Upon an indictment for breaking a threshing machine, l'atterson, J., allowed the prisoner's counsel to ask whether the mob had not compelled several persons to join them, and obliged each to give a blow with a sledge-hammer to every machine that was broken; and he also allowed the witnesses to prove that the prisoner had been forced by the mob to join them, and that he had resolved to escape on the first opportunity. (1) See as to compulsion by threats, article 12, and comments thereon at pp. 12 and 13, ante.

The destruction of any part of a threshing machine which has been taken to pieces and separated by the owner is punishable under this clause ; (2) and so is the destruction of a water-wheel by which a threshing machine is worked. (3) Even if the sides of the machine be wanting, without which it will only work imperfectly, it will be within the meaning of the above clause. (4) But it has been held, that where the machine had been taken to pieces and in part destroyed by the owner, from fear, the remaining parts did not constitute a machine. (5)

It is not necessary that the damage done should be of a permanent kind. Therefore, where it was shewn, upon an indictment for damaging a steam-engine, that the prisoner had screwed up parts of the engine, so that, while so screwed up, they would not work, and that he had reversed the plug of the pump which supplied the engine with water, and that the engine was thus rendered temporarily useless and liable to burst, but that the prosecutor discovered the state of the engine and loosened the screws and properly replaced the plug before any permanent damage was done, it was held that the prisoner was properly convicted. (6)

And, where a prisoner, in company with some other persons, unfastened and took away a certain part,-called the half-jack,-of a machine, called a stockingframe, without which the frame was useless, but did no further injury either to the half-jack or to the frame, than the removal of the half-jack, the judges held that this was a damaging of the frame, as it made the frame imperfect and inoperative. (7)

Wilfully destroying or damaging trees, etc., in a park, etc. - (Art. 499 Da). It has been held that the words " adjoining any dwelling-house" import actual contact, and, that, therefore, ground separated from a house by a narrow walk and paling, wall, or gate is not within their meaning. (8)

The amount of injury done means the actual injury done to the tree, etc, itself, and does not extend to consequential injury resulting from the act of the defendant; and, so, where the actual injury done to the tree, etc, damaged by the defendant, was less than the value of five dollars, but it appeared that it would, in consequence of the damage done. be necessary to stub up and replace part of an old hedge at an expense greater than five dollars, it was held to be insufficient (9) But, if several trees, etc., be destroyed or damaged, at the same time, or so continuously as to form one transaction, and the actual injury done to them amounts in the aggregate to more than five dollars, it will be sufficient. (10)

It has been held that one who cuts off a portion of his neighbour's trees to protect his own property from the nuisance caused by boys throwing stones at

(1) R. v. Crutchley, 5 C. & P. 133.

(2) R. v. Mackerel, 4 C. & P. 448.

(3) R. v. Tidler, 4 C. & P. 449

(4) R. v. Bartlett, 2 Deacon, C. L. 1517.

(5) R. v. West, 2 Deacon, C. L. 1518.

(6) R. v. Fisher, L. R, 1 C. C. R., 7; 35 L. J. (M. C.) 57.

(7) R. v. Tacey, R. & R. 452.

(8) R. v. Hodges, M. & M. 341.

(9) R. v. Whiteman, Dears, 353; 23 L. J. (M. C.), 120.

(10) R. v. Shepherd, L. R., 1 C.C.R., 118; 37 L J. (M. C.) 45; Arch. Cr. Pl. & Ev. 21 Ed. 421, 635.

the blossoms on such trees, and to secure the entrance of air and light to his own dwelling, cannot be said to be acting under a fair and reasonable supposition that he has a right to do the acts complained of. (1)

As to injuries to trees, etc., growing anywhere but in a park, &c. and to which the damage done amounts to twenty five cents, see art 508 post.

Wilfully destroying or damaging any real or personal property by night. - Art. 599 De.) The actual injury done must amount to the value of twenty dollars, and the offence must be committed at night If the offence be committed during the day, it will, instead of being punishable under this clause, by five years' imprisonment, come under clause E (a), and be punishable with two years' imprisonment.

14

Night" is the period between nine o'clock in the evening and six o'clock of the following morning. (Art. 3 (q.), ante, p. 4.).

