behalf of Her Majesty, in connection with a Government railway on which Her Majesty's mails, or passengers or freight are carried, wilfully breaks such contract knowing, or having reason to believe that the probable consequences of his so doing, either alone or in combination with others, will be to delay or prevent the running of any locomotive engine, or tender, or freight or passenger train or car, on the railway.

2. Every municipal corporation or authority or company which, being bound, agreeing or assuming to supply any city, or any other place, or any part thereof, with electric light or power, gas or water, wilfully breaks any contract made by such municipal corporation, authority, or company, knowing or having reason to believe that the probable consequences of its so doing will be to deprive the inhabitants of that city or place or part thereof wholly, or to a great extent, of their supply of electric light or power, gas or water, is liable to a penalty not exceeding one thousand dollars.

3. Every railway company which, being bound, agreeing or assuming to carry Her Majesty's mails, or to carry passengers or freight, wilfully breaks any contract made by such railway company, knowing or having reason to believe that the probable consequences of its so doing will be to delay or prevent the running of any locomotive engine or tender, or freight or passenger train or car on the railway, is liable to a penalty not exceeding one hundred dollars.

4. It is not material whether any offence defined in this section is committed from malice conceived against the person, corporation, authority or company with which the contract is made or otherwise. R.S.C., c. 173, ss. 15 and 17.

522. Posting up the provisions of law respecting criminal breaches of contract.—Every such municipal corporation, authority, or company, shall cause to be posted up at the electrical works, gas works, or water-works, or railway stations, as the case may be, belonging to such corporation, authority or company, a printed copy of this and the preceding section in some conspicuous place, where the same may be conveniently read by the public; and, as often as such copy becomes defaced, obliterated or destroyed, shall cause it to be renewed with all reasonable despatch.

2. Every such municipal corporation, authority or company which makes default in complying with such duty is liable to a penalty not exceeding twenty dollars for every day during which such default

continues.

3. Every person unlawfully injuring, defacing or covering up any such copy so posted up is liable, on summary conviction, to a penalty not exceeding ten dollars. R.S.C., c. 173, s. 19.

523. Intimidation.-Every one is guilty of an indictable offence and liable, on indictment, or on summary conviction before two justices of the peace, to a fine not exceeding one hundred dollars or

to three months' imprisonment with or without hard labour, who, wrongfully and without lawful authority, with a view to compel any other person to abstain from doing anything which he has a lawful right to do, or to do anything from which he has a lawful right to abstain

(a.) uses violence to such other person, or his wife or children, or injures his property; or

(b.) intimidates such other person, or his wife or children, by threats of using violence to him, her or any of them, or of injuring his property; or

(c.) persistently follows such other person about from place to to place; or

(d.) hides any tools, clothes or other property owned or used by such other person, or deprives him of, or hinders him in, the use thereof; or

(e.) with one or more other persons, follows such other person, in a disorderly manner, in or through any street or road; or

(f.) besets or watches the house or other place where such other person resides or works, or carries on business or happens to be. R.S.C., c. 173, s. 12.

This Article is to the same effect as sec. 7 of the Imperial Act 38 and 39 Vict.. c. 86.

A threat made to a workman that his fellow workmen will strike, unless he joins a union, or a threat made to a master that the union men in his employ will strike if he continues to employ non-union men, was held not to be intimidation within the meaning of the English Act corresponding with the above Article, 523; the ground of the decision apparently being, that, as strikes are now lawful, the mere threat to strike,-which is a lawful act,-cannot amount to intimidation. (1)

It will be seen, by clause (f) of the above Article, that picketing is expressly forbidden, as being an act of unlawful intimidation; and a threat to picket has also been held to be intimidation. (2)

Cave, J., in an unreported case of R. v. McKeevit, Liverpool Assizes, 16 Dec. 1890, ruled that to constitute intimidation within the meaning of section 7 of the English statute, personal violence must be threatened. It was not necessary to decide this point in Connor v. Kent, Gibson v. Lawson, and Curran v. Treleaven; but the five judges who decided those cases expressed an opinion that there was much to be said for the view entertained by Cave, J.

