2ND EDIT. REVISED STATUTES 1906 REMARKS tion or company guilty of an offence under the two last preceding sections who in any way aids or abets in or counsels or procures the commission of such offence, is guilty of an indictable offence and liable to the punishment stated in the said sections respectively. Sec. 508. Receiving Trading Stamps. Every one is guilty of an offence and liable, on summary conviction, to a fine not exceeding twenty dollars, who, being a purchaser of goods from a merchant or dealer in goods, directly or indirectly receives or takes trading stamps from the vendor of such goods or his employee or agent. Added. PART VIII. WILFUL AND FORBIDDEN ACTS IN RESPECT OF CERTAIN PROPERTY. INTERPRETATION. Sec. 481. Sec. 509. "Wilfully" defined. Every one who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this Part to have caused it wilfully. Paragraph 1 of old sec. 481. MISCHIEF. Sec. 499. Sec. 510. Mischiefs causing danger to life, etc. Punishments: (A), Imprisonment for life, (B), Fourteen years' imprisonment, (C), Seven years' imprisonment, (D), Five years' imprisonment, and (E), Two years' imprisonment, according to the object damaged, and the circumstances attending the Meaning unchanged. act. A drainage ditch filled with water is not an "inland water" within the meaning of section 499, sub-section (c), (now section 510 (c) sub-sec. (c), making it an indictable offence to wilfully destroy or damage any inland water or canal. (85) (85) R. v. Braun, 8 Can. Cr. Cas., 397. 2ND EDIT. REVISED STATUTES 1906 ARSON. REMARKS Sec. 482. Sec. 511. Punishment of Arson or setting fire to cer tain buildings, etc. Sec. 483. Sec. 512. Attempt to commit arson. SETTING OTHER FIRES. Meaning unchanged. Unchanged. Sec. 484. Sec. 513. Setting fire to crops, etc. Unchanged. Unchanged. Sec. 186. Sec. 515. Recklessly setting fire to any forest, etc. Sec. 487. Sec. 516. Threats to burn. Unchanged. Placing or throwing explosives with intent to damage or destroy anything. Made into sec. 112, ante. RAILWAYS, MINES AND ELECTRIC PLANT. Sec. 489. Sec. 517. Injuries affecting railways and likely to enUnchanged. danger property. Sec. 490. Sec. 518. Obstructing the construction or use of any Unchanged. railway. Sec. 491. Sec. 519. Destroying or damaging goods in custody of a railway, etc. Sec. 498. Sec. 520. Mischief to mines, etc. Unchanged. Unchanged. Damaging any electric telegraph, telephone, or fire-alarm, Sec. 524. Preventing the saving of wrecked vessels, or wreck. Sec. 497. Sec. 525. Injuries to dams, piers, rafts, etc. PUBLIC PROPERTY. Sec. 495. Sec. 526. Interfering with marine signals, buoys, etc. Unchanged. Sec. 507a. Sec. 527. Removing harbor bars. BUILDINGS, FENCES AND LAND MARKS. Sec. 504. Sec. 529. Injuries to buildings, etc., by tenants or Unchanged. mortgagors. 2ND EDIT. REVISED STATUTES 1906 REMARKS Unchanged. Sec. 507. Sec. 530. Injuries to fences, etc. Sec. 505. Sec. 531. Injuring or removing marks indicating the boundaries of any province, county, etc. Unchanged. Sec. 506. Sec. 532. Injuring or removing other boundary marks. Unchanged. TREES, VEGETABLES, ROOTS AND PLANTS. Sec. 508. Sec. 533. Injuries to trees, etc., wheresoever growing. Unchanged. Sec. 509. Sec. 534. Injuries to vegetable productions in garUnchanged. dens. Sec. 510. Sec. 535, Injuries to cultivated roots or plants not growing in a garden, etc. CATTLE OR OTHER ANIMALS. Unchanged. Sec. 500. Sec. 536. Attempting to kill or injure or poison cattle. Unchanged. Sec. 501. Sec. 537. Injuries to other animals. Sec. 511. CASES NOT SPECIALLY PROVIDED FOR. Unchanged. Sec. 539. Every one who wilfully commits any damage, injury or spoil to or upon any real or personal property, either corporeal or incorporeal and either of public or private nature, for which no punishment is hereinbefore provided, is guilty of an offence and liable, on summary conviction, to a penalty not exceeding twenty dollars, and such further sum, not exceeding twenty dollars, as appears to the justice to be a reasonable compensation for the damage, injury or spoil so committed, to be paid in the case of private property, to the person aggrieved. 