3. Every one who has had possession thereof, who does not satisfy such justices that he came lawfully by the same, is liable, on summary conviction, of having had possession thereof, to a fine of twenty-five dollars, and in default of payment to three months' imprisonment with or without hard labour. Origin]-Sec. 388, Code of 1892; 50-51 Vict., Can., ch. 45, sec. 9. "Public stores "]-See definition in sec. 2, sub-secs. (28) and (34). Search for public stores by peace officer]-See sec. 636. Evidence of enlistment]-See sec. 991. First offence on summary conviction]-See sec. 729. Fraud, etc, in connection with sale, etc., of military stores. 436A. Every person is guilty of an indictable offence and liable to imprisonment for two years, or to a fine not exceeding five thousand dollars, or to both imprisonment and fine, who knowingly sells or delivers, or causes to be sold or delivered, to His Majesty or to any officer or servant of His Majesty, any defective military, militia or naval stores of any kind or description, whether such stores are for His Majesty in the right of His Government of Canada, or in the right of any other of His Majesty's dominions, or who in any way commits any act of dishonesty, fraud, or deception upon His Majesty or any of His Majesty's officers or servants in connection with the sale or lease or purchase or delivery or manufacture of such military, militia or naval stores. 2. If any offence referred to in this section is committed by a body corporate, every director, officer, agent and employee of such body corporate who has knowingly taken any part or share in such fraud, dishonesty or deception, or who knows or had reason to suspect that such fraud, dishonesty or deception would be or was being committed, or knows or had reason to suspect that such fraud, dishonesty or deception has been committed, and does not at once inform His Majesty thereof, shall be liable as well as the body corporate to the penalties imposed by this section in all respects as if such offence was committed by said director or other person, and every such body corporate, director or other person convicted of such offence shall be thereafter incapable of contracting with His Majesty or with any of His Majesty's officers or servants or of holding any contract or office with, from or under Him or them, or of receiving any benefit under any contract so made. Origin]-Canada Statutes, 1915, 5 Geo. V, ch. 12. Officer or servant of His Majesty]-As to evidence of enlistment or enrolment, see sec. 991. "Stores "]-See definition in sec. 2 (34), taken from sec. 383 of the Code of 1892. Details of false pretence or fraud not essential to indictment]—See secs. 863 and 864; also secs. 853, 855, 859, 860, as to stating the offence and the ordering of particulars. Second offences]-See sec. 465, 757, 963, 964, 982. Searching for stores near His Majesty's vessels, wharfs or docks. 437. Every one who, without permission in writing from the Admiralty, or from some person authorized by the Admiralty in that behalf, creeps, sweeps, dredges, or otherwise searches for stores in the sea, or any tidal or inland water, within one hundred yards from any vessel belonging to His Majesty or in His Majesty's service, or from any mooring place or anchoring place appropriated to such vessels, or from any mooring belonging to His Majesty, or from any of His Majesty's wharfs or docks, or victualling or steam factory yards, is guilty of an offence and liable, on summary conviction before two justices, to a fine of twenty-five dollars, or to three months' imprisonment, with or without hard labour. Origin]-Sec. 389, Code of 1892; 50-51 Vict., Can., ch. 45, secs. 11 and 12. "Admiralty "]-See definition in sec. 335 (b) and see Code sec. 8. "Stores "1-See definition in sec. 2 (34). Search for public stores by peace officer]-See sec. 636. Evidence of enlistment]-See sec. 991. Joint offenders on summary conviction]-See sec. 728. First offence on summary conviction]—See sec. 729, Receiving clothing or furniture from soldiers or deserters.→→→ Changing the colour.-Receiving provisions from soldier. 438. Every one who, (a) buys, exchanges or detains, or otherwise receives from any soldier, militiaman or deserter any arms, clothing or furniture belonging to His Majesty, or any such articles belonging to any soldier, militiaman or deserter as are generally deemed regimental necessaries according to the custom of the army; or, (b) causes the colour of such clothing or articles to be changed; or, (c) exchanges, buys or receives from any soldier or militiaman, any provisions, without leave in writing from: the officer commanding the regiment or detachment to which such soldier belongs; is guilty of an offence punishable on indictment or on summary conviction and liable on conviction on indictment to five years' imprisonment, and on summary conviction before two justices to a penalty not exceeding forty dollars, and not less than twenty dollars and costs, and, in default of payment, to six months' imprisonment with or without hard labour. Origin]-Sec. 390, Code of 1892; R.S.C. 1886, ch. 169, secs. 2 and 4; Army Act, 1881, Imp., sec. 156. Prosecutor's share of fine]-See sec. 1042. Joint offenders on summary conviction]-See sec. 728. Second offences]-See secs. 465, 757, 963, 964, 982. Soldier making away with equipment]-For making away with his arms, ammunition, equipments, instruments, clothing, regimental necessaries or any horse of which he has charge, a soldier is liable under military law to suffer imprisonment on conviction by court martial. Army Act, Imp., sec. 24; Militia Act, Can. It is also a military offence for the soldier to lose by his culpable neglect any of the things mentioned, or to wilfully injure them. Army Act, Imp., sec. 24, sub-sec. (2) and sub-sec. (4). Buying or taking in pawn from soldier his military decorations, medals, etc.]