The law allows simple watching or attending near a place, for the purpose of obtaining or of communicating information: and, although this was said to be the only exception, (3) the late Recorder of London, in his charge to the jury, at the Central Criminal Court, in the case of R. v. Hibbert, on the 5th of April 1875, went so far as to say, that, if the defendants merely watched the employer's premises for the purpose of informing all comers of the existence of a strike and of endeavoring to persuade them to join the men on strike, it would be lawful, so long as it was done peaceably and without anything being done to interfere with

(1) Connor v. Kent, Gibson v. Lawson, Curran v. Treleaven, [1891], 2Q.B., 545; 61 L. J. (M. C), 9.

(2) Judge v. Bennett, 52, J. P. 247. (3) R. v. Bauld, 13 Cox 282.

the perfect exercise of free-will on the part of those who were otherwise willing to work on the terms proposed by the employer. The Recorder mentioned, in support of this view, that the law had been previously so laid down by Lush, J., in some cases tried before him. (1)

524. Intimidating persons working at any trade etc.-Every one is guilty of an indictable offence and liable to two years' imprisonment who, in pursuance of any unlawful combination or conspiracy to raise the rate of wages, or of any unlawful combination or conspiracy respecting any trade, business or manufacture, or respecting any person concerned or employed therein, unlawfully assaults any person, or, in pursuance of any such combination or conspiracy, uses any violence or threat of violence to any person, with a view to hinder him from working or being employed at such trade, business or manufacture. R.S.C., c. 173, s. 9.

525. Intimidation of dealers, seamen and others.-Every one is guilty of an indictable offence and liable, on indictment or on summary conviction before two justices of the peace, to a fine not exceeding one hundred dollars, or to three months' imprisonment with or without hard labour, who

(a.) beats or uses any violence or threat of violence to any person with intent to deter or hinder him from buying, selling or otherwise disposing of any wheat or other grain, flour, meal, malt or potatoes or other produce or goods, in any market or other place; or

(b.) beats or uses any such violence or threat to any person having the charge or care of any wheat or other grain, flour, meal, malt or potatoes, while on the way to or from any city, market, town or other place with intent to stop the conveyance of the same; or

(c.) by force or threats of violence, or by any form of intimidation whatsoever, hinders or prevents or attempts to hinder or prevent any seaman, stevedore, ship carpenter, ship labourer or other person. employed to work at or on board any ship or vessel; or to do any work connected with the loading or unloading thereof, from working at or exercising any lawful trade, business, calling or occupation in or for which he is so employed; or with intent so to hinder or prevent, besets or watches such ship, vessel or employee; or

(d.) beats or uses any violence to, or makes any threat of violence against, any such person, with intent to hinder or prevent him from working at or exercising the same, or on account of his having worked at or exercised the same. R.S.C., c. 173, s. 10; 50-51 V., c. 94.

526. Intimidating bidders at sales of public lands.- Every person is guilty of an indictable offence and liable to a fine not exceeding four hundred dollars, or to two years' imprisonment, or to both, who, before or at the time of the public sale of any Indian lands, or public lands of Canada, or of any province of Canada, by intimidation,

(1) Arch. Cr. Pl and Ev. 21 Ed. 1013.

or illegal combination, hinders or prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any lands so offered for sale. R.S.C., c. 173, s. 14.

PART X L.

ATTEMPTS-CONSPIRACIES-ACCESSORIES.

527. Conspiring to commit an indictable offence. Every one is guilty of an indictable offence and liable to seven years' imprisonment, who, in any case not herein before provided for, conspires with any person to commit any indictable offence.

A conspiracy to commit an indictable offence is not triable in a Court of General or Quarter Sessions, unless the indictable offence, which forms the subject-matter of the conspiracy, is so triable. (See Art. 540 post.)

For the definition of conspiracy, and for comments on conspiracy, in general. and on conspiracy to defraud, in particular, see remarks under Article 394, at pp. 335-338, ante.

As to treasonable conspiracies, they are dealt with by Articles 66 and 69, ante; and Article 70, ante, deals with conspiracies to intimidate a Legislature.

