offender, if such defamatory matter is believed to be true, and is relevant to the invitation, challenge or the required refutation, and the publishing does not in manner or extent exceed what is reasonably sufficient for the occasion. 288. No one commits an offence by publishing any Publishing in defamatory matter, in any proceeding held before or under courts of justhe authority of any court exercising judicial authority, or in any inquiry made under the authority of any statute or by order of Her Majesty, or of any of the departments of Government, Dominion or provincial. 289. No one commits an offence by publishing to either Publishing parliamentary the Senate, or House of Commons, or to any Legislative papers. Council, Legislative Assembly or House of Assembly, defamatory matter contained in a petition to the Senate, or House of Commons, or to any such Council or Assembly, or by publishing by order or under the authority of the Senate or House of Commons, or of any such Council or Assembly, any paper containing defamatory matter or by publishing, in good faith and without ill-will to the person defamed, any extract from or abstract of any such paper. proceedings of and courts. 290. No one commits an offence by publishing in good Fair reports of faith, for the information of the public, a fair report of the parliament proceedings of the Senate or House of Commons, or any committee thereof, or of any such Council or Assembly, or any committee thereof, or of the public proceedings preliminary or final heard before any court exercising judicial authority, nor by publishing, in good faith, any fair comment upon any such proceedings. proceedings of 291. No one commits an offence by publishing in good Fair reports of faith, in a newspaper, a fair report of the proceedings of any public meetpublic meeting if the meeting is lawfully convened for a ings. lawful purpose and open to the public, and if such report is fair and accurate, and if the publication of the matter complained of is for the public benefit, and if the defendant does not refuse to insert in a conspicuous place in the newspaper in which the report appeared a reasonable letter or document of explanation or contradiction by or on behalf of the prosecutor. sion. 292. No one commits an offence by publishing any defa- Fair discusmatory matter which he, on reasonable grounds, believes to be true, and which is relevant to any subject of public interest, the public discussion of which is for the public benefit. 293. No one commits an offence by publishing fair com- Fair comment. ments upon the public conduct of a person who takes part in public affairs. Seeking remedy for grievance. Answer to inquiries. Giving information. Selling periodicals contain ry libel. 2. No one commits an offence by publishing fair comments on any published book or other literary production. or any composition or work of art or performance publicly exhibited, or any other communication made to the public on any subject, if such comments are confined to criticism on such book or literary production, composition, work of art, performance or communication. 294. No one commits an offence by publishing defamatory matter for the purpose, in good faith, of seeking remedy or redress for any private or public wrong or grievance from a person who has, or is reasonably believed by the person publishing to have, the right or be under obligation to remedy or redress such wrong or grievance, if the defamatory matter is believed by him to be true, and is relevant to the remedy or redress sought, and such publishing does not in manner or extent exceed what is reasonably sufficient for the occasion. 295. No one commits an offence by publishing, in answer to inquiries made of him, defamatory matter relating to some subject as to which the person by whom, or on whose behalf, the inquiry is made has, or on reasonable grounds is believed by the person publishing to have, an interest in knowing the truth, if such matter is published for the purpose, in good faith, of giving information in respect thereof to that person, and if such defamatory matter is believed to be true, and is relevant to the inquiries made, and also if such publishing does not in manner or extent exceed what is reasonably sufficient for the occasion. 296. No one commits an offence by publishing to another person defamatory matter for the purpose of giving information to that person with respect to some subject as to which he has, or is, on reasonable grounds, believed to have, such an interest in knowing the truth as to make the conduct of the person giving the information reasonable under the circumstances: Provided, that such defamatory matter is relevant to such subject, and that it is either true, or is made without ill-will to the person defamed, and in the belief, on reasonable grounds, that it is true. 297. Every proprietor of any newspaper is presumed to be ing defamato- criminally responsible for defamatory matter inserted and published therein, but such presumption may be rebutted by proof that the particular defamatory matter was inserted in such newspaper without such proprietor's cognizance, and without negligence on his part. 2. General authority given to the person actually inserting such defamatory matter to manage or conduct, as editor or otherwise, such newspaper, and to insert therein what he in his discretion thinks fit, shall not be negligence within this section unless it be proved that the proprietor, when originally originally giving such general authority, meant that it should extend to inserting and publishing defamatory matter, or continued such general authority knowing that it had been exercised by inserting defamatory matter in any number or part of such newspaper. 