upon an indictment as ante under s. 99 that A. N. was in the house at the time. No intent need be laid or proved. In R. v. Sheppard, 11 Cox, 302, it was held that, in order to support an indictment under this section, it is not enough to show simply that gunpowder or other explosive substance was thrown against the house, but it must also be shown that the substance was in a condition to explode at the time it was thrown, although no actual explosion did result.

MISCHIEF ON RAILWAYS.

489. Every one is guilty of an indictable offence and liable to five years' imprisonment who, in manner likely to cause danger to valuable property, without endangering life or person

(a) places any obstruction upon any railway, or takes up, removes, displaces, breaks or injures any rail, sleeper or other matter or thing belonging to any railway; or

(b) shoots or throws anything at an engine or other railway vehicle; or (c) interferes without authority with the points, signals or other appliances upon any railway; or

(d) makes any false signal on or near any railway; or

(e) wilfully omits to do any act which it is his duty to do; or

(f) does any other unlawful act.

2. Every one who does any of the acts above mentioned with intent to cause such danger is liable to imprisonment for life. R. S. C. c. 168, ss. 37 & 38 (Amended). 24-25 V. c. 97, s. 35.

490. Every one is guilty of an indictable offence and liable to two years" imprisonment who, by any act or wilful omission obstructs or interrupts, or causes to be obstructed or interrupted, the construction, maintenance or free use of any railway or any part thereof, or any matter or thing appertaining thereto or connected therewith. R. S. C. c. 168, ss. 38 & 39 (Amended). 24-25 V. c. 97, s. 36 (Imp.).

491. Every one is guilty of an offence and liable, on summary conviction, to a penalty not exceeding twenty dollars over and above the value of the goods or liquors so destroyed or damaged, or to one month's imprisonment, with or without hard labour, or to both, who

(a) wilfully destroys or damages anything containing any goods or liquors in or about any railway station or building or any vehicle of any kind on any railway, or in any warehouse, ship or vessel, with intent to steal or otherwise unlawfully to obtain or to injure the contents, or any part thereof;

or

(b) unlawfully drinks or wilfully spills or allows to run to waste any such liquors, or any part thereof. R. S. C. c. 38, s. 62. 51 V. c. 29, s. 297.

Section 489 is clumsily worded.

See s. 711 as to a verdict of attempt to commit the offence charged in certain cases.

The prisoners were indicted in several counts for wilfully and maliciously placing a stone upon the North Woolwich Railway, with intent to damage, injure, and obstruct the carriages travelling upon it.

It appeared that the prisoners, who were respectively aged thirteen and fourteen, had placed a stone on the railway in such a way as to interfere with the machinery of the points, and prevent them from acting properly, so that if a train had come up while the stone remained as placed by the prisoners it would have been thrown off the line, and a serious accident must have been the consequence. Gutteridge held up the points whilst Upton dropped in the stone.

Wightman, J., told the jury that in order to convict the prisoners it was necessary, in the first place, to prove that they had wilfully placed the stone in the position stated upon the railway and secondly, that it was done maliciously, and with the purpose of causing mischief. It was his duty to inform them that it was not necessary that the prisoners should have entertained any feelings of malice against the railway company, or against any person travelling upon it; it was quite enough to support the charge if the act was done with a view to some mischievous consequence or other, and if that fact was made out the jury would be justified in finding the prisoners guilty, notwithstanding their youth. They were undoubtedly very young, but persons of their age were just as well competent to form an opinion of the consequences of an act of this description as an adult person. Verdict, guilty upon the counts charging an intent to obstruct the engine: R. v. Upton Greaves Lord Campbell's Acts, Appendix).

Indictment under s-s. 1.

unlawfully did put and place a piece of wood upon a certain railway called

in

with intent thereby then to obstruct, upset, over

throw, and injure a certain engine and certain carriages using the said railway, and in manner likely to cause danger to such engine and carriages. (The intent may be laid in different ways, in different counts, if necessary).

Prove that the defendant placed the piece of wood upon or across the railroad as described in the indictment, or was present aiding and assisting in doing so. The intent may be inferred from circumstances from which the jury may presume it. In general, the act being done wilfully, and its being likely to obstruct or upset the railway train, would be sufficient prima facie evidence of an intent to do so.

Upon an indictment under s. 489 the defendant may be convicted of the offence under s. 490, if the evidence warrants it: R. v. Bradford, Bell, 268. A line of railway constructed under an Act of Parliament, but not yet opened for public traffic, and used only for the carriage of materials. and workmen, is within the statute: Idem. A drunken man got upon the railway and altered the signals and thereby caused a luggage train to pull up and proceed at a very slow pace: Held, upon a case reserved, that this was a causing of an engine and a carriage using a railway to be obstructed: R. v. Hadfield, 11 Cox, 574, Warb. Lead. Cas. 87. A person improperly went upon a line of railway and purposely attempted to stop a train approaching by placing himself on the space between two lines of rails, and holding up his arms in the mode adopted by inspectors of the line when desirous of stopping a train: Held, that this amounted to the offence of unlawfully obstructing an engine or carriage using a railway: R. v. Hardy, 11 Cox, 656.