See, as to conspiracies to bring false accusations, Article 152, as to conspiracies to detile women, Article 188, as to conspiracies to murder, Article 234, as to conspiracies and combinations in restraint of trade, Articies 516 and 520, ante and as to unlawful combinations and conspiracies to raise the rate of wages, Article 524 post.

For forms of indictments for conspiracy, see pp. 131 and 252, ante, and pp. 476, 492 and 493, post.

528. Attempts to commit indictable offences.—Every one is guilty of an indictable offence and liable to seven years' imprisonment who attempts, in any case not herein before provided for, to commit any indictable offence for which the punishment is imprisonment for life, or for fourteen years, or for any term longer than fourteen years.

529. Every one who attempts to commit any indictable offence for committing which the longest term to which the offender can be sentenced is less than fourteen years, and no express provision is made by law for the punishment of such attempt, is guilty of an indictable offence and liable to imprisonment for a term equal to one-half of the longest term to which a person committing the indictable offence attempted to be committed may be sentenced.

As to what amounts to an allempt to commit a crime, see remarks and authorities under Article 64, at pp. 40-42, ante.

See article 711, post, as to the right to find an offender guilty of an attempt, upon an indictment charging him with the complete commission of the crime; and, see Article 712, post, as to procedure, when, upon a trial for an attempt, the evidence establishes the commission of the full offence. See also Article 713, post.

An attempt to commit an indictable offence is not triable at Quarter Sessions, unless the indictable offence itself is so triable. (See Art. 540, post.)

530. Attempts to commit certain statutory offences.-Every one is guilty of an indictable offence and liable to one year's imprisonment who attempts to commit any offence under any statute for the time being in force and not inconsistent with this Act, or incites or attempts to incite any person to commit any such offence, and for the punishment of which no express provision is made by such statute.

A person who incites or advises another to commit a crime, which the other does not commit, is guilty of an attempt to commit it: (1) but he, who incites another to commit a crime, which the other actually does commit, is guilty, as a principal offender, of the crime which he has incited. (?)

531. Accessories after the fact to indictable offences.-Every one is guilty of an indictable offence and liable to seven years' imprisonment who, in any case where no express provision is made by this Act for the punishment of an accessory, is accessory after the fact to any indictable offence for which the punishment is, on a first conviction, imprisonment for life, or for fourteen years, or for any term longer than fourteen years.

532. Every one who is accessory after the fact to any indictable offence for committing which the longest term to which the offender can be sentenced is less than fourteen years, and no express provision is made for the punishment of such accessory, is guilty of an indictable offence and liable to imprisonment for a term equal to one-half of the longest term to which a person committing the indictable offence to which he is accessory may be sentenced.

An accessory after the fact to an indictable offence cannot be tried before a Court of General or Quarter Sessions, unless the indictable offence itself, be one triable before such a court. (See Art. 540.)

For the definition of an accessory after the fact, see Art. 63, and comments thereunder at p. 39, ante.

An accessory after the fact may be indicted, as such, whether the principal offender has been indicted and convicted or not; and he may be indicted either alone, as for a substantive offence, or jointly with the principal offender. (See Art. 627, post.

Upon an indictment of a person as a principal offender, only, he cannot be convicted of being an accessory after the fact. (3)

Where several persons are tried upon one indictment, some being charged as principals and others as accessories after the fact, and the principal offenders are, in accordance with article 713, found guilty, not of the offence actually charged, but of some other offence included therein, as where the principals are charged with murder and found guilty of manslaughter only, -the persons so charged as accessories may be convicted as accessories to the offence of which the principals are so found guilty. (4)

The accused must be proved to have done some act to assist the principal offender in relation to the crime which he has committed. (5)

(1) R. v. Gregory, L. R.. 1 C. C. 77; 10 Cox 459; and see comments under Articles 62 and 64, at pp. 38-40, ante.

(2) See Arts. 61 & 62, ante, pp. 35, 36.

(3) R. v. Fallon, L. & C. 217; 32 L. J. (M. C.) 66.

(4) R. v. Richards, 2 Q. B. D. 311; 46 L. J. (M. C.), 200. (5) R. v. Chapple, 9 C. & P. 355.