prisonment. commit the offender to the common gaol or house of correcScale of im- tion, there to be imprisoned only, or to imprisoned and kept to hard labour, according to the discretion of the justice, for any term not exceeding two months where the amount of the sum forfeited or of the penalty imposed, or of both (as the case may be), together with the costs, does not exceed twenty-five dollars, and for any term not exceeding three months where the amount, with costs, exceeds twentyfive dollars; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs. Justice may discharge the 19. Where any person is summarily convicted before a offender in Justice of the Peace, of any offence against this Act, and it certain cases. is a first conviction, the justice may, if he so thinks fit, discharge the offender from his conviction, upon his making such satisfaction to the party aggrieved, for damages and costs, or either of them, as shall be ascertained by the jus A summary conviction shall be a bar to any other proceeding for the same cause. Stealers of property in Dominion, &c., may be tried and punished in that part where they have the property. tice. 120. In case any person convicted of any offence punishable upon summary conviction, by virtue of this Act, has paid the sum adjudged to be paid, together with costs, under such conviction, or has received a remission thereof from the Crown, or has suffered the imprisonment awarded for non-payment thereof, or the imprisonment adjudged in the first instance, or has been so discharged from his first conviction by any justice as aforesaid, in every such case he shall be released from all further or other proceedings for the same cause. As to other matters. 121. If any person has in his possession in any one part one part of the of Canada, any chattel, money, valuable security or other property whatsoever, which he has stolen or otherwise feloniously or unlawfully taken or obtained, by any offence against this Act, in any other part of Canada he may be dealt with, indicted, tried and punished for larceny or theft in that part of Canada where he so has such property, in the same manner as if he had actually stolen, or taken or obtained it in that part; and if any person in any one part of Canada receives or has any chattel, money, valuable security or other property whatsoever which has been stolen or otherwise feloniously or unlawfully taken or obtained in any other part of Canada, such person knowing such property to have been stolen or otherwise feloniously or unlawfully taken or obtained, he may be dealt with, indicted, tried and punished for such offence in that part of Canada. where he so receives or has such property, in the same manner as if it had been originally stolen or taken or obtained in that part. tain cases. 122. Whenever any person is convicted of any indictable Fine and misdemeanor punishable under this Act, the court may, if sureties for keeping the it thinks fit, in addition to, or in lieu of any of the punish- peace in cerments by this Act authorized, fine the offender, and require him to enter into his own recognizances and to find sureties, both or either, for keeping the peace and being of good behaviour; and in case of any felony punishable under this Act, the court may, if it thinks fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by this Act authorized: Provided that no person shall, Proviso. under this section, be imprisoned for any period exceeding one year for not finding sureties. 123. Every offence hereby made punishable on summary Summary conviction may be prosecuted in the manner directed by proceedings. the Act of the present Session, intituled: "An Act respecting Act of this the duties of Justices of the Peace out of Sessions, in relation to Session, c. 31. Summary Convictions and orders," so far as no other provision is hereby made for any matter or thing which may be required to be done in the cause of such prosecution; and all provisions contained in the said Act shall be applicable to such prosecution in the same manner as if they were incorporated in this Act. 124. This Act shall commence and take effect on the first Commence ment of Act. day of January, one thousand eight hundred and seventy. CHAP. 22. An Act respecting Malicious Injuries to Property. [Assented to 22nd June, 1869.] THEREAS it is expedient to assimilate, amend and con- Preamble. solidate the Statute Law of the several Provinces of Quebec, Ontario, Nova Scotia and New Brunswick, relating to Malicious Injuries to Property, and to extend the same as so consolidated to all Canada: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Injuries by fire to buildings and goods therein. 1. Whosoever unlawfully and maliciously sets fire to any Setting tire to church, chapel, meeting house, or other place of divine a church, chapel, &c. worship, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life or for any term not less than two years, or to be imprisoned in any other gaol or a dwelling house, any therein. or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. Setting fire to 3. Whosoever unlawfully and maliciously sets fire to any dwelling-house, any person being therein, is guilty of felony, person being and shall be liable to be imprisoned in the penitentiary for life or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and, with or without solitary confinement. Setting fire to a house, out house, manufactory, farm building, &c. Setting fire to any railway station, or to any building belonging to any railway, canal, port, dock, &c. Setting fire to any of Her Majesty's dock-yards, ships, &c. 3. Whosoever unlawfully and maliciously sets fire to any house, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, storehouse, granary, hovel, shed or fold, or to any farm building, or to any building or erection used in farming land, or in carrying on any trade or manufacture, or any branch thereof, whether the same is then in the possession of the offender, or in the possession of any other person, with the intent thereby to injure or defraud any person, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term not less than two years, with or without hard labour, and with or without solitary confinement. 