Page images
PDF
EPUB

(b.) knowingly and wilfully aids and assists in making such disposition for the purpose of deceiving, defrauding or injuring such consignee.

2. No person commits an offence under this section who, before making such disposition of such merchandise, pays or tenders to the consignee the full amount of any advance. made thereon. R.S.C., c. 164, s. 74.

378. Every person is guilty of an indictable offence and Making false liable to three years' imprisonment who

statements in receipts for

can be used

other under "The pur- Bank Act:"

fraudulently dealing with

(a) wilfully makes any false statement in any receipt, property that certificate or acknowledgment for grain, timber or goods or property which can be used for any of the poses mentioned in The Bank Act; or (b.) having given, or after any clerk or person in his em- property to ploy has, to his knowledge, given, as having been received which such reby him in any mill, warehouse, vessel, cove or other place, any such receipt, certificate or acknowledgment for any such grain, timber or other goods or property,-or having obtained any such receipt, certificate or acknowledgment, and after having endorsed or assigned it to any bank or person, afterwards, and without the consent of the holder or endorsee in writing, or the production and delivery of the receipt, certificate or acknowledgment, wilfully alienates or parts with, or does not deliver to such holder or owner of such receipt, certificate or acknowledgment, the grain, timber, goods or other property therein mentioned. R.S.C., c. 164, s. 75.

379. If any offence mentioned in any of the three sections Innocent next preceding is committed by the doing of anything in the partners. name of any firm, company or copartnership of persons the person by whom such thing is actually done, or who connives at the doing thereof, is guilty of the offence, and not any other person. R.S.C., c. 164, s. 76.

or wreck not

380. Every one is guilty of an indictable offence and Selling vessel liable to seven years' imprisonment who, not having lawful having title title thereto, sells any vessel or wreck found within the thereto. limits of Canada. R.S.C., c. 81, s. 36 (d).

respecting

381. Every one is guilty of an indictable offence and Other offences liable, on conviction on indictment to two years' imprison- wrecks. ment, and on summary conviction before two justices of the peace to a penalty of four hundred dollars or six months' imprisonment, with or without hard labour, who

(a.) secretes any wreck, or defaces or obliterates the marks thereon, or uses means to disguise the fact that it is wreck, or in any manner conceals the character thereof, or the fact that the same is such wreck, from any person entitled to inquire into the same; or

(b.)

Offences respecting old

(b.) receives any wreck, knowing the same to be wreck, from any person, other than the owner thereof or the receiver of wrecks, and does not within forty-eight hours inform the receiver thereof;

(c.) offers for sale or otherwise deals with any wreck, knowing it to be wreck, not having a lawful title to sell or deal with the same; or

(d.) keeps in his possession any wreck, knowing it to be wreck, without a lawful title so to keep the same, for any time longer than the time reasonably necessary for the delivery of the same to the receiver; or

(e.) boards any vessel which is wrecked, stranded or in distress against the will of the master, unless the person so boarding is, or acts by command of, the receiver. R.S.C., c. 81, s. 37.

382. Every person who deals in the purchase of old marine marine stores, stores of any description, including anchors, cables, sails, junk, iron, copper, brass, lead and other marine stores, and who, by himself or his agent, purchases any old marine stores from any person under the age of sixteen years, is guilty of an offence and liable, on summary conviction, to a penalty of four dollars for the first offence and of six dollars for every subsequent offence.

Definitions.

Marks to be

used on public stores.

2. Every such person who, by himself or his agent, purchases or receives any old marine stores into his shop, premises or places of deposit, except in the daytime between sunrise and sunset, is guilty of an offence and liable, on summary conviction, to a penalty of five dollars for the first offence and of seven dollars for every subsequent offence.

3. Every person, purporting to be a dealer in old marine stores, on whose premises any such stores which were stolen are found secreted is guilty of an indictable offence and liable to five years' imprisonment. R.S.C., c. 81, s. 35.

383. In the next six sections, the following expressions have the meaning assigned to them herein:

(a.) The expression "public department" includes the Admiralty and the War Department, and also any public department or office of the Government of Canada, or of the public or civil service thereof, or any branch of such department or office ;

(b.) The expression "public stores" includes all stores under the care, superintendence or control of any public department as herein defined, or of any person in the service of such department;

(c.) The expression "stores" includes all goods and chattels, and any single store or article. 50-51 V., c. 45, s. 2.

384. The following marks may be applied in or on any public stores to denote Her Majesty's property in such stores, and it shall be lawful for any public department, and the contractors,

contractors, officers and workmen of such department, to apply such marks, or any of them, in or on any such

stores:

Marks appropriated for Her Majesty's use in or on Naval, Military, Ordnance, Barrack,
Hospital and Victualling Stores.

[blocks in formation]

ters W.D.

Timber, metal and other stores not before! The broad arrow, with or without the letenumerated.

Marks appropriated for use on stores, the property of Her Majesty in the right of her
Government of Canada.

Public stores.

STORES.

MARKS.

The name of any public department, or
the word "Canada," either alone or in
combination with a Crown or the Royal
Arms.

50-51 V., c. 45, s. 3; 53 V., c. 38.

marks to pu

385. Every one is guilty of an indictable offence and Unlawfully liable to two years' imprisonment who, without lawful applying authority the proof of which shall lie on him, applies any of blic stores. the said marks in or on any public stores. 50-51 V., c. 45,

s. 4.

stores.

