Preamble. 35 V., c. 31. Sect 1 of the said Act repealed. CHAP. 39. An Act to amend the provisions of "An Act to amend the Criminal Law relating to Violence, Threats and Molestation." [Assented to 8th April, 1875.] WHEREAS it is expedient to amend the provisions of the Act of the thirty-fifth year of Her Majesty's reign, chapter thirty-one, intituled "An Act to amend the Criminal Law relating to violence, threats and molestation:" Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :-- 1. The first section of the Act of the thirty-fifth year of Her Majesty's reign, chapter thirty-one, intituled "An Act to amend the Criminal Law relating to violence, threats and molestation," is hereby repealed, and instead thereof it is enacted as follows, that is to say :- "Every person who does any of the following Acts with the view as hereinafter mentioned, that is to say, who-- of "1. Uses violence to any other person, or to the property any other person; or "2. Threatens or intimidates any other person in such manner as would justify a Justice of the Peace (on complaint made to such Justice] in binding over to keep the peace the person so threatening or intimidating; or "3. Molests or obstructs any other person "a. By persistently following him about from place to place; or "b. By following him in or through any street or road, with two or more persons, in a disorderly manner; or "c. By hiding or depriving him of, or hindering him in the use of any tools, clothes or property, owned or used by him With a view, in the case of any such Act as aforesaid, thereby to coerce such other person,— "(1.) Being a master, to dismiss or to cease to employ any workman, or being a workman to quit any employment, or to return work before it is finished; or “(2.) (2.) Being master, not to offer, or being a workman, not to accept, any employment or work; or (3.) Being a master or workman, to belong or not to belong to any temporary or permanent association or combination; or- "(4.) Being a master or workman, to pay any fine or penalty imposed by any temporary or permanent association or combination; or “(5.) Being a master, to alter the mode of carrying on his business, or the number or description of any persons employed by him, with a view to coerce such master or other person,- "Shall be liable to imprisonment, for a term not exceeding Punishable three months" by imprisonment for three months. prosecution 2. A prosecution shall not be maintainable against a per- In what son for conspiracy to do any act, or to cause any act to be done cases only for the purposes of a trade combination, unless such act is an shall be mainoffence indictable by Statute or is punishable under the pro- tainable for visions of this Act; nor shall any person, who is convicted bination; upon any such prosecution, be liable to any greater punish- Punishment ment than is provided by such Statute or by this Act for the of which he may have been convicted as aforesaid. trade com limited. "Trade com 3. For the purposes of this Act, "trade combination" means any combination between masters or workmen or tion of other persons, for regulating or altering the relations bination." between any persons being masters or workmen, or the conduct of any master or workman in or in respect of his business or employment, or contract of employment or service; and the word "act" includes a default, breach or omission. 4. The Act hereby amended shall be construed as if the Amended Act. provisions of this Act were substituted for the first section how to be of the said Act. construed. CHAP. CHAP. 40. Preamble. Sec. 111 of 32, An Act to amend the Act intituled "An Act respecting [Assented to 8th April, 1875.] ER Majesty, by and with the advice and consent of the the Senate and House of Commons of Canada, enacts as follows: 1. Section one hundred and eleven of the Act passed in 33 V., c. 21, the Session held in the thirty-second and thirty-third years repealed. Another sub- of Her Majesty's reign, and intituled "An Act respecting Larceny and other similar offences," is hereby repealed, and the following substituted to be read in lieu thereof: stituted. Appropriating timber, &c., found adrift, or defacing marks, &c., or refusing delivery to owner, a misdemeanor. 16 66 "111. Whosoever, without the consent of the owner "thereof, takes, holds or keeps in his possession, or collects "or conceals, or receives, or appropriates, or purchases, or sells or causes or procures or assists to be taken possession of, or collected, or concealed, or received, or appropriated, "or purchased, or sold any timber, mast, spar, saw-logs or "other description of lumber which is found adrift in any river, stream or lake, or cast ashore on the bank or beach "of any river, stream or lake; or whosoever, without the "consent of the owner thereof wholly or partially defaces or "adds or causes or procures to be defaced or added, any "mark or number on any such timber, mast, spar, saw-log or "other description of lumber, or whosoever makes or causes "or procures to be made any false or counterfeit mark on any such timber, mast, spar, saw-log or other description "of lumber, or whosoever refuses to deliver up to the proper "owner thereof, or to the person in charge thereof on behalf of such owner, or authorized by such owner to receive the same, any such lumber, mast, spar, saw-log, or other " description of lumber, is guilty of a misdemeanor, punish"able in like manner as simple larceny; and in any pro"secution, proceeding or trial for any offence under this "section a timber-mark, duly registered under the provisions "of the Act past in the thirty-third year of Her Majesty's 'reign, intituled An Act respecting the marking of timber,' on any timber, mast, spar, saw-log, or other description of "lumber, shall be prima facie evidence that the same is the trial of offence property of the registered owner or owners of such timber mark; and possession by any such offender, or by others in "his employ, or on his behalf, of any such timber, mast, spar, saw-log, or other description of lumber so marked, "shall in all cases throw upon the person charged with "any such offence the burden of proving that such timber. 