2. If such sums of money, together with the costs, if ordered, are not paid either imimmediately after the conviction, or within such period as the justice, at the time of the conviction appoints, the justice may cause the offender to be imprisoned for any term not exceeding two months, with or without hard labour. (86) 2ND EDIT. REVISED STATUTES 1906 REMARKS A summary conviction under this section for wilful injury to property should specify the act done and the nature of the property injured, or it will be void for uncertainty. (87) LIMITATION. Sec. 511. Sec. 540. Fair claim of Right. -And Sporting. Nothing in the last preceding section extends to, (a) any case where the person acted under a fair and reasonable supposition that he had a right to do the act complained of; or (b) any trespass, not being wilful and malicious, committed in hunting or fish ing, or in the pursuit of game. (86) Sec. 481. Sec. 541. Color of right. - Partial interest. Nothing shall be an offence under any of the foregoing provisions of this Part, unless it ls. done without legal justification or excuse, and without color of right. 2 Where the offence consists in an injury to anything in which the offender has an interest, the existence of such intterest, if partial, shall not prevent his act being an offence, and if total, shall not prevent his act being an offence, if done with intent to defraud. Paragraphs 2 and 3 of old sec. 481. The "color of right" on the part of the defendant, which, under this section, removes the criminal character of an act of damage to property,, means an honest belief in a state of facts, which, if it actually existed, would constitute a legal justification or excuse. Proof of such "color of right" in respect of the destruction of a fence complained of under Part XXXVII of the old Code, (now Part VIII of the new Act) ousts the jurisdiction of the magistrate to summarily try the charge. (88) Upon an information against a game-keeper, under section 41 of the Imperial Malicious Damage Act 1861, for unlawfully and maliciously killing a dog, it was held to be a defence to show that the defendant did the act in the bona fide belief that it was necessary for the protection of his master's property, and that noth (86) The old sec. 511 is made into the two new sections 539 and 540. (87) R. v. Leary, 8 Can. Cr. Cas., 141. (88) R. v. Johnson, 8 Can. Cr. Cas., 123; 7 Ont. L. R.. 525. 2ND EDIT. REVISED STATUTES 1906 REMARKS ing else could have been done which would effectually have protected it. (89) CRUELTY TO ANIMALS. Sec. 512. Sec. 542. Ill-treating or ill-using any cattle, etc., or fighting any bull, dog, etc. Unchanged. Unchanged. Sec. 513. Sec. 543. Keeping Cockpit. Sec. 514. Sec. 544. Conveyance by railways, etc., of cattle without proper rest and nourishment. Unchanged. Sec. 515. Sec. 545. Search of premises. Obstructing Officer. PART IX. Unchanged. OFFENCES RELATING TO BANK NOTES, COIN AND COUNTERFEIT MONEY. Interpretation. Sec. 460. Sec. 546. Definitions. Meanings of 6 (a) current gold or silver coin.' (b) current copper coin.' Unchanged. Omitted here. (90) counterfeit' means false, not genuine. (91) (a) 6 copper coin.' (c) Omitted here. (92) Omitted here. (92) Unchanged. '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. (93) Sec. 460. Sec. 547. A genuine coin altered, etc. Any genuine coin prepared or altered so as to resemble or pass for any current coin of a higher denomination is a counterfeit coin. (89) Miles v. Hutchings, 72 L. J., K. B., 775; [1903], 2 K. B., 714. (90) Transferred to sec. 2, subsec. (8), ante. (91) Taken from par. 1 of sec. 460 (d) of the old Act. (92) Made into sec. 547, post. (93) Taken from the first half of the old sec. 479. |