In an indictment for damaging several articles of personal property, at one time, it is not necessary to allege separately the value of each article injured, but it will be sufficient to allege that the amount of damage done to them is twenty dollars in the aggregate. (2)

The soil of a town moor was vested in the corporation of the town, in fee, but free-men were entitled, under statute, to the "full right and benefit to the herbage" of the moor, for pasturing cows; and it was held that, the freehold estate of the moor being vested in the corporation, the right of the free-men to the herbage was not" any real and personal property whatever," within the meaning of sec. 52 of the Imperial statute, (relating to malicious injuries to property), which only applies to tangible property and not to mere incorporeal rights, such as rights of pasture. (3) The principle of this decision, however, is not applicable to clauses D (e.), and E (a.) of Art. 499; for these clauses expressly include corporeal and incorporeal property.

As the act of the offender must be done wilfully, it was held, in a case where the defendant threw, at some people with whom he had been fighting, a stone which struck and broke the windows of a house, that he was wrongly convicted of unlawfully and maliciously committing damage, although it was intimated that, if the jury had found that the defendant knew that the window was where it was, when he threw the stone, and that he was likely to break it, and was reckless whether he did so or not, the decision might have been different. (4)

It has been held that a person gathering mushrooms growing in their natural state in a field, and doing no other damage or injury, does not thereby "wilfully or maliciously" commit damage, injury or spoil to or upon real or personal property, within the meaning of 24 and 25 Vict., c. 97, s. 52. (5)

As to all other injuries to real or personal property, irrespective of the amount of damage, see article 511, post.

500. Attempting to injure or poison cattle.—Every one is guilty of an indictable offence and liable to two years' imprisonment who wilfully

the

(a.) attempts to kill, maim, wound, poison or injure any cattle, or young thereof; or

(1) Hamilton v. Bone, 16 Cox C.C. 437; Burb. Dig. Cr. L. 476.

(2) R. v. Thoman, 12 Cox, (C.C.R.) 54.

(3) Laws v. Eltringham, 8 Q. B. D. 283; 51 L. J. (M. C.) 13.

(4) R. v. Pembliton, L. R., 2 C. C. R., 119; 43 L. J (M. C.) 91. See R. v. Welch, cited at p. 445, ante.

(5) Gardner v. Mansbridge, L. R., 19 Q. B. D., 217 ; Burh, Dig. Cr. L. 476.

(b.) places poison in such a position as to be easily partaken of by any such animal. R.S.C, c. 168, s. 44.

See comments upon art. 499 B (b) ante, p.p. 444 and 445.

See also art. 64, and comments at p.p. 40 and 41, ante, as to attempts.

501. Injuries to animals, not being cattle.—Every one is guilty of an offence and liable, on summary conviction, to a penalty not exceeding one hundred dollars over and above the amount of injury done, or to three months' imprisonment, with or without hard labour, who wilfully kills, maims, wounds, poisons or injures any dog, bird, beast, or other animal, not being cattle, but being either the subject of larceny at common law, or being ordinarily kept in a state of confinement, or kept for any lawful purpose.

2. Every one who, having been convicted of any such offence, afterwards commits any offence under this section, is guilty of an indictable offence, and liable to a fine or imprisonment, or both, in the discretion of the court. R.S.C., c. 168, s. 45; 53 V., c. 37, s. 16.

The imprisonment under clause 2 of this article will be five years. (See art 951, post).

See article 304, ante, p. 269, as to animals capable of being stolen and see also the remarks of the Royal Commissioners, on the subject, at p p. 267 and 268, anle.

502. Threats to injure cattle.-Every one is guilty of an indictable offence and liable to two years' imprisonment who sends, delivers or utters, or directly or indirectly causes to be received, knowing the contents thereof, any letter or writing threatening to kill, maim, wound, poison, or injure any cattle. R.S.C., c. 173, s. 8.

503. Injuries to poll books, etc.-Every one is guilty of an indictable offence and liable to seven years' imprisonment who wilfully

(a.) destroys, injures or obliterates, or causes to be destroyed, injured or obliterated; or

(b.) makes or causes to be made any erasure, addition of names or interlineation of names in or upon—

any writ of election. or any return to a writ of election, or any indenture, poll-book, voters' list, certificate, affidavit or report, or any document, ballot or paper made, prepared or drawn out according to any law in regard to Dominion, provincial, municipal or civic elections. R.S C., c 168, s. 55.

504. Injuries to buildings, etc., by tenants.-Every one is guilty of an indictable offence and liable to five years' imprisonment, who, being possessed of any dwelling-house or other building, or part of any dwelling-house or other building which is built on lands subject to a mortgage or which is held for any term of years or other less term, or at will, or held over after the termination of any tenancy, wilfully and to the prejudice of the mortgagee or owner—

(a.) pulls down or demolishes, or begins to pull down or demolish the same or any part thereof, or removes or begins to remove the same or any part thereof from the premises on which it is erected; or

(b.) pulls down or severs from the freehold any fixture fixed in or to such dwelling-house or building, or part of such dwelling-house or building.

