2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 353. Sec. 396. Destroying documents of title. Unchanged. Sec. 354. Sec. 397. Concealing anything capable of being sto Sec. 355. len. Unchanged. Unchanged. RECEIVING STOLEN GOODS. Sec. 314. Sec. 399. Receiving property obtained by any indictable offence. Unchanged. Sec. 315. Sec. 400. Receiving stolen property.. Unchanged. Sec. 316. Sec. 401. Receiving property obtained by offence punishable summarily. Unchanged. Sec. 317. Sec. 402. When receiving is complete. Unchanged. Sec. 318. Sec. 403. Receiving after restoration to owner. FALSE PRETENCES. Unchanged. Unchanged. Sec. 358. Sec. 404. Definition. The giving of a post-dated cheque implies no more than a promise to have sufficient funds in the bank on the date thereof, and is not, in itself, a false representation of a fact past or present. (38) False representations amounting to mere promises or professions of intention, though they induce the defrauded part to part with the possession of his goods, are not false pretences under this section, as they are not representations of a matter of fact either present or past and where a person is induced, by a false representation, to part with the possession of goods but does not part with his right of property therein (ex. gr. in a contract of hire of a chattel), there can be no conviction for obtaining the goods under false pretences. (39) Sec. 359. Sec. 405. Punishment for obtaining by false pretence. Unchanged. Sec. 360. Sec. 406. Obtaining execution of valuable security by Unchanged. Sec. 361. Sec. 407. Falsely pretending to enclose money, etc., false pretence. in letter. PERSONATION. Unchanged. Sec. 456. Sec. 408. Personation with intent to obtain property. (38) R. v. Richard, 11 Can. Cr. Cas., 279. (39) R. v. Nowe, 8 Can. Cr. Cas., 441: 36 N. S. R., 531. Unchanged. 2ND EDIT. REVISED STATUTES 1906 REMARKS Unchanged. Sec. 457. Sec. 409. Personation at examinations. Unchanged. Sec. 459. Sec. 411. Acknowledging any instrument in a false name. Unchanged. THE DOMINION ELECTIONS ACT. The Dominion Elections Act, 1900, (63-64 Vic., c. 12), certain sections of which are set out at pages 519-524 of the Author's second Edition of the Criminal Code, is repealed, and the Dominion Elections Act, now in force, is chapter 6 of the Revised Statutes, 1906, the principal provisions of which, with reference to the forgery, etc., of ballot papers, and with reference to personation and other offences at elections, are the following: Forgery of ballot papers and ballot box frauds, etc. Sec. 255 enacts that "Every one who (a) forges, counterfeits, fraudulently alters, defaces or fraudulently destroys a ballot paper, or the initials of the deputy returning officer signed thereto, or (b) without authority supplies a ballot paper to any person, or— (c) fraudulently puts into a ballot box a paper other than the ballot paper which he is authorized by law to put in, or (d) fraudulently takes a ballot paper out of the polling station, or (e) without due authority destroys, takes, opens, or otherwinse interferes with a ballot box or book or packet of ballot papers then in use for the purpose of the election, or (a) forges, counterfeits, fraudulently alters, defaces or fraudstamping of ballots papers, or uses any such stamp for any purpose other than the stamping of ballot papers, or not being a returning officer, has in his possession any such stamp or any counterfeit or imitation thereof, or — (g) being a deputy returning officer, fraudulently puts, otherwise than as authorized by this Act, his initials on the back of any paper purporting to be or capable of being used as a ballot paper at an election, or — (h) with fraudulent intent, prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election, or (i) being authorized by the returning officer to print the ballot papers for an election, with fraudulent intent prints more ballot papers than he is authorized to print, or (j) attempts to commit any offence specified in this section, is guilty of an indictable offence, and shall be liable, if he 2ND EDIT. REVISED STATUTES 1906 REMARKS is a returning officer, deputy returning officer or other officer engaged in the election, to a fine not exceeding one thousand dollars and not less than three hundred dollars, or to imprisonment for a term not exceeding five years and not less than one year, with or without hard labor, in default of paying such fine, and, if he is any other person, to a fine not less than one hundred dollars and not exceeding five hundred dollars, or to imprisonment for any term not exceeding two years and not less than six months, with or without hard labor, in default of paying fine." Secrecy of Voting. Section 258 contains special provisions for ensuring the secrecy of voting and for the punishment of any interference therewith. No flags nor party badges to be used at elections. Section 260 makes it an offence (punishable, on indictment or summarily by . fine not exceeding $100 or imprisonment not exceeding three months, or both, in the discretion of the Court), for any person to furnish any party flag, etc., or any ribbon or badge, with intent that the same shall be carried, or worn or used, on or for eight days prior to an election day, for distinguishing the bearers or wearers thereof as supporters of any candidate, or for any person, during such period, to carry, or wear or use any such party flag, etc., or any such ribbon or badge. Bribery. Bribery is defined by section 265, and is thereby made indictable and punishable by imprisonment for a term not exceeding six months; and a person guilty thereof is, moreover, rendered liable to forfeit $200 and costs to any one who