INJURIES TO TELEGRAPHS.

492. Every one is guilty of an indictable offence and liable to two years' imprisonment who wilfully

(a) destroys, removes or damages anything which forms part of, or is used or employed in or about any electric or magnetic telegraph, electric light, telephone or fire-alarm, or in the working thereof, or for the transmission of electricity for other lawful purposes; or

(b) prevents or obstructs the sending, conveyance or delivery of any communication by any such telegraph, telephone or fire-alarm, or the transmission of electricity for any such electric light or for any such purpose as aforesaid.

2. Every one who wilfully, by any overt act, attempts to commit any such offence is guilty of an offence and liable, on summary conviction, to a penalty not exceeding fifty dollars, or to three months' imprisonment, with or without hard labour. R. S. C. c. 168, ss. 40 & 41 (Amended). 24-25 V. c. 97, 88. 37 & 38 (Imp.).

Fine, s. 958. A verdict for attempt to commit the offence charged may be given upon an indictment under (a) & (b); s. 711.

WRECKING.

493. Every one is guilty of an indictable offence and liable to imprisonment for life who wilfully

(a) casts away or destroys any ship, whether complete or unfinished; or (b) does any act tending to the immediate loss or destruction of any ship in distress; or

(c) interferes with any marine signal, or exhibits any false signal, with intent to bring a ship or boat into danger. R. S. C. c. 168, ss. 46 & 51 (Amended). 24-25 V. c. 97, ss. 42 & 47 (Imp.).

494. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment, who attempts to cast away or destroy any ship, whether complete or unfinished. R. S. C. c. 168, s. 48 (Amended).

Upon an indictment under s. 493 (a) a verdict may given for the offence covered by s. 494; s. 711.

be

that

See R. v. Tower, 4 P. & B. (N. B.) 168.
Indictment for exhibiting false signals.-

before and at the time of committing the offence herein-
after mentioned, a certain ship, the property of some
person or persons to the jurors aforesaid unknown, was
sailing on a certain river called
and that J. S. on

near unto

well knowing the premises, whilst near unto the said

the said ship was so sailing on parish as aforesaid, wilfully and unlawfully did exhibit a false light, with intent thereby to bring the said ship into danger.

MARINE SIGNALS, BUOYS.

495. Every one is guilty of an indictable offence and liable to seven years' imprisonment who wilfully alters, removes or conceals, or attempts to alter, remove or conceal, any signal, buoy or other sea mark used for the purposes of navigation.

2. Every one who makes fast any vessel or boat to any such signal, buoy, or sea mark is liable, on summary conviction, to a penalty not exceeding ten dollars, and in default of payment to one month's imprisonment. R. S. C. c. 168, ss. 52 & 53 (Amended). 24-25 V. c. 97, s. 48.

No intent need be charged in the indictment. This section includes the offence and the attempt to commit the offence.

Indictment.

river called

unlawfully did wilfully remove a certain

buoy then used for the purposes of navigation.

Verdict of attempt may be given if the evidence warrants it; s. 711.

PREVENTING SAVING OF WRECK.

496. Every one is guilty of an indictable offence and liable to seven years' imprisonment who wilfully prevents or impedes, or endeavours to prevent or impede

(a) the saving of any vessel that is wrecked, stranded, abandoned or in distress; or

(b) any person in his endeavour to save such vessel.

2. Every one who wilfully prevents or impedes, or endeavours to prevent or impede, the saving of any wreck 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 fine of four hundred dollars or six months' imprisonment, with or without hard labour. R. S. C. c. 81, ss. 36 (b) & 37 (c).

"Wreck" defined, s. 3.

INJURIES TO Rafts, Etc.

497. Every one is guilty of an indictable offence and liable to two years' imprisonment who wilfully

(a) breaks, injures, cuts, loosens, removes or destroys, in whole or in part, any dam, pier, slide, boom or other such work, or any chain or other fastening attached thereto, or any raft, crib of timber or saw-logs; or

(b) impedes or blocks up any channel or passage intended for the transmission of timber. R. S. C. c. 168, s. 54.

Fine, s. 958.

Indictment.

that A. B. on

in

unlawfully and wilfully, without legal justification or excuse and without colour of right, did cut a certain boom then and there lying on the river called

being then and there the property of J. S., of

the said boom