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A.D. 1886.

CHAPTER 170.

An Act respecting Military and Naval Stores.

*

Ր.

This Act was repealed by 50-51 V., c. 45, " The Public Stores Act," which is substituted for it.

OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most

Excellent Majesty.

CHAPTER 171.

An Act respecting the protection of the Property of A.D. 1886. Seamen in the Navy.

HE

ER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as

follows:

Admiralty."

1. In this Act, unless the context otherwise requires.— Interpreta(a.) The expression "Admiralty' Admiralty" means the Lord High tion. Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral;

(b.) 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 the Parliament of the United Kingdom for the time being in force for the discipline of the Navy, subject to the provisions of such Act;

"Seaman."

32-33 V., c. 57, s. 3.]

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

man.

33 V., c. 31, s. 2.

seaman's

57, s. 4.

's pro

2. Every one who detains, buys, exchanges, takes on pawn Purchasing, or receives, from any seaman or any person acting for a sea- selling, &c., man, any seaman's property, or solicits or entices any seaman, perty. or is employed by any seaman to sell, exchange or pawn any 32-33 V., c. seaman's property, shall, unless he proves that he acted in ignorance of the same being seaman's property, or of the person with whom he dealt being or acting for a seaman, or that the same was sold by order of the Admiralty or Commander-inChief, be liable, on summary conviction, to a penalty not exceeding one hundred dollars; and if convicted of a second Penalty. offence, to the same penalty, or, in the discretion of the justice or justices, to imprisonment for a term not exceeding six months, with or without hard labour. 33 V., c. 31, s. 3.

3. If any seaman's property is found in the possession or Having pos keeping of any person, and he is taken or summoned before session of a justice of the peace (which taking and summoning are hereby perty and not

seaman's pro

accounting for it.

[32-33 V.,

57, s. 5.]

Penalty.

C.

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authorized), and the justice sees reasonable grounds for believing the property so found to have been stolen, or to have been detained, bought, exchanged, pawned or otherwise received, contrary to the provisions of this Act, then if such person does not satisfy the justice that he came by the seaman's property, so found, lawfully and without any violation of this Act, he shall be liable, on summary conviction before a justice or justices, to a penalty not exceeding twenty-five dollars; What shall be and for the purposes of this section, seaman's property shall be deemed to be in the possession or keeping of any person if he knowingly has any such property in the actual possession or keeping of any other person, or in any house, building, lodging, apartment, field or place, open or inclosed, whether occupied by himself or not, and whether the same are so had for his own use or benefit, or for the use or benefit of another. 33 V., c. 31, s. 4.

deemed hay

ing in possession.

Nothing in

prevent indictment under this or any other Act.

4. Nothing in this Act shall prevent any person from being this Act shall indicted under this Act, or otherwise, for any indictable offence made punishable on summary conviction by this Act, or prevent any person from being liable under any other Act, or otherwise, to any other or higher penalty or punishment than is provided for any offence by this Act, so that no person is punished twice for the same offence. 33 V., c. 31, s. 7.

[32-33 V., e 57, s. 7.]

OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.

CHAPTER 172.

An Act respecting Cruelty to Animals.

HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

A. D. 1886.

"Cattle."

1. In this Act, unless the context otherwise requires, the Interpretaexpression "cattle "includes any horse, mule, ass, swine, sheep tion. or goat, as well as any neat cattle or animal of the bovine species, and whatever is the age or sex of the animal, and whether castrated or not, and by whatever technical or trivial name it is known, and shall apply to one animal as well as to many. 32-33 V., c. 27, s. 10 ;-38 V., c. 42, s. 1.

CRUELTY TO ANIMALS.

punishable.

2. Every one who wantonly, cruelly or unnecessarily beats, Cruelty to binds, ill-treats, abuses, overdrives, or tortures any cattle, animals, how poultry, dog, domestic animal or bird,--or who, while driving (12-13 V., c. any cattle or other animal is, by negligence or ill-usage in the 92, ss, 2-3.] driving thereof, the means whereby any mischief, damage or injury is done by any such cattle or other animal,--or who, in any manner, encourages, aids or assists at the fighting or baiting of any bull, bear, badger, dog, cock or other kind of animal, whether of domestic or wild nature, shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding fifty dollars or to imprisonment for any term not exceeding three months, with or without hard labour, or to both. 43 V., c. 38, s. 2.

cockpit.

3. Every one who builds, makes, maintains or keeps a Making or cockpit on premises belonging to or occupied by him, or allows maintaining a a cockpit to be built, made, maintained or kept on premises belonging to or occupied by him, shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding fifty dollars, or to imprisonment for any term not exceeding three months, with or without hard labour, or to both :

2. All cocks found in any such cockpit, or on the premises Forfeiture in wherein such cockpit is, shall be confiscated and sold for the such case, benefit of the municipality in which such cockpit is situated.

43 V., c. 38, s. 3.

Apprehension
of offenders.
(12-13 V., c.
92, s. 13.]

If offender refuses to disclose his name, &c.

Time for
prosecution
limited.

[12-13 V., c.
92, s. 14.]
Application of
penalties.
[12-13 V-, c.
92,-. 21.]

4. If any such offence is committed, any constable or other peace officer, or the owner of any such cattle, animal or poultry, upon view thereof, or upon the information of any other person (who shall declare his name and place of abode to such constable or other peace officer), may seize and secure, and forthwith, and without any warrant, may convey any such offender before a justice of the peace within whose jurisdiction the offence was committed, to be dealt with according to law. 32-33 V., c. 27,

s. 4.

5. If any person apprehended for having committed any such offence refuses to disclose his name and place of abode to the justice of the peace before whom he is brought, such person shall be immediately delivered over to a constable or other peace officer, and shall, by him, be conveyed to the common gaol or place of confinement for the district county or place within which the offence was committed, or in which the offender was apprehended, there to remain for any term not exceeding one month, or until he makes known his name and place of abode to the said justice. 32-33 V., c. 27, s. 5.

6. No prosecution for any such offence shall be brought, except within three months next after the commission of the offence. 32-33 V., c. 27, s. 6.

7. Every pecuniary penalty recovered with respect to any such offence shall be applied in the following manner, that is to say; one moiety thereof to the corporation of the city, town, village, township, parish or place in which the offence was committed, and the other moiety, with full costs, to the person who informed and prosecuted for the same, or to such other person as to the justices of the peace seems proper. 32-33 V., c. 27, s. 8.

Cattle to be unladen for

at certain

intervals.

THE CONVEYANCE OF CATTLE.

S. No railway company within Canada, whose railway forms food, rest, &c., any part of a line of road over which cattle are conveyed from one Province to another Province, or from the United States to or through any Province, or from any part of a Province to another part of the same, or owner or master of any vessel carrying or transporting cattle, from one Province to another Province, or within any Province, or from the United States through or to any Province, shall confine the same in any car, or vessel of any description, for a longer period than twentyeight consecutive hours, without unlading the same for rest, water and feeding for a period of at least five consecutive hours, unless prevented from so unlading and furnishing water and food by storm or other unavoidable cause, or by necessary delay or detention in the crossing of trains:

Exception.

Time, how reckoned.

2. In reckoning the period of confinement, the time during which the cattle have been confined without such rest and

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