sues therefor. See sections 266, et seq., as to other corrupt practices, etc., at elections. Personation at Elections. Section 272 enacts that "Every person is guilty of personation and liable to a penalty not exceeding two hundred dollars and not less than fifty dollars, and to imprisonment for a term not exceeding two years and not less than three months, who, at an election, (a) applies for a ballot paper in the name of some other person, whether such name is that of a person living or dead, or of a fictitious person; or (b) having voted once at any such election, applies, at the same election, for a ballot paper in his own name." And, by section 273, it is enacted that "Every person who aids, abets, counsels or procures the commission by any person of the offence of personation shall be liable to a penalty not exceeding two hundred dollars and not less than one hundred dollars, and to imprisonment for a term of two years and not less than three months." 2ND EDIT. REVISED STATUTES 1906 REMARKS See, also, sections 274 and 275 of the Act as to other offences of the same nature. By expressly enacting that every person, who, at an election, applies for a ballot paper in the name of some other person, is guilty of personation, section 272 of our Dominion Elections Act follows the view taken by Judge Blackburn in the English case of R. v. Hague, cited at p. 523 of the Author's second edition of the Criminal Code. (40) Procedure. By section 284 of the Act, it is provided that, (except in cases of indictable offences and offences made punishable on summary conviction), all penalties and forfeitures imposed by the Act shall be recoverable or enforceable with full costs of suit by any person who sues therefor by action of debt or information, in any Court of competent jurisdiction in the province in which the cause of action arises, and that, in default of payment of the amount which the offender is condemned to pay within the period fixed by the Court, the offender shall be imprisoned for any term less than two years, unless such penalty and costs are sooner paid; but, by section 285, it is provided that no action or information for the recovery of any such penalty or forfeiture shall be commenced unless the person suing therefor has given security to the amount of $50 for the defendants costs of defence. Section 301 of the Act provides that the provisions of Part XVI of the Criminal Code shall apply to all proceedings under the Act against any person or persons accused of personation. By section 306 of the Act, it is enacted that no indictment for corrupt practices shall be tried before any Court of Quarter Sessions or General Sessions; and section 583 (j), post, of the new Criminal Code provides that no Court of general or quarter sessions has power to try any indictment for bribery or undue influence, personation or other corrupt practice under the Dominion Elections Act. Section 307 of the Dominion Elections Act provides that every prosecution for an indictable offence under the Act, and every action, suit or proceeding for any pecuniary penalty given by the Act to the person suing therefor shall be commenced within one year next after the act committed and not afterwards (unless the prosecution is prevented by the withdrawal or absconding of the defendant out of the jurisdiction of the Court), and, when commenced, shall be proceeded with and carried on without wilful delay. (40) R. v. Hague, 9 Cox C. C., 412. 2ND EDIT. REVISED STATUTES 1906 REMARKS CRIMINAL CODE (resumed). FRAUD AND FRAUDULENT DEALING WITH PROPERTY. Sec. 362. Sec. 412. Obtaining passage by false ticket. Unchanged. Sec. 364. Sec. 413. Official destroying or falsifying book or Sec. 365. Unchanged. Sec. 414. False prospectus statement, etc., by promo valuable security. ters, directors, etc. Sec. 366. Sec. 415. Officer or clerk destroying or falsifying book or valuable security, or making or concurring in making any false entry in any book, etc. Unchanged, in meaning. In an English case taken under the Imperial Falsification of Accounts Act, 1875, section 1, the accused was employed in Paris to receive money on account of his employers in London. It was his duty to pay money so received into a bank, to enter on slips an account of all such sums, and to send those slips to London. A cash account book was kept in London into which those slips were entered by one of the prisoner's employees. The accused received various sums of money which he kept, and intentionally omitted from the slips sent to London, knowing that entries omitted on the slips would likewise be omitted from the cash account book kept in London as, in fact, they were. Held, (Kennedy J. and Channell J. doubting), that the accused was properly convicted, of omitting and concurring in omitting the entries in the cash account book in London, and that, as the offence was completed in London, where the slips were received, the English Court in London had jurisdiction to try the case. (41) Sec. 367. Sec. 416. False statement or return by public officer. Unchanged. THE BANK ACT. The provisions of the new Bank Act, (R. S., 1906, c. 29), relating to returns and statements to be made by Banks, are sections 112, 113, 114, 147, 148, 149, 150, 151, 153, 154, 155, 156 and 157; which sections are to the following effect: Monthly Returns and Penalty for not making same. "Monthly Returns shall be made by the bank to the Minister, (42), in the form set forth in schedule D of this Act. (41) R. v. Oliphant. 74 L. J., K. B.. 591; [1905] 2 K. B., 67. (42) Minister' means, according to the Interpretation section of the Bank Act, the Minister of Finance and Receiver General. (See sec. 2, of the Bank Act). |