'mast, spar, saw-log or other description of lumber, came How punishable. 33 V., c. 36. Evidence on against this section. 66 แ "lawfully 1875. Larceny of timber found adrift, &c., &c. Chaps 40, 41. "lawfully into his possession, or the possession of such "others in his employ or on his behalf as aforesaid.” timber un (2.) "If any constable or peace officer has reasonable Search for "cause to suspect that any timber, mast, spar, saw-log or lawfully "other description of lumber, belonging to any lumberman detained. "or owner of lumber, and bearing the registered trademark "of such lumberman or owner of lumber, is kept or detained "in any saw-mill, mill yard, boom or raft without the "knowledge or consent of the owner,-it shall be lawful for "such constable or peace officer to enter into or upon the same, and search or examine, for the purpose of ascertain"ing whether such timber, mast, spar, saw-log or other description of lumber is detained therein without such "knowledge and consent." 66 แ 9 CHAP. 41. An Act for suppressing Gaming Houses, and to punish the keepers thereof. [Assented to 8th April, 1875.] HER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: authorize break open houses, and neys, &c., and 1. If the Chief Constable, Deputy Chief Constable, or other Police magisofficer authorized to act in his absence, of any city or town report in trate, &c., on shall report in writing to any of the Commissioners of Police writing, may or Mayor of such city or town, or to the Police Magistrate of constables to any town, that there are good grounds for believing, and enter or that he does believe, that any house, room or place within doors of comthe said city is kept or used as a common gaming house, it mon gaming shall be lawful for the said commissioners or commissioner, nozes and or Mayor, or the said Police Magistrate, by order in writing, struments of to authorize the said Chief Constable, Deputy Chief Con- gaming, mostable or other officer as aforesaid, to enter any such house, take into cusroom or place with such constables as may be deemed requi- tody all persite by the said Chief Constable, Deputy Chief Constable or therein. other officer as aforesaid, and, if necessary, to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and to take into custody all persons who shall be found therein, and to seize all tables and instruments of gaming found in such house or premises, and also to seize all moneys and securities for money found therein. sons found Constables may search for instru ments of gaming. What shall be deemed gaming. 2. It shall be lawful for the Chief Constable, Deputy Chief Constable or other officer as aforesaid, making such entry as aforesaid, in obedience to any such order as aforesaid, with the assistance of any constable or constables accompanying him, to search all parts of the house, room or plac which he shall have so entered, where he shall suspect that tables or instruments of gaming are concealed, and all persons whom he shall find therein, and to seize all tables and instruments of gaming which he shall so find. 3 When any cards, dice, balls, counters, tables or other evidence of instruments of gaming used in playing any unlawful game. shall be found in any house, room or place suspected to be used as a common gaming house, and entered under a warrant or order issued under this Act, or about the person of any of those who are found therein, it shall be evidence until the contrary be made to appear, that such house, room or place is used as a common gaming house, and that the persons found in the room or place where such tables or instruments of gaming have been found were playing therein, although no play was actually going on in the presence of the Chief Constable, Deputy Chief Constable or other officer as aforesaid, entering the same under a warrant or order issued under this Act, or in the presence of those Instruments persons by whom he is accompanied as aforesaid; and it shall be lawful for the Police Magistrate or other justice before whom any person is taken by virtue of such order or warrant as aforesaid, to direct all such tables and instruments of gaming to be forthwith destroyed. of gaming may be destroyed. Penalty on persons ob stables, &c., enter any house sus pected to be a common gaminghouse. 4. Any person who wilfully prevents any constable or structing the other officer authorized under either of the preceding sections eatry of con- of this Act to enter any house, room or place, from entering authorized to the same, or any part thereof, or who obstructs or delays any such constable or officer in so entering, and any person who, by any bolt, chain or other contrivance secures any external or internal door of, or means of access to, any house, room or place so authorized to be entered, or uses any means or contrivance whatsoever for the purpose of preventing, obstructing or delaying the entry of any constable or officer authorized as aforesaid, into any such house, room or place, or any part thereof, shall, for every such offence, on a summary conviction before the Police Magistrate, or Mayor, or other Justice of the Peace before whom he or they may be brought, be adjudged to pay any penalty not exceeding one hundred dollars, with such costs attending the conviction as to the said Police Magistrate or Mayor or Justice of the Peace appear reasonable, and on non-payment (or, in the first instance, if it seem fit to the said Police Magistrate or Justice of the l'eace), may be committed with or without hard labour for a period not exceeding six months. |