by some person navig to be a section four hundred and fifty-nine of this code shall be deemed building within the meaning of this section. 1874-463. |