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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 §§ 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.

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.

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.
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.

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.

§ 452. Ownership of the building. 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.

Legislation § 452. Enacted February 14, 1872; based on Field's Draft, § 526, N. Y. Pen. Code, § 495.

§ 453. Degrees of arson. Arson is divided into two degrees.

Legislation § 453. Enacted February 14, 1872; based on Stats. 1856, p. 132, §§ 4, 5.

§ 454. Arson of the first degree. Arson of the second degree. 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.

Setting fire to woods, prairies, grasses, or grain: See ante, § 384. Legislation § 454. Enacted February 14, 1872; the first sentence identical with Field's Draft, § 532, N, Y. Pen. Code, §§ 486, 487.

§ 455. Punishment of arson. 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. [Amendment approved 1901; Stats. 1901, p. 664.]

Legislation § 455. 1. Enacted February 14, 1872. (Field's Draft, § 539, N. Y. Pen. Code, § 489.)

2. Amended by Stats. 1901, p. 664, in subd. 2, substituting "twentyfive" for "ten."

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§ 461.

Burglary. Penalty for.

§ 462. Punishment of housebreaking. [Repealed.]

§ 463.

“Night-time” defined.

§ 459. "Burglary" defined. 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. [Amendment approved 1913; Stats. 1913, p. 228.]

Legislation § 459. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, § 58, as amended by Stats. 1858, p. 206, § 1, which read: "§ 1. Every person who shall, in the night-time, forcibly break and enter, or without force enter (the doors or windows being open) any house, room, apartment or tenement, or any tent, vessel, or water-craft, with intent to commit grand or petit larceny, or any felony, shall be deemed to be guilty of burglary, and, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one nor more than ten years." When enacted in 1872, § 459 read: "459. Every person who, in the night-time, forcibly breaks and enters, or without force enters through any open door, window, or other aperture, any house, room, apartment, or tenement, or any tent, vessel, water-craft, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary."

Pen. Code-14

2. Amended by Code Amdts. 1875-76, p. 111. And then read: "Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary."

3. Amended by Stats. 1913, p. 228. Cf. the original Code § 461, quoted post, Legislation § 461.

§ 460. "Burglary" defined. Every burglary committed in the night-time is burglary of the first degree, and every burglary committed in the daytime is burglary of the second degree. [Amendment approved 1876; Code Amdts. 187576, p. 112.]

Legislation § 460. 1. Enacted February 14, 1872, and then provided for the punishment of burglary (the present § 461). See post, § 461.

2. Amended by Code Amdts. 1875-76, p. 112, this so-called amendment being in fact the addition of a new section.

§ 461. Burglary. Penalty for. Burglary of the first degree is punishable by imprisonment in the state prison for not less than one nor more than fifteen years. Burglary of the second degree is punishable by imprisonment in the state prison for not more than five years. [Amendment approved 1876; Code Amdts. 1875-76, p. 112.]

Legislation § 461. 1. Enacted February 14, 1872, as § 460, and then read: "460. Burglary is punishable by imprisonment in the state prison for not less than one nor more than fifteen years." The code commissioners say: "By the act of 1858 (Stats. 1858, p. 206) the crime of burglary was punishable by imprisonment in the state prison for a term not less than one nor more than ten years, whilst grand larceny, a less heinous crime, might be punished with imprisonment in the state prison for fourteen years. (Stats. 1856, p. 219, § 7.) The commissioners have reduced the maximum punishment for larceny from fourteen years to ten years, and increased that of burglary from ten years to fifteen years."

2. Amended by Code Amdts. 1875-76, p. 112, changing the section number to 461 and amending the section. The original code § 461 defined "housebreaking," and read: "461. Every person who, in the daytime, enters any dwelling-house, shop, warehouse, store, mill, barn, stable, outhouse, other building, vessel, or railroad ear, with intent to steal or to commit any felony whatever therein, is guilty of housebreaking." Cf. the present § 459.

§ 462. Punishment of housebreaking. [Repealed 1876; Code Amdts. 1875-76, p. 112.]

Legislation § 462. 1. Enacted February 14, 1872.

2. Repealed by Code Amdts. 1875–76, p. 112.

§ 463. "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, 450.

Legislation § 463. 1. Enacted February 14, 1872; based on Field's Draft, § 524.

2. Repealed by Stats. 1901, p. 462; unconstitutional. See note, § 5,

ante.

CHAPTER III.

Having Possession of Burglarious Instruments and Deadly Weapons. $466. Having possession of any instrument with intent to commit burglary.

$467. Having possession of deadly weapons with intent to commit an assault.

§ 466. Having possession of any instrument with intent to commit burglary. 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 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. [Amendment approved 1874; Code Amdts. 1873-74, p. 463.]

Legislation § 466. 1. Enacted February 14, 1872 (N. Y. Pen. Code, § 508); based on Crimes and Punishment Act, Stats. 1850, p. 245, $127, which read: "§ 127. If any person shall be found having upon him or her any picklock, crow, key, bitt, or other instrument or tool, with intent feloniously to break and enter into any dwelling. house, store, shop, warehouse, or other building containing valuable property, or shall be found in any of the aforesaid buildings with intent to steal any money, goods, and chattels, every person so of fending shall, on conviction thereof, be imprisoned in the county jail not more than two years; and if any person shall have upon him any pistol, gun, knife, dirk, bludgeon, or other offensive weapon, with intent to assault any person, every such person, on conviction, shall be fined not more than one hundred dollars or imprisoned in the county jail not more than three months." When enacted in 1872, $466 read: "Every person having upon him a picklock, crow key, bit, other instrument or tool, with intent feloniously to break or enter into any building, is guilty of a misdemeanor."

2. Amended by Code Amdts. 1873-74, p. 463. Cf. "crow, key, bitt," of the Crimes and Punishment Act; "erow key, bit," of the original code section; "crow, keybit," of the amendment of 1873-74 (the present section).

§ 467. Having possession of deadly weapons with intent to commit an assault. Every person having upon him any

deadly weapon with intent to assault another, is guilty of a misdemeanor.

Legislation § 467. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 245, § 127. See ante, Legislation § 466.

CHAPTER IV.

Forgery and Counterfeiting.

$470. Forgery of wills, conveyances, etc.
Making false entries in records or returns..
Forgery of public and corporate seals.

§ 472a.

§ 471.

$ 472.

§ 473.

Penalty for signing false name to petitions.
Punishment of forgery.

8474.

$475.

Forging telegraph or telephone messages.
Passing or receiving forged notes.

Making, passing, or uttering fictitious bills, etc.

§ 476.

§ 476a. Penalty for issuing bank check with intent to defraud.
Counterfeiting coin, bullion, etc.

§ 477.

§ 478. Punishment of counterfeiting.

$479. Possessing or receiving counterfeit coin, bullion, etc.
$480. Making or possessing counterfeit dies or plates.

§ 481. Counterfeiting railroad or steamship tickets.

$ 482. Restoring canceled railroad or steamship tickets.

§ 470. Forgery of wills, conveyances, etc. 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

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