-See the Army Act, 44-45 Vict., Imp., ch. 58, sec. 156, 168, 169, 190 (18), 190 (23); R. v. Brine, 8 Can. Cr. Cas. 54; Laws v. Read, 63 L.J.Q.B. 683; Code sec. 8. It is a military offence punishable on court martial for a soldier to pawn, sell, destroy or otherwise make away with any military decoration granted to him. Army Act, Imp., sec. 24, sub-sec. (3). Receiving necessaries from seamen or marines. 439. Every one who buys, exchanges, or detains, or otherwise receives from any seaman or marine, upon any account whatsoever, or has in his possession any arms or clothing, or 545 any articles, belonging to any seaman, marine or deserter, as are generally deemed necessaries according to the custom of the navy, is guilty of an offence punishable on indictment or on summary conviction and liable on conviction on indictment to five years' imprisonment, and on summary conviction before two justices to a penalty not exceeding one hundred and twenty dollars, and not less than twenty dollars and costs, and in default of payment to six months' imprisonment. Origin]-Sec. 391, Code of 1892; R.S.C. 1886, ch. 169, sec. 3 and 4; Seamen's Clothing Act, 1869, 32-33 Vict., Imp., ch. 57. "Seaman "1-See definition in sec. 335 (q). First offence on summary conviction]-See sec. 729. Joint offenders on summary conviction]-See sec. 728. Receiving seaman's property unless in ignorance or on sale by authority. 440. Every one who detains, buys, exchanges, takes on pawn or receives from any seaman or any person acting for a seaman, any seaman's property, or solicits or entices any seaman, or is employed by any seaman to sell, exchange or pawn any seaman's property, unless he acts in ignorance of the same being a seaman's property, or of the person with whom he deals being or acting for a seaman, or unless the same is sold by the order of the Admiralty or commander in chief, is guilty of an offence punishable on indictment or on summary conviction and liable on conviction on indictment to five years' imprisonment, and on summary conviction for a first offence to a penalty not exceeding one hundred dollars; and on summary conviction for a second offence, to the same penalty, or in the discretion of the justice, six months' imprisonment, with or without hard labour. Origin]-Sec. 392, Code of 1892; R.S.C. 1886, ch. 171, secs. 1 and 2; Seamen's Clothing Act, 1869, 32-33 Viet., Imp., ch. 57. Seaman" and " 'seaman's property" defined]-See sec. 335, subsecs. (q) and (r). First offence on summary conviction]--See sec. 729. Second offences]-See secs. 465, 757, 963, 964, 982. Not justifying possession of same. 441. Every one in whose possession any seaman's property is found who does not satisfy the justice before whom he is taken or summoned that he came by such property lawfully is liable, on summary conviction, to a fine of twenty-five dollars. Origin]-Sec. 393, Code of 1892; R.S.C. 1886, ch. 171, sec. 3; Seamen's Clothing Act, 1869, 32-33 Vict., Imp., ch. 57. 66 "Seaman and Seaman's property "]—See definitions in sec. 335, sub-secs. (q) and (r). First offence on summary conviction]-See sec. 729. Cheating at play. 442. Every one is guilty of an indictable offence and liable to three years' imprisonment who, with intent to defraud any person, cheats in playing at any game or in holding the stakes, or in betting on any event. Origin]-Sec. 395, Code of 1892; R.S.C. 1886, ch. 164, sec. 80; Gaming Act, 1845, 8-9 Vict., Imp., ch. 109, sec. 17. Cheating in card game, etc.]-If the jury are satisfied that the accused acted in the bona fide belief, even though mistaken, that he had been swindled out of his money by cheating in the game, and that he was entitled to recover it, and committed the assault and retook the money in that sole and bona fide belief, then they would be justified in acquitting the accused of the charge of robbery, though it was open to them on the facts to convict on a charge of assault, aggravated or common, according to the view they took. R. v. Ford (1907), 13 B.C.R. 109, 12 Can. Cr. Cas. 555. On a charge of cheating in a game there may be a good conviction for an attempt to cheat. Code sec. 949; R. v. Weiss & Williams (No. 1) (1913), 4 W.W.R. 1358, 1360, 6 Alta. L.R. 264, per Beck, J. And a conviction for the completed offence would be a defence to a charge for the attempt. Code sec. 907; R. v. Weiss & Williams (1913), 4 W.W.R. 1358, 1360. Details of false pretence or fraud not essential to indictment]-See secs. 863 and 864; also secs. 853, 855, 859, 860, as to stating the offence and the ordering of particulars. Amending the indictment]—A charge of cheating could not properly be amended by the court to one of conspiracy to cheat under the powers conferred by Code sec. 889. R. v. Weiss and Williams (No 1) (1913), 4 W.W.R. 1358, 1360, 6 Alta. L.R. 264, dealing with Code sec. 907 (plea of autrefois). |