Keeping cock-pit. Confiscation. Conveyance of cattle without proper rest and nourishment by railways, etc. Reckoning period. Saving. wise it may be quashed. Canadian Society, etc. v. Lauzon (1899), 4 Can. Cr. Cas. 354 (Que.). Limitation of time.]-The prosecution must take place within three months from the commission of the offence. Section 1140. 543. Every one is guilty of an offence and liable, on summary conviction before two justices, to a penalty not exceeding fifty dollars, or to three months' imprisonment, with or without hard labour, or to both, who builds, makes, maintains or keeps a cock-pit on premises belonging to or occupied by him, or allows a cock-pit to be built, made, maintained or kept on premises belonging to or occupied by him. 2. All cocks found in any such cock-pit, or on the premises wherein such cock-pit is, shall be confiscated and sold for the benefit of the municipality in which such cock-pit is situated. 55-56 V., c. 29, s. 513. Share of fine to informant.]—See sec. 1043. Limitation of time.]-The prosecution must be commenced within three months from the commission of the offence. Section 1140. 544. No railway company within Canada whose railway forms any part of a line of road over which cattle are conveyed from one province to another province, or from the United States to or through any province, or from any part of a province to another part of the same, and no owner or master of any vessel carrying or transporting cattle from one province to another province, or within any province, or from the United States to or through any province, shall confine the same in any car, or vessel of any description, for a longer period than twenty-eight hours without unlading the same for rest, water and feeding for a period of at least five consecutive hours, unless prevented from so unlading and furnishing water and food by storm or other unavoidable cause, or by necessary delay or detention in the crossing of trains. 2. In reckoning the period of confinement, the time during which the cattle have been confined without such rest, and without the furnishing of food and water, on any connecting railway or vessels from which they are received, whether in the United States or in Canada, shall be included. 3. The foregoing provisions as to cattle being unladen shall not apply when cattle are carried in any car or vessel in which they have proper space and opportunity for rest, and proper food and water. 4. Cattle so unloaded shall be properly fed and watered dur- Care ing such rest by the owner or person having the custody thereof' necessary. or, in case of his default in so doing, by the railway company, or owner or master of the vessel transporting the same, at the expense of the owner or person in custody thereof; and such' company, owner or master shall in such case have a lien upon Lien for such cattle for food, care and custody furnished and shall not food. be liable for any detention of such cattle. 1 5. Where cattle are unladen from cars for the purpose of Sanitary receiving food, water and rest, the railway company then having precautions. charge of the cars in which they have been transported shall, except during a period of frost, clear the floors of such cars, and litter the same properly with clean sawdust or sand before reloading them with live stock. 6. Every railway company, or owner or master of a vessel, Penalty. having cattle in transit, or the owner or person having the custody of such cattle, as aforesaid, who knowingly and wilfully fails to comply with the foregoing provisions of this section, is liable for every such failure on summary conviction to a penalty not exceeding one hundred dollars. 55-56 V., c. 29, s. 514. Limitation of time.]—By sec. 1140 it is provided that no prosecution for this offence, or action for penalties or forfeiture shall be commenced after the expiration of three months from the commission of the offence. 545. Any peace officer or constable may, at all times enter Search of any premises where he has reasonable grounds for supposing premises. that any car, truck or vehicle as to which any company or person has failed to comply with the provisions of the last preceding section, is to be found, or enter on board any vessel in respect whereof he has reasonable grounds for supposing that any company or person has, on any occasion, so failed. 2. Every one who refuses admission to such peace officer or Obstructing constable is guilty of an offence and liable, on summary con- officer. viction, to a penalty not exceeding twenty dollars and not less than five dollars, and costs, and in default of payment, to thirty days' imprisonment. 55-56 V., c. 29, s. 515. Time.]-A prosecution against a railway company for refusing to admit the peace officer to the car must be commenced within three months from the commission of the offence. Sec. 1140. PART IX. OFFENCES RELATING TO BANK NOTES, COIN AND COUNTERFEIT MONEY. Definitions. 'Current gold or silver coin.' 'Current copper coin.' 'Counterfeit.' 'Utter.' 'Counterfeit token of value.' Interpretation. 546. In this Part, unless the context otherwise requires,- (c) 'counterfeit' means false, not genuine; (d) 'gild' and 'silver' applied to coin, include casing with gold or silver respectively, and washing and colouring by any means whatsoever with any wash or materials capable of producing the appearance of gold or silver respectively; (e) 'utter' includes 'tender' and 'put off'; (f) 'counterfeit token of value' means any spurious or counterfeit coin, paper money, inland revenue stamp, postage stamp, or other evidence of value, by whatever technical, trivial or deceptive designation the same may be described, and includes also any coin or paper money, which although genuine has no value as money. 55-56 V., c. 29, s. 460; 63-64 V., c. 46, s. 3. Counterfeit.]