4. Whosoever unlawfully and maliciously sets fire to any station, engine-house, warehouse, or other building, belonging or appertaining to any railway, port, dock, or harbour, or to any canal or other navigation, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. 5. Whosoever unlawfully and maliciously sets on fire or burns, or otherwise destroys or causes to be set on fire or burnt, or otherwise destroyed, or aids, procures, abets or assists, in the setting on fire or burning, or otherwise destroying, of any of Her Majesty's ships or vessels of war, whether afloat or building, or begun to be built in any of Her Majesty's dock-yards, or building or repairing by contract in any private yard for the use of Her Majesty, or any of Her Majesty's arsenals, magazines, dock yards, rope-yards, victualling offices, or any of the buildings erected therein or belonging thereto, or any timber or material there placed, for building, repairing or fitting out of ships or vessels, or any of Her Majesty's military, naval, or victualling stores, or other * Error. See 35 V. c. 34. other ammunition of war, or any place or places where any such military, naval, or victualling stores, or other ammunition of war are kept, placed or deposited, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. 6. Whosoever unlawfully and maliciously sets fire to any Setting fire to building, other than such as are in this Act before mentioned, building. belonging to the Queen or to any county, riding, division, city, town, village, parish, or place, or belonging to any university or college or hall of any university, or to any corporation, or to any unincorporated body or society of persons, associated together for any lawful purpose, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. other build ings. 7. Whosoever unlawfully and maliciously sets fire to Setting fire to any building other than such as are in this Act before mentioned, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for any term not exceeding fourteen years, and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. felony. 8. Whosoever unlawfully and maliciously sets fire to any Setting fire to matter or thing, being in, against or under any building, goods in any building, the under such circumstances that if the building were thereby setting fire to set fire to, the offence would amount to felony, is guilty of which is felony, and shall be liable to be imprisoned in the penitentiary for any term not exceeding fourteen years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. to any forest, 9. Whosoever by such negligence as shall show him to Setting fire be reckless or wantonly regardless of consequences, or in by negligence contravention of a municipal law of the locality, sets fire to tree, lumber, any forest, tree, manufactured lumber, square timber, logs &c. or floats, boom, dam or slide on the Crown domain or land leased In cases not serious, magistrate may without committal for trial. leased or lawfully held for the purpose of cutting timber, or on private property, on any creek or river, or rollway, beach or wharf, so that the same be injured or destroyed, is guilty of a misdemeanor, and shall be liable to imprisonment in any gaol or place of confinement for any term not longer than two years, with or without hard labour. 10 When in the opinion of the magistrate investigating the charge under the preceding section the consequences impose a fine, have not been serious, he may in his discretion dispose of the matter summarily without sending the offender for trial, by imposing such a fine, not exceeding fifty dollars, as he may deem right to impose; or in default of payment, by committal to gaol for any period not exceeding six months, or until the fine be paid, and with or without hard labour. Destroying, &c., a house with gun any person 11. Whosoever unlawfully and maliciously sets fire to any forest, tree, manufactured lumber, square timber, logs or floats, boom, dam or slide on the Crown domain, or on land leased or lawfully held for the purpose of cutting timber, or on private property or on any creek, or river, or rollway, beach or wharf, so that the same be injured or destroyed, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for any term not exceeding fourteen years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. 12. Whosoever unlawfully and maliciously, by any overt act, attempts to set fire to any building, or any matter or thing in the last preceding section mentioned, under such circumstances that if the same were thereby set fire to the offender would be guilty of felony, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for any term not exceeding fourteen years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. Injuries by explosive substances to buildings and goods therein. 13. Whosoever unlawfully and maliciously, by the explo sion of gunpowder, or other explosive substance, destroys, powder, &c., throws down or damages the whole or any part of any being therein. dwelling-house, any person being therein, or of any building, whereby the life of any person is endangered, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life cr for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for |