381. Every one is guilty of an indictable offence and liable, on conviction on indictment to two years' imprisonment, 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.) 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.

See article 3 (dd) ante, for definition of "wreck."

382. Offences respecting old marine stores.-Every person who deals in the purchase of old marine 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.

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 day time 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.

OFFENCES RESPECTING "PUBLIC STORES."

383. Definitions.-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. Marks to be used on public stores.-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 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.

MARKS.

White, black or coloured threads laid
up with the yarns and the wire,
respectively.

Canvas, fearnought, hammocks and sea- A blue line in a serpentine form.
men's bags.
Bunting.
Candles.

STORES.

Hempen cordage and wire rope.

A double tape in the warp.

Blue or red cotton threads in each wick, or wicks of red cotton.

Timber, metal and other stores not The broad arrow, with or without the before enumerated. letters W. D.

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.

See sections 1-4, of 38 & 39 Vict. c. 25, (Imp.)

See Article 709, post, as to proof in cases relating to public stores.

Article 570 authorizes searches of persons suspected of being in possession of public stores, and of vessels etc., in which stolen or unlawfully obtained stores are suspected to be; such searches to be made by any constable or peace officer deputed by a writing from any public départment.

385. Unlawfully applying marks to public stores.-Every one is guilty of an indictable offence and liable to two years' imprisonment

who, without lawful authority, the proof of which shall lie on him, applies any of the said marks in or on any public stores. 50-51 V., c. 45, s. 4.

See sec. 4, of 38 & 39 Vict, c. 25 (Imp.)

386. Taking marks from public stores.-Every one is guilty of an indictable offence and liable to two years' imprisonment who, with intent to conceal Her Majesty's property in any public stores, takes out, destroys or obliterates, wholly or in part, any of the said marks. 50-51 V., c. 45, s. 5.

See sec. 5, of 38 & 39 Vict. c. 25 (Imp.)

387. Unlawful possession sale etc, of public stores.-Every one who, without lawful authority, the proof of which lies on him, receives, possesses, keeps, sells or delivers any public stores bearing any such mark as aforesaid, 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.

For definition of having in possession see article 3 (k), ante.
See article 390 post, as to dealing with regimental necessaries.

388. Not satisfying justices that possession of public stores is lawful.-Every one, not being in Her Majesty's service or a dealer in marine stores or a dealer in old metals, in whose possession any public stores bearing any such mark are found who, when taken or summoned before two justices of the peace, does not satisfy such justices that he came lawfully 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. Searching for stores near Her Majesty's Vessels.-Every one who, without permission in writing from the Admira ty, 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 twenty-five dollars, or to three months' imprisonment, with or without hard labour. 50-51 V., c. 45, ss. 11 and 12.

390. Receiving regimental necessaries etc, from soldiers or deser ters.-Every one is guilty of an indictable offence and liable on conviction on indictment to five years' imprisonment 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

(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;

(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.

See sec. 13 of 38 & 39 Vict., c. 25, (Imp.) and note as to regimental necessaries at p. 908, Arch. Cr. 11. & Ev. 21 Ed.

See 44 & 45 Vict., c. 58, s. 156 (Imp.), and note, at p. 908 of Archbold.

from mariners or deserters.—

391. Receiving etc, necessaries Every one is guilty of an indictable offence, and liable, on conviction on indictment to five years' imprisonment, and on summary convietion before two justices of the 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.

392. Receiving &c. a seaman's property.-Every one is guilty of an indictable offence who detains, buys, exchanges, takes on pawn or receives, from any seaman or any person acting for a seaman, any seaman's 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 Commanderin-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 Admirai. R.S.C., c. 171. ss. 1 and 2.

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

394. Conspiracy to defraud.—Every one is guilty of an indictable offence and liable to seven years' imprisonment who conspires with any other person, by deceit or falsehood or other fraudulent means, to defraud the public or any person, ascertained or unascertained, or to affect the public market price of stocks, shares, merchandise or anything else publicly sold. whether such deceit or falsehood or other fraudulent means would or would not amount to a false pretense as herein before defined.

According to the general definitions of it, a conspiracy is an agreeing or combining, or confederating together, by two or more persons, to accomplish some unlawful purpose, or, to accomplish a lawful purpose by some unlawful means. (1)

In the English Commissioners' Report of 1843 they propose the following definition. The crime of conspiracy consists in an agreement of two persons (not being husband and wife) or more than two persons, to commit a crime, or fraudulently or maliciously to injure or prejudice the public or any individual person" (2). And in 1848 they presented another definition as follows: "The crime of conspiracy consists in an agreement of two persons, (not being husband and wife), or more than two persons to defraud or injure the pubiic or any individual person." (3)

(1) Russ. Cr. 3 Ed. 674 ; Reg. v. Bunn, 12 Cox, 316-339; Reg. v. Roy, 11 L. C. J. 93; Reg. v. Vincent, 9 C. & P. 91; Reg. v. Warburton, L. R. 1 C. C. R., 274; R. v. Seward, 1 A. & E. 706.

(2) Rep. Crim. Law Commrs. of 1843, p. 275. (3) Rep. of Cr. Law Comm. of 1848, p. 65.