-When upon the trial of any person it becomes necessary to prove that any coin produced in evidence against such person is false or counterfeit it shall not be necessary to prove the same to be false and counterfeit by the evidence of any moneyer or other officer of His Majesty's mint, or other person employed in producing the lawful coin in His Majesty's dominions or elsewhere, whether the coin counterfeited is current coin, or the coin of any foreign prince, state or country, not current in Canada, but it shall be sufficient to prove the same to be false or counterfeited by the evidence of any witness. Section 980. A coin made by splitting two genuine coins and joining the heads together so as to make a double-headed coin has been held in Australia to be a counterfeit. R. v. McMahon (1894), 15 N.S.W. Law Rep. 131. A genuine sovereign which had been fraudulently filed at the edges to such an extent as to reduce the weight by one twenty-fourth part, and to remove the milling entirely or almost entirely, and to which a new milling has been added in order to restore the appearance of the coin, was held to be a false and counterfeit coin. R. v. Hermann (1879), L.R. 4 Q.B.D. 284. It is sufficient to prove such general resemblance to the lawful coin as will shew an intention that the counterfeit shall pass for it. Section 955. Variance from true coin.]-Upon the trial of any person accused of any offence respecting the currency or coin or against the provisions of this Part (IX.), no difference in the date or year, or in any legend marked upon the lawful coin described in the indictment, and the date or year or legend marked upon the false coin counterfeited to resemble or pass for such lawful coin, or upon any die, plate, press, tool or instrument used, constructed, devised, adapted or designed for the purpose of counterfeiting or imitating any such lawful coin shall be considered a just or lawful cause or reason for acquitting any such person of such offence. Sec. 955. 547. Any genuine coin prepared or altered so as to resemble Counterfeit or pass for any current coin of a higher denomination is a raising of de counterfeit coin. nomination. size. 2. A coin fraudulently filed or cut at the edges so as to Counterfeit remove the milling, and on which a new milling has been added reducing of to restore the appearance of the coin, is a counterfeit coin. 55-56 V., c. 29, s. 460. Certain offences-When complete. intended 548. Every offence of making any counterfeit coin, or of Complete buying, selling, receiving, paying, tendering, uttering or put- although ting off, or of offering to buy, sell, receive, pay, utter or put counterfeitoff, any counterfeit coin is deemed to be complete, although the ing not coin so made or counterfeited, or bought, sold, received, paid, perfected. tendered, uttered or put off, or offered to be bought, sold, received, paid, tendered, uttered or put off, was not in a fit state to be uttered, or the counterfeiting thereof was not finished or perfected. 55-56 V., c. 29, s. 461. valueless. 549. In the case of coin or paper money which, although Coin, etc., genuine, has no value as money, it is necessary in order to genuine but constitute an offence under this Part that there should be knowledge on the part of the person charged that such coin or Must be knowledge paper money was of no value as money, and a fraudulent intent and frauduon his part in his dealings with or with respect to the same. lent intent. 63-64 V., c. 46, s. 3. Purchasing, receiving or possessing forged bank notes. Printing circulars, etc., in likeness of notes. Bank Notes. 550. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who, without lawful authority or excuse, the proof whereof shall lie on him, purchases or receives from any person, or has in his custody or possession, any forged bank note, or forged blank bank note, whether complete or not, knowing it to be forged. 55-56 V., c. 29, s. 430. Printing imitations of bank or government notes.]-See sec. 551. Has in his custody or possession.]—See Code sec. 5. 551. Every one is guilty of an offence and liable, on summary conviction before two justices, to a fine of one hundred dollars or three months' imprisonment, or both, who designs, engraves, prints or in any manner makes, executes, utters, issues, distributes, circulates or uses any business or professional card, notice, placard, circular, hand-bill or advertisement in the likeness or similitude of any bank note, or any obligation or security of any government or any bank. 55-56 V., c. 29, s. 442. Coin. Penalty. Making counterfeit gold or silver coin. Changing into counterfeit. Gilding to resemble coin. Gilding silver coin. Gilding or silvering copper coin. 552. Every one is guilty of an indictable offence and liable to imprisonment for life who, (a) makes or begins to make any counterfeit coin resembling, or apparently intended to resemble or pass for, any current gold or silver coin; or, (b) gilds or silvers any coin resembling or apparently intended to resemble or pass for, any current gold or silver coin; or, (c) gilds or silvers any piece of silver or copper, or of coarse gold or coarse silver, or of any metal or mixture of metals respectively, being of a fit size and figure to be coined, and with intent that the same shall be coined into counterfeit coin resembling, or apparently intended to resemble or pass for, any current gold or silver coin; or, (d) gilds any current silver coin, or files or in any manner alters such coin, with intent to make the same resemble or pass for any current gold coin; or, (e) gilds or silvers any current copper coin, or files or in any manner alters such coin, with intent to make the same resemble or pass for any current gold or silver coin. 55-56 V., c. 29, s. 462. |