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. License Law of April 12th, 1880.-A Chinaman cannot justify a violation of § 3381, of the Pol. Code, in selling without a license, by claiming that he comes within the prohibition of the above act-6 Pac. C. L. J. 116. He must pay a license-id. See Pol. Code, Licenses, §§ 3356-3386. 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. See Pol. Code, §§ 3284-3292, 3376. 437. [Repealed by Act of April first, eighteen hundred and seventy-two.] 438. [Repealed by Act of April first, eighteen hundred and seventy-two.] 439.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. See Pol. Code, § 623. 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 controller 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. See Pol. Code, §§ 654-685. 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. See Pol. Code, §§ 1963-1968. 443. 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. TITLE XIII. Of Crimes against Property. CHAP. I. ARSON, §§ 447-55. II. BURGLARY AND HOUSEBREAKING, §§ 459–63. IV. FORGERY AND COUNTERFEITING, §§ 470-82. VI. EMBEZZLEMENT, §§ 503-14. VII. EXTORTION, §§ 518-25. VIII. FALSE PERSONATION AND CHEATS, §§ 528-36. X. FRAUDULENTLY KEEPING POSSESSION OF XI. FRAUDULENT DESTRUCTION OF PROPERTY IN- XII. FALSE WEIGHTS AND MEASURES, §§ 552-5. XIV. FRAUDULENT ISSUE OF DOCUMENTS OF TITLE XV. MALICIOUS INJURIES TO RAILROAD BRIDGES, PEN. CODE.-16. § 454. Arson of the first degree. Arson of the second degree. § 455. Punishment of arson. 447. Arson is the willful and malicious burning of a building, with intent to destroy it. Arson defined.-Arson is the willful and malicious burning of the house of another-51 Cal. 320; 12 Bush, 243; 5 Ired. 350; 18 Johns. 115: 12 Vt. 93; 11 Up. Can. C.P. 69. It is a crime against the security of the dwelling-house as such, and the possession, and not against the building as property-44 Cal. 494; 26 Mich. 106; 1 Green C. R. 547; 29 Conn. 342; see 52 Ala. 357; 12 Bush, 243; 3 Ired. 570; 2 Johns. 105; 61 Mo. 276; 19 N. Y. 537; 71 N. C. 88. The value of the property is not an element52 Ala. 345. Malice and willfulness are essential ingredients, and no negligence and mischance can make one guilty-28 Miss. 100; 49 Ala. 27, although done in the pursuance of an illegal act-5 Ired. 350; unless in the commission of a felony-15 Ill. 516; but it is not necessary that there be a design to produce death-53 Miss. 384; 1 Parker Cr. R. 560; 15 Wis. 13. Malice implies an evil and malicious intent, however general-3 Chit. C. L. 1120; as, where the design is to burn one house and he burns another-32 Vt. 158; and the act which results in burning another's house need not be a felonious act-2 East P. C. 1030, 1031. The intent must be malicious-28 Miss. 100; 2 East P. C. 1033; or, to injure or defraud-32 Cal. 160; 37 id. 274; 78 N. C. 552; as, an insurance company-51 N. H. 176; 19 N. Y. 537; 1 Parker Cr. R. 560; and a possibility of fraud is sufficient-1 Whart. C. L. 8th ed. § 843. See generally, 114 Mass. 272; 28 Ala. 71; Russ. & R. C. C. 138; 4 Fost. & F. 1102. Though it need not be to injure or defraud any particular person-Law R. 1 C. C. 344. The intent may be inferred from the facts-51 Cal. 468; 52 Ala. 345; 51 Ga. 612; 63 Me. 128; 12 La. An. 382; 119 Mass. 354; 10 Met. 422; 41 Tex. 598; 47 Ill. 533; 2 Car. & K. 306; 5 Cox C. C. 138; Russ. & R. C. C. 209; and, in pursuance of the intent, to set fire to any combustible matter in the building is an offense at common law-Thach. C. C. 240. See Desty's Crim. Law, title ARSON. 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 adapt ed, is a "building," within the meaning of this chapter. The building-Any edifice capable of affording shelter for human beings is a "building"-51 Cal. 320; 34 id. 245. It need not be a finished structure; it is sufficient if it is connected and entire-12 Cox C. C. 106; Law R. 1 C. C. 338; its state of completeness is a question of fact-1 Met. 258; 12 Cox C. C. 106; Law R.1 C. C. 338; but the remains of a wooden house after a fire is not a building-32 Up. Can. Q. B. 429; S. C. 1 Green C. R. 204. A church is a building within the statute-1 Leach, 318; id. 320; or a school-house-2 Root, 516; 4 Gill & J. 402; 5 Mon. 156; or a building removed by a city, and fitted up for public use-2 Allen, 159; or a vessel see Brown Adm. 156. In arson, house, shop, workshop, etc., have the same meaning as in cases of burglary-5 Up. Can. Q. B. (O. S.) 522. A warehouse means any building used as such at the time-10 Ohio St. 287. Where there are no interior communications between two parts of a house, the separately occupied parts are considered as separate buildings-29 Conn. 342. See Desty's Crim. Law, titles ARSON, BURGLARY. 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. Habitation.-Any building is a dwelling-house which is wholly or in part usually occupied by persons lodging therein at night-1 Parker Cr. R. 252. Every house for dwelling and habitation is taken to be a mansion-house-4 Ga. 339. House means not only the dwelling but all out-houses which are parcel thereof, such as barns and stables-3Dutch. 323; 8 Jones (N. C.), 354; id. 455; id. 459; 63 N. C. 493; 4 Conn. 47; 4 Dev. & B. 185; 46 Ala. 30; 3 Rich. 242; 31 Me. 523; 2 Mich. 250; 5 Car. & P. 535; 13 Gratt. 763. A jail is an inhabited dwelling-18 Johns. 115; 41 Tex. 601; 4 Call. 109; 5 Ired. 350; 53 Ga. 33; contra, 49 Ala. 30; id. 33; 4 Leigh. 683; and see 22 Amer. Rep. 255. Where the entrance to a jail was through a dwelling-house, the entire structure is a house20 Conn. 245; 2 W. Black. 683. Curtilage means a court-yard or the space within any inclosure round a dwelling-house-10 Cush. 478, and includes a summer-house-Russ. & R. 69, and a barn with hay and grain in it-5 Watts & S. 385; 1 Moody C. C. 239; contra, 81 Ill. 565; or a barn communicating with the dwelling-2 Mich. 250; or a building thirty-six feet distant, used as a dormitory for the owner's servants-8 Mich. 150. 450. The phrase "night-time," as used in this chapter, means the period between sunset and sunrise. See sec. 463 and note. 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. The burning.-Burning is an essential ingredient of the crime-29 Ga. 105; 24 Ark. 44; 3 Ired. 570; 16 Johns. 203; 16 Mass. 105; 40 Ala. 659; 2 Term. Rep. 255; but the house need not be entirely consumed; it is sufficient if any part is burned-5 Ired. 350; 110 Mass. 403. The offense is complete, although the fire be put out, or go out of itself-5 Ired. 350; 3 id. 570; 16 Johns. 203; 16 Mass. 105. That something in the house was burned is not sufficient-40 Ala. 659; 1 Car. & M. 541. It is not essential that the woodwork of the house should blaze-Ryan & M. 398; 1 Car. & M. 541; if the wood be charred so as to destroy its |