Trade unions of employees.]—Sub-section 2 originated with the Code Amendment of 1900. It applies not only to regularly organized trade unions as that term is defined by the Trade Union Act, R.S.C. ch. 125, but to any voluntary organization of labourers. Senate Debates, 1900, page 1044. As to trade unions there is a provision in that statute as follows: (Sec. 32): "The purposes of any trade union shall not by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise, or so as to render void or voidable any agreement or trust."

A conspiracy in restraint of trade is an agreement between two or more persons to do or procure to be done any unlawful act in restraint of trade. Code sec. 496.

But the purposes of a trade union are not, by reason merely that they are in restraint of trade, unlawful within the meaning of sec. 496. Code sec. 497.

Option of trial without jury.]-See Code secs. 581 and 1012.

Limitation of prosecution.]-Even if Code sec. 1141, which limits certain proceedings for penalties and forfeitures to two years after the offence, could be held to apply to a prosecution by indictment, it does not apply to bar a prosecution where the offence was a continuing one, the association remaining in active operation under the presidency of the defendant up to the commencement of the prosecution. The King v. Elliott. 9 Can. Cr. Cas. 505, 9 O.L.R. 648.

499. Every one is guilty of an offence punishable on indict- Penalty. ment on summary conviction before two justices and liable on conviction to a penalty not exceeding one hundred dollars or to three months' imprisonment, with or without hard labour, who,

contract

(a) wilfully breaks any contract made by him knowing, or Wilfully having reasonable cause to believe, that the probable conse- breaking quences of his so doing, either alone or in combination with with danger others, will be to endanger human life, or to cause serious to life or bodily injury, or to expose valuable property, whether real property. or personal, to destruction or serious injury; or,

contract

of

power, light, gas

(b) being bound, agreeing or assuming, under any contract Wilfully made by him with any municipal corporation or authority, breaking or with any company, to supply any city or any connected other place, or any part thereof, with electric light or with supply power, gas or water, wilfully breaks such contract knowing, or having reasonable cause to believe, that the probable or water. consequences of his so doing, either alone or in combination with others, will be to deprive the inhabitants of that city or place, or part thereof, wholly or to a great extent, of their supply of power, light, gas or water; or,

(c) being bound, agreeing or assuming, under any contract Wilfully made by him with a railway company, or with His breaking

contract with railway

under agreement to

carry mails.

Municipality

Majesty, or any one on behalf of His Majesty, in connection with a government railway on which His Majesty's mails, or passengers or freight are carried, to carry His Majesty's mails, or to carry passengers or freight, 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, or company bound, agreeing or assuming to supply any city, or any other supplying light, power, place, or any part thereof, with electric light or power, gas gas or water or water, which wilfully breaks any contract made by such wilfully breaking contract.

Railway

company breaking contract.

Malice not

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, bound, agreeing or assuming to carry His Majesty's mails, or to carry passengers or freight, which wilfully breaks any contract made by such railway company, knowing or having reason to believe that the probable consequences of 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 an element. section is committed from malice conceived against the person, corporation, authority or company with which the contract is made or otherwise. 55-56 V., c. 29, s. 521.

This and preceding section to be posted up.

Committed from malice.]-Malice is "a term which is truly a legal enigma": Harris Cr. Law, p. 13. The terms "malice" and "malicious" are practically eliminated from the Code owing to the confusion of ideas connected with them. "Malice" only appears in two places; here and in sec. 963 where the expression "mute of malice" is retained. Mr. Hoyles' article on the Criminal Law, 38 C.L.J. 231.

500. 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 Penalty for which makes default in complying with such duty is liable to default. a penalty not exceeding twenty dollars for every day during which such default continues.

3. Every person unlawfully injuring, defacing or covering Defacing up any such copy so posted up is liable on summary convic- same. tion to a penalty not exceeding ten dollars. 55-56 V., c. 29; s. 522.