As to thefts of fixtures, etc., by tenants, see Article 322, ante.

505. Injuries to land-marks, etc.-Every one is guilty of an indictable offence and liable to seven years' imprisonment, who wilfully pulls down, defaces, alters or removes any mound, land mark, post or monument lawfully erected, planted or placed to mark or determine the boundaries of any province, county, city, town, township, parish or other municipal division. R.S.C., c. 168, s. 56.

506. Every one is guilty of an indictable offence and liable to five years' imprisonment, who wilfully defaces, alters or removes any mound, land mark, post or monument lawfully placed by any land surveyor to mark any limit, boundary or angle of any concession, range, lot or parcel of land.

2. It is not an offence for any land surveyor in his operations to take up such posts or other boundary marks, when necessary, if he carefully replaces them as they were before. R.S.C., c. 168, s. 57.

507, Injuries to fences, etc.-Every one is guilty of an indictable offence and liable, on summary conviction, to a penalty not exceeding twenty dollars over and above the amount of the injury done, who wilfully destroys or damages any fence, or any wall, stile or gate, or any part thereof respectively, or any post or stake planted or set up on any land, marsh, swamp or land covered by water, on or as the boundary or part of the boundary line thereof, or in lieu of a fence thereto.

2. Every one who, having been convicted of any such offence, afterwards commits any such offence is liable, on summary conviction, to three months' imprisonment with hard labour. R.Š.C., c. 168, s. 27; 53 V., c. 38, s 15.

See comments under Art. 478, ante, p. 432, as to second offences.

507A. Injuries to Harbor Bars.—-Every one is guilty of an offence and liable, on summary conviction, to a penalty not exceeding fifty dollars, who wilfully and without the permission of the Minister of Marine and Fisheries (the burden of proving which permission shall lie on the accused), removes any stone, wood, earth or other material forming a natural bar necessary to the existence of a public harbour, or forming a natural protection to such bar. (As amended by 56 Vic., c. 32.)

508. Injuries to trees, etc., wheresoever growing.--Every one is guilty of an offence and liable, on summary conviction, to a penalty

not exceeding twenty-five dollars over and above the amount of the injury done, or to two months' imprisonment with or without hard labour, who wilfully destroys or damages the whole or any part of any tree, sapling or shrub, or any underwood, wheresoever the same is growing, the injury done being to the amount of twenty-five cents,

at the least.

2. Every one who, having been convicted of any such offence, afterwards commits any such offence is liable, on summary conviction, to a penalty not exceeding fifty dollars over and above the amount of the injury done, or to four months' imprisonment with hard labour.

3. Every one who, having been twice convicted of any such offence, afterwards commits any such offence, is guilty of an indictable offence and liable to two years' imprisonment. R.S.C., c. 168, s. 24.

See comments under Article 478, ante, p 432, as to second offences.

509. Injuries to vegetable productions growing in gardens, orchards, etc.-Every one is guilty of an offence and liable, on summary conviction, to a penalty not exceeding twenty dollars over and above the amount of the injury done, or to three months' imprisonment with or without hard labour, who wilfully destroys, or damages with intent to destroy, any vegetable production growing in any garden, orchard, nursery ground, house, hot-house, green-house or conservatory.

2. Every one who, having been convicted of any such offence, afterwards commits any such offence is guilty of an indictable offence, and liable to two years' imprisonment. R.S.C., c. 168, s. 25.

See Article 478 and comments, as to second offences, at p. 432, anle.

510. Injuries to cultivated roots and plants not growing in a garden, etc.—Every one is guilty of an offence and liable, on summary conviction, to a penalty not exceeding five dollars over and above the amount of the injury done, or to one month's imprisonment with or without hard labour, who wilfully destroys, or damages with intent to destroy, any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the course of any manufacture, and growing in any land, open or inclosed, not being a garden, orchard or nursery ground.

2. Every one who, having been convicted of any such offence, afterwards commits any such offence is liable, on summary conviction, to three months' imprisonment with hard labour. R.S.C., c. 168, s. 26.

See comments under Art. 478, ante, p. 432, as to second offences.

511. Injuries not otherwise provided for.-Every one who wilfully commits any damage, injury or spoil to or upon any real or personal property either corporeal or incorporeal, and either of a public or private nature, for which no punishment is herein before provided, is guilty of an offence and liable. on summary conviction, to a pen