447a. [New.] Arson, What Constitutes; Penalty. Any person who wilfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels or procures the burning of any dwelling house, or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging to or adjoining thereto, whether the property of himself or of another, shall be guilty of arson, and upon conviction thereof, be sentenced to the penitentiary for not less than two nor more than twenty years. (In effect 91 days from Donal Code 1029.

d afton Mov 15 1020 State 1020 Chen

448a.

[New.] Wilful and Malicious Burning of Property; Penalty. Any person who wilfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels or procures the burning of any barn, stable, garage or other building, whether the property of himself or of another, not a parcel of a dwelling house; or any shop, storehouse, warehouse, factory, mill or other building, whether the property of himself or of another; or any church, house. courthouse, work house. school. jail or other public

me

449a. [New.] Wilful and Malicious Burning of Property; Pen. alty. Any person who wilfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels or procures the burning of any barrack, cock, crib, rick or stack of hay, corn, wheat, oats, barley or other grain or vegetable product of any kind; or any field of standing hay or grain of any kind; or any pile of coal,

wood or

450a. [New.] Wilful Burning of Property With Intent to Injure or Defraud Insurer; Penalty. Any person who wilfully and

451a. [New.] Attempt to Burn Property; Penalty. Any per-
son who wilfully and maliciously attempts to set fire to or attempts
to burn or to aid, counsel or procure the burning of any of the
buildings or property mentioned in the foregoing sections, or who
commits any act preliminary thereto, or in furtherance thereof,
shall upon conviction thereof, be sentenced to the nanis.
not less than one nor more

(In effect 91
Ownership of the Building.)
abato 1929, Chap. 25.)

1929.

453. Repealed. (Degrees of Arson.) (In effect 91 days from and after May 15, 1929. Stats. 1929, Chap. 25.) Penal Code, 1929.

454. Repealed. (Arson of the First Degree; Arson of the Second Degree.) (In effect 91 days from and after May 15, 1929. Stats. Penal Code, 1929. 1929, Chap. 25.)

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459.

460.

Burglary, aenneu.

Burglary defined, de- 464. Burglary with explo-
grees 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.

CHAPTER III.

Having Possession of Burglarious Instruments and Deadly

Weapons.

466. Possession of burglary 467. Possession of deadly weapons, how punished.

tools.

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 deemed section four hundred and fifty-nine of this code shall be 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.

470. Every person who, with intent to defraud, signs the name

that he has

or of a fictitious person, knowges, or coun

alters f

ment of money at the treasury, county order or

quest 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 ame, or who subscribes thereto the name of another, is guilty of a elony and is punishable by imprisonment in the state prison for ot less than one nor more than fourteen years. 1915-51.

473. Forgery is punishable by imprisonment in the state prison or 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

the same, or to permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person, knowing the same to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note or bank bill made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered or passed, to defraud any person, is punishable by imprisonment in the state prison for not less than one nor more than fourteen years.

476a. Penalty for Issuing Bank Check With Intent to Defraud. [Any] person who for himself or as the agent or representative of another or as an officer of a corporation, wilfully, with intent to defraud, makes or draws or utters or delivers [ ] any check, or draft [or order upon any] bank [ ] or depositary, [or person, or firm, or corporation,] for the payment of money, knowing at the time of such making, drawing, uttering or [delivering] that [the maker or drawer] or the corporation [ ] has not sufficient funds in, or credit with [said] bank [ 1 or depositary, [or person, or firm, or corporation, for the payment of] such check, [draft or order,] in full upon its presentation, [although no express representation is made with reference thereto,] is punishable by imprisonment in the county jail for not more than one year, or in the state prison for not more than fourteen years.

[Where such check, draft or order is protested, on the ground of insufficiency of funds or credit, the notice of protest thereof shall be admissible as proof of presentation, nonpayment and protest and shall be presumptive evidence of knowledge of insufficiency of funds or credit with such bank or depositary, or person, or firm, or corporation.]

The word "credit" as used herein shall be construed to [mean] an arrangement or understanding with the bank or depositary [or person or firm or corporation] for the payment of such check, [draft or order].

[If any of the preceding paragraphs, or parts thereof, shall be found unconstitutional or invalid, the remainder of this section shall not thereby be invalidated, but shall remain in full force and effect.] (In effect 91 days from and after May 15, 1929. Stats. 1929, Chap. 877.) Penal Code, 1929.

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who sells, passes, or gives in payment such counterfeit coin, dust, bullion, bars, lumps, pieces, or nuggets, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeited, is guilty of counterfeiting.