501. Every one is guilty of an offence punishable, at the Intimidaoption of the accused, on indictment or on summary conviction tion. before two justices and liable on conviction 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 By violence. children, or injures his property; or,

(b) intimidates such other person, or his wife or children, By threats. 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 By folto place; or,

lowing.

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

(e) with one or more other persons, follows such other per- By followson, in a disorderly manner, in or through any street or ing disorderly. road; or,

(f) besets or watches the house or other place where such By watchother person resides or works, or carries on business or hap- ing house. pens to be. 55-56 V., c. 29, s. 523; 4-5 E. VII., c. 9, s. 3.

Intimidates.]-A threat made by workmen to their employer that they will strike if he employs a non-union man is not intimidation. Connor v. Kent, [1891] 2 Q.B. 545.

Besetting house or other place.]-Sub-section (f) is adapted from sec. 7 of the Conspiracy and Protection of Property Act (Imp.), 38-39 Vict., ch. 86. Under that statute it has been held that the words "or other place" include a pier or landing stage. Charnock v. Court, [1899] 2 Ch. 35.

Intimidation to prevent working at any trade.

Penalty.

Using violence to

hinder buying grain, etc.

To prevent conveyance of same.

In Lyons v. Wilkins, [1899] I Ch. 255, the plaintiffs sought by a civil action to restrain the defendants, members of a trades union, from watching and besetting the works of the plaintiffs, and also the works of a third person who worked for the plaintiffs, for the purpose of persuading workpeople, and such third person, to abstain from working for the plaintiffs; and a perpetual injunction was granted restraining the defendants from watching and besetting the plaintiffs' premises for the purpose of persuading, or otherwise preventing, persons working for them, or for any purpose except merely to obtain or communicate information; and also from watching or besetting the premises of the third person for the purpose of persuading or preventing him from working for the plaintiffs, or for any purpose except merely to obtain or communicate information. This judgment was affirmed by the Court of Appeal (Lindley, M.R., and Chitty and Williams, L.JJ.).

No person who is a master, or the father, son or brother of a master in the particular manufacture, trade or business, in or in connection with which any offence under sec. 501 is charged to have been committed, shall act as a magistrate or justice, in any case of complaint or information under that section, or as a member of any court for hearing any appeal in any such case. Code sec. 578.

502. 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 intent to hinder him from working or being employed at such trade, business or manufacture. 55-56 V., c. 29, s. 524.

503. Every one is guilty of an offence punishable on indictment, or on summary conviction before two justices, and liable on conviction 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,

hinders

seamen, etc.,

ing.

(c) by force or threats of violence, or by any form of in- By violence timidation whatsoever, hinders or prevents, or attempts to hinder or prevent any seaman, stevedore, ship carpenter, exercising lawful callship 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 Using vioviolence against, any such person with intent to hinder or prevent him from working at or exercising such trade, hinder. business, calling or occupation or on account of his having worked at or exercised the same. 55-56 V., c. 29, s. 525.

lence with intent to

lands.

504. Every person is guilty of an indictable offence and Intimidation to preliable to a fine not exceeding four hundred dollars, or to two vent bidding years' imprisonment, or to both, who, before or at the time of on public the public sale of any Indian lands, or public lands of Canada, or of any province of Canada, by intimidation, 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. 55-56 V., c. 29, s. 526.

Trading Stamps.

stamps.

505. Every one is guilty of an indictable offence and liable Issuing to one year's imprisonment, and to a fine not exceeding five hun: trading dred dollars, who, by himself or his employee or agent, directly or indirectly, issues, gives, sells or otherwise disposes of, or offers to issue, give, sell or otherwise dispose of trading stamps to a merchant or dealer in goods for use in his business. 4-5 E. VII., c. 9, s. 1.

506. Every one is guilty of an indictable offence and liable Giving to a to six months' imprisonment, and to a fine not exceeding two purchaser. hundred dollars, who, being a merchant or dealer in goods, by' himself or his employee or agent, directly or indirectly, gives or in any way disposes of, or offers to give or in any way dispose of, trading stamps to a purchaser from him of any such goods. 4-5 E. VII., c. 9, s. 1.