2ND EDIT. REVISED STATUTES 1906 REMARKS Every mark, without consent of owner.. (b) being a manufacturer, dealer or trader, 2. The using by any manufacturer, dealer or trader or bottler, other than such other person, of any bottle or siphon for the sale therein of any beverage, or the having by any such manufacturer, dealer, trader or bottler upon any bottle or siphon such trade mark or name of such other person, or the buying, selling or trafficking in any such bottle or siphon without such written con-. sent of such other person, or the fact that any junk dealer has in his possession any bottle or siphon having upon it such a trade mark or name without such written consent, shall be prima facie evidence of trading or trafficking within the meaning of paragraph (b) of this section. Changed as here set forth. A soda water manufacturer who fills, for the purpose of sale, bottles having the name of another manufacturer permanently placed thereon is guilty of an indictable offence under section 449 (now section 490) of the Code, unless the manufacturer whose name appears on the bottles has given a written consent to such 2ND EDIT. REVISED STATUTES 1906 REMARKS filling. It is not essential to the offence that the name on the bottles should be registered as a trade mark. (78) B., a mineral water manufacturer made use of bottles moulded with the name and address of W., another manufacturer, but caused a paper label, bearing his own name and address, to be put upon the bottles. The delivery was accompanied by an invoice, which left no doubt that B. was the vender. The magistrates dismissed the summons on the ground that B. had acted innocently. But the Queen's Bench Division held that an intent to defraud the purchaser was not an ingredient in the offence, and that B. was guilty of using a false trade description. (79) Sec. 450. Sec. 491. Punishments. Every one guilty of an of fence defined in this Part in respect to trade marks or names, or in respect to trade descriptions or false trade descriptions for which no penalty is in this Part otherwise provided, is liable, (a) on conviction on indictment,, to two years' imprisonment, with or without hard labor, or to a fine, or to both, imprisonment and fine; and (b) on summary conviction, to four months' imprisonment, with or without hard labor, or to a fine not exceeding one hundred dollars; and, in case of a second or subsequent conviction, to six months' imprisonment, with or without hard labor, or to a fine 'not exceeding two hundred and fifty dollars. 2. In any case, every chattel, article, instrument or thing, by means of, or in relation to which the offence has been committed shall be forfeited. Changed, as here set forth. Sec. 451. Sec. 492. Falsely representing that goods are manu Sec. 452. Sec. 493. factured for His Majesty. Unchanged. Unlawful importation of goods liable to forfeiture. Unchanged. Defence where accused has acted innocently in ordinary course of business. Unchanged. Sec. 454. Sec. 495. Servant not liable. Unchanged. Sec. 453. Sec. 494. (78) R. v. Irvine, 9 Can. Cr. Cas.. 407; 9 Ont. L. R., 389. (79) Wood v. Burgess, 59 L. J. M. C., 11. 2ND EDIT. REVISED STATUTES 1906 REMARKS OFFENCES CONNECTED WITH TRADE AND BREACHES OF CONTRACT. Sec. 516. Sec. 496. Conspiracy in restraint of trade. Unchanged. Sec. 517. Sec. 497. What acts in restraint are not unlawful. Sec. 518. Sec. 519. Prosecution for trade conspiracy. Unchanged. Omitted here. (80) Meanings of the expressions "trade combination and "act." (81) Sec. 520. Sec. 498. Combinations in restraint of trade. (82) Unchanged. A person who organizes an association to restrict and control the business of retail coal dealing to the members of the association, and to prevent any one else from obtaining it from the foreign shippers at wholesale rates for resale in the district in which the association operates, is properly convicted, under this section, of conspiracy to prevent competition in the sale of a commodity which is the subject of trade. (83) Even if section 1140, post, of the Code, which limits certain proceedings to certain delays after the offence could be held to apply to a prosecution by indictment, it would not apply to bar a prosecution for the above offence, inasmuch as 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. (84) Sec. 499. Criminal breaches of contract. Every one is guilty of an offence punishable, on indictment 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 labor, who (a) wilfully breaks any contract made by him knowing or having reasonable cause to believe that the probable consequence of his so doing either alone or in combination with others will be to endanger human life, or to cause serious bodily injury, or to expose valuable property, whether real or personal, to destruction or serious injury; or (80) Transferred to section 590, post. (81) Transferred to sec. 2, subsection (38), ante. (82) See sec. 581, post, giving right to option for trial without a jury. (83) R. v. Elliott, 9 Ont. L. R., 648. (84) Ib. 2ND EDIT. Sec. "2. Sec. (b) being bound, agreeing or assuming, under any contract made by him with any municipal corporation or authority, or with any company, to supply any city or any other place, or any part thereof with electric light or power, gas or water, wilfully breaks such contract knowing or having reasonable cause to believe that the probable 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 made by him with a railway company, or with His 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. Changed as here set forth. 2. Municipal corporation or company supplying light, power, gas or water, wilfully breaking contract. Unchanged. "3. Railway Company breaking contract. Unchanged. Unchanged. Sec. Sec. 523. Sec. 501. Malice not an element. 2ND EDIT. REVISED STATUTES 1906 REMARKS dollars, or to three months' imprisonment with or without hard labor, 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, etc. (b) intimidates, etc. (c) persistently follows, etc. (d) hides any tools, etc. (e) with one or more other persons, follows, etc. Sec. 524. Sec. 502. Sec. 505. Issuing Trading Stamps. Every one is guilty of an indictable offence and liable to one year's imprisonment, and to a fine not exceeding five hundred 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. Sec. 506. Giving trading stamps to a purchaser. Every one is guilty of an indictable offence and liable to six months' imprisonment, and to a fine not exceeding two 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. Sec. 507. Executive officers of offending company liable. Any executive officer of a corpora |