any other injury or mischief to any navigable river or canal, with intent, and so as thereby, to obstruct or prevent the carrying on, completing or maintaining the navigation thereof.

1 ARTICLE 576.

INJURIES TO BRIDGES, VIADUCTS AND TOLL-BARS.

Every one is guilty of felony, and liable to imprisonment for life, who unlawfully and maliciously pulls or throws down, or in anywise destroys any bridge, whether over any stream of water or not, or any viaduct or aqueduct, over or under which bridge, viaduct or aqueduct any highway, railway or canal passes, or does any injury with intent and so as thereby to render such bridge, viaduct or aqueduct, or the highway, railway or canal passing over or under the same, or any part thereof, dangerous or impassable.

ARTICLE 577.

INJURIES TO RAFTS OF TIMBER AND WORKS USED FOR THE TRANSMISSION THEREOF.

3 Every one is guilty of a misdemeanor, and liable to a fine or to two years' imprisonment or to both, who unlawfully and maliciously,

(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.

1 S. D. Art. 377 (ƒ).

R. S. C. c. 168, s. 35;

3 R. S. C. c. 168, s. 54.

24 & 25 Vict. c. 97, s. 33.

As to unlawfully setting timber adrift, see R. S. C. c. 103, s. 41.

(The Cullers' Act).

1

ARTICLE 578.

PREVENTING THE SAVING OF WRECKED VESSELS

OR WRECK.

Every one is guilty of felony, and liable to seven years' imprisonment, who prevents or impedes or endeavors to prevent or impede

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

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

Every one who prevents or impedes, or endeavors to prevent or impede, the saving of any wreck, is guilty of a misdemeanor 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.

3

2 ARTICLE 579.

INJURIES TO FISH PONDS.

Every one is guilty of a misdemeanor, and liable to seven years' imprisonment, who unlawfully and maliciously,

(a.) cuts through, breaks down, or otherwise destroys the dam, flood-gate or sluice of any fish-pond, or of any water which is private property, or in which there is any private right of fishery, with intent thereby to take or destroy any of the fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish ; or

(b.) puts any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish that are then or that may thereafter be put therein;

or

1 R. S. C. 81, s. 36 (b), s. 37 (c).

2 S. D. Art. 380 (g), (h), (i).

3 R. S. C. c. 168, s. 34; 24 & 25 Vict. c. 97, s. 32. As to throwing lime, chemical substance or poisonous matter, &c., or mill rubbish into waters frequented by fish, see R. S. C. c. 95, s. 15; and as to injuries to places set apart for the propagation of fish, see Id. s. 21.

(c.) cuts through, breaks down or otherwise destroys the dam or floodgate of any mill-pond, reservoir or pool.

1 ARTICLE 580.

INJURIES TO RAILWAYS AND RAILWAY PROPERTY WITH

2

INTENT, ETC.

Every one is guilty of a felony, and liable to imprisonment for life, who unlawfully and maliciously, and with intent to obstruct, endanger, upset, overthrow, injure or destroy any engine, tender, carriage, truck or vehicle, on any railway, or any property passing over or along any railway,

(a.) puts, places, casts or throws any wood, stone or other matter or thing upon or across any railway; or

(b.) breaks, takes up, removes, displaces, injures or destroys any rail, railway switch, sleeper, bridge, fence or other matter or thing, or any portion thereof, belonging to any railway; or

(c.) turns, moves or diverts any point or other machinery belonging to any railway; or

(d) makes or shows, hides or removes any signal or light upon or near any railway; or

(e.) does or causes to be done, any other matter or thing.

3

ARTICLE 581.

INJURIES TO RAILWAYS AND RAILWAY PROPERTY.

Every one is guilty of a misdemeanor, and liable to

1 S. D. Art. 377 (h).

2 R. S. C. c. 168, s. 37; 24 & 25 Vict. c. 97, s. 35.

Provisions similar to those contained in Arts. 580, 581, occur in The Railway Act of the Province of Canada (C. S. C. c. 66) and the amendments thereto.

154 and 23 Vict. (P. C.), c. 29, s. 6.

See ss. 84, 85, 152, 153,

As to violation of railway regulations by officers and servants of the railway, see Art.

153 note.

SR. S. C. c. 168, s. 38.

five years' imprisonment, who unlawfully and maliciously

(a.) breaks, throws down, injures or destroys, or does any other hurt or mischief to;

(b.) obstructs or interrupts the free use of; or

(c.) obstructs, hinders or prevents the carrying on, completing, supporting or maintaining of

any railway or any part thereof, or any building, structure, station, depot, wharf, vessel, fixture, bridge, fence, engine, tender, carriage, truck, vehicle, machinery or other work, device, matter or thing of such railway, or appertaining thereto or connected therewith.

1 ARTICLE 582.

OBSTRUCTING RAILWAYS.

2 Every one is guilty of a misdemeanor, and liable to two years' imprisonment, who, by any means, or in any manner or way whatsoever, or by any wilful omission or neglect, obstructs or interrupts, or causes to be obstructed or interrupted, or aids or assists in obstructing or interrupting, the free use of any railway or any part thereof, or any building, structure, station, depot, wharf, vessel, fixture, bridge, fence, engine, tender, carriage, truck, vehicle, machinery or other work, device, matter or thing of such railway, or appertaining thereto, or connected therewith.

1 S. D. Art. 383 (k).

2 R. S. C. c. 168, s. 39; 24 & 25 Vict. c. 97, s. 36. [Changing a signal so as to cause a train to go slower than it otherwise would is an obstructing: R. v. Hadfield, L. R. 1 C. C. R. 253; so is stretching out the arms as a signal; R. v. Hardy, L. R. 1 C. C. R. 278. A railway not opened for public traffic may be obstructed: R. v. Bradford, Bell, C. C. 269.] A, without the consent of the railway company, takes a trolley or hand-car, places it on the track and with it runs upon the railway for several miles, at a time when ordinarily no train is running thereon. A obstructs the free use of the railway; R. v. Brownell, 26 N. B. R. 579.

ARTICLE 583.

INJURIES TO PACKAGES IN THE CUSTODY OF RAILWAYS.

1

Every one is guilty of a misdemeanor, and liable, on summary conviction, to a penalty not exceeding twenty dollars over and above the value of the goods or liquors so taken or destroyed, or to imprisonment (with or without hard labor) for a term not exceeding one month, or to both, who

2

(a.) bores, pierces, cuts, opens or otherwise injures any cask, box or package, which contains wine, spirits or other liquors, or any case, box, sack, wrapper, package or roll of goods, in, on or about any car, waggon, boat, vessel, warehouse, station house, wharf, quay or premises of, or which belong to, any Government railway, or any railway company, with intent feloniously 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.

3 ARTICLE 584.

INJURIES TO ELECTRIC TELEGRAPHS, ETC.

Every one is guilty of a misdemeanor, and liable to imprisonment for any term less than two years, who unlawfully and maliciously

(a) cuts, breaks, throws down, destroys, injures or removes any battery, machinery, wire, cable, post or other matter or thing whatsoever, being part of or being used or employed in or about any electric or magnetic

1 R. S. C. c. 38, s. 62; 51 Vict. (D.) c. 29, s. 297.

2 The words in brackets do not occur in R. S. C. c. 38, s. 62.

3 S. D. Art. 383 (g.) (h.)

4 R. S. C. c. 168, s. 40; 24 & 25 Vict. c. 97, s. 37. As to malicious injuries to submarine cables, see 51 Vict. (D.) c. 31, s. 4.