386. Every one is guilty of an indictable offence and Taking marks liable to two years' imprisonment who, with intent to con- from public ceal Her Majesty's property in any public stores, takes out, destroys or obliterates, wholly or in part, any of the said

[blocks in formation]

&c., of public

387. Every one who, without lawful authority the proof Unlawful posof which lies on him, receives, possesses, keeps, sells or session, sale, delivers any public stores bearing any such mark as afore- stores. said, knowing them to bear such mark, is guilty of an indictable offence and liable on conviction on indictment to one year's imprisonment and, if the value thereof does not exceed twenty-five dollars, on summary conviction, before two justices of the peace, to a fine of one hundred dollars or to six months' imprisonment with or without hard labour. 50-51 V., c. 45, ss. 6 and 8.

possession of

388. Every one, not being in Her Majesty's service, or a Not satisfying dealer in marine stores or a dealer in old metals, in whose justices that possession any public stores bearing any such mark are public stores found who, when taken or summoned before two justices of the peace, does not satisfy such justices that he came law

fully

is lawful.

Searching for

stores near

vessels.

fully by such stores so found, is guilty of an offence and liable, on summary conviction, to a fine of twenty-five dollars; and

2. If any such person satisfies such justices that he came lawfully by the stores so found, the justices, in their discretion, as the evidence given or the circumstances of the case require, may summon before them every person through whose hands such stores appear to have passed; and

3. Every one who has had possession thereof, who does not satisfy such justices that he came lawfully by the same, is liable, on summary conviction of having had possession thereof, to a fine of twenty-five dollars, and in default of payment to three months' imprisonment with or without hard labour. 50-51 V., c. 45, s. 9.

389. Every one who, without permission in writing from Her Majesty's the Admiralty, or from some person authorized by the Admiralty in that behalf, creeps, sweeps, dredges, or otherwise searches for stores in the sea, or any tidal or inland water, within one hundred yards from any vessel belonging to Her Majesty, or in Her Majesty's service, or from any mooring place or anchoring place appropriated to such vessels, or from any mooring belonging to Her Majesty, or from any of Her Majesty's wharfs or docks, victualling or steam factory yards, is guilty of an offence and liable, on summary conviction before two justices of the peace, to a fine of twentyfive dollars, or to three months' imprisonment, with or without hard labour. 50-51 V., c. 45, ss. 11 and 12.

Receiving regimental necessaries, &c.,

or deserters.

390. Every one is guilty of an indictable offence and liable on conviction on indictment to five years' imprisonfrom soldiers ment and on summary conviction before two justices of the peace to a penalty not exceeding forty dollars, and not less than twenty dollars and costs, and, in default of payment, to six months' imprisonment with or without hard labour who

Receiving,

(a.) buys, exchanges or detains, or otherwise receives from any soldier, militiaman or deserter any arms, clothing or furniture belonging to Her Majesty, or any such articles belonging to any soldier, militiaman or deserter as are generally deemed regimental necessaries according to the custom of the army; or

(b.) causes the colour of such clothing or articles to be changed; or

(c.) exchanges, buys or receives from any soldier or militiaman any provisions, without leave in writing from the officer commanding the regiment or detachment to which such soldier belongs. R.S.C., c. 169, ss. 2 and 4.

391. Every one is guilty of an indictable offence, and &c., necessa- liable, on conviction on indictment to five years' imprisonriners or de- ment, and on summary conviction before two justices of the

ries from ma

serters.

peace

peace to a penalty not exceeding one hundred and twenty dollars, and not less than twenty dollars and costs, and in default of payment to six months' imprisonment, who buys, exchanges or detains, or otherwise receives, from any seaman or marine, upon any account whatsoever, or has in his possession, any arms or clothing, or any such articles, belonging to any seaman, marine or deserter, as are generally deemed necessaries according to the custom of the navy. R.S.C., c. 169, ss. 3 and 4.

&c., a sea

392. Every one is guilty of an indictable offence who de- Receiving, tains, buys, exchanges, takes on pawn or receives, from any man's proseaman or any person acting for a seaman, any seaman's perty. property, or solicits or entices any seaman, or is employed by any seaman to sell, exchange or pawn any seaman's property, unless he acts in ignorance of the same being seaman's property, or of the person with whom he deals being or acting for a seaman, or unless the same was sold by the order of the Admiralty or Commander-in-Chief.

2. The offender is liable, on conviction on indictment to five years' imprisonment, and on summary conviction to a penalty not exceeding one hundred dollars; and for a second offence, to the same penalty, or, in the discretion of the justice, to six months' imprisonment, with or without hard labour.

3. The expression " seaman " means every person, not being a commissioned, warrant or subordinate officer, who is in or belongs to Her Majesty's Navy, and is borne on the books of any one of Her Majesty's ships in commission, and every person, not being an officer as aforesaid, who, being borne on the books of any hired vessel in Her Majesty's service, is, by virtue of any Act of Parliament of the United Kingdom for the time being in force for the discipline of the Navy, subject to the provisions of such Act.

4. The expression "seaman's property" means any clothes, slops, medals, necessaries or articles usually deemed to be necessaries for sailors on board ship, which belong to any

seaman.

5. The expression "Admiralty," means the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral. R.S.C., c. 171, ss. 1 and 2.

393. Every one in whose possession any seaman's property Not satisfying justice that is found who does not satisfy the justice of the peace before possession of whom he is taken or summoned that he came by such seaman's property lawfully is liable, on summary conviction, to a fine of rty is lawtwenty-five dollars. R.S.C., c. 171, s. 3.

pro

defraud.

394. Every one is guilty of an indictable offence and Conspiracy to liable to seven years' imprisonment who conspires with any other person, by deceit or falsehood or other fraudulent

9

means,

« PreviousContinue »