3. No one is guilty of an offence by selling any number or part of such newspaper, unless he knew either that such number or part contained defamatory matter, or that defamatory matter was habitually contained in such newspaper. famatory mat 298. No one commits an offence by selling any book, Selling books magazine, pamphlet or other thing whether forming part of containing deany periodical or not, although the same contains defamatory ter. matter, if, at the time of such sale, he did not know that such defamatory matter was contained in such book, magazine, pamphlet or other thing. 2. The sale by a servant of any book, magazine, pamphlet or other thing, whether periodical or not, shall not make his employer criminally responsible in respect of defamatory matter contained therein unless it be proved that such employer authorized such sale knowing that such book, magazine, pamphlet or other thing contained defamatory matter, or, in case of a number or part of a periodical, that defamatory matter was habitually contained in such periodical. 299. It shall be a defence to an indictment or information When truth is a defence. for a defamatory libel that the publishing of the defamatory matter in the manner in which it was published was for the public benefit at the time when it was published, and that the matter itself was true. R.S.C., c. 163, s. 4. 300. Every one is guilty of an indictable offence and liable Extortion by to two years' imprisonment, or to a fine not exceeding libel. defamatory six hundred dollars, or to both, who publishes or threatens to publish, or offers to abstain from publishing, or offers to prevent the publishing of, a defamatory libel with intent to extort any money, or to induce any person to confer upon or procure for any person any appointment or office of profit or trust, or in consequence of any person having been refused any such money, appointment or office. R.S.C., c. 163, s. 1. of defamatory 301. Every one is guilty of an indictable offence and liable Punishment to two years' imprisonment or to a fine not exceeding four libel known to hundred dollars, or to both, who publishes any defamatory be false. libel knowing the same to be false. R.S.C., 163, s. 2. of defamatory 302. Every one is guilty of an indictable offence and liable Punishment to one year's imprisonment, or to a fine not exceeding two libel. hundred dollars, or to both, who publishes any defamatory libel. R.S.C., c. 163, s. 3. Things capable of being stolen. Animals capable of being stolen. TITLE VI. OFFENCES AGAINST RIGHTS OF PROPERTY AND PART XXIV. THEFT DEFINED. 303. Every inanimate thing whatever which is the property of any person, and which either is or may be made movable, shall henceforth be capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it: Provided, that nothing growing out of the earth of a value not exceeding twenty-five cents shall (except in the cases hereinafter provided) be deemed capable of being stolen. 304. All tame living creatures, whether tame by nature or wild by nature and tamed, shall be capable of being stolen; but tame pigeons shall be capable of being stolen so long only as they are in a dovecote or on their owner's land. 2. All living creatures wild by nature, such as are not commonly found in a condition of natural liberty in Canada, shall, if kept in a state of confinement, be capable of being stolen, not only while they are so confined but after they have escaped from confinement. 3. All other living creatures wild by nature shall, if kept in a state of confinement, be capable of being stolen so long as they remain in confinement or are being actually pursued after escaping therefrom, but no longer. 4. A wild living creature shall be deemed to be in a state of confinement so long as it is in a den, cage or small inclosure, stye or tank, or is otherwise so situated that it cannot escape and that its owner can take possession of it at pleasure. 5. Oysters and oyster brood shall be capable of being stolen when in oyster beds, layings, and fisheries which are the property of any person, and sufficiently marked out or known as such property. 1 6. Wild creatures in the enjoyment of their natural liberty shall not be capable of being stolen, nor shall the taking of their dead bodies by, or by the orders of, the person who killed them before they are reduced into actual possession by the owner of the land on which they died, be deemed to be theft. 7. Every thing produced by or forming part of any living creature capable of being stolen, shall be capable of being stolen. 305. Theft or stealing is the act of fraudulently and with- Theft defined. out colour of right taking, or fraudulently and without colour of right converting to the use of any person, anything capable of being stolen, with intent (a.) to deprive the owner, or any person having any special property or interest therein, temporarily or absolutely of such thing or of such property or interest; or (b.) to pledge the same or deposit it as security; or (c.) to part with it under a condition as to its return which the person parting with it may be unable to perform; or (d.) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time of such taking and conversion. 2. The taking or conversion may be fraudulent, although effected without secrecy or attempt at concealment. 3. It is immaterial whether the thing converted was taken for the purpose of conversion, or whether it was, at the time of the conversion, in the lawful possession of the person converting. 4. Theft is committed when the offender moves the thing or causes it to move or to be moved, or begins to cause it to become movable, with intent to steal it. 5. Provided, that no factor or agent shall be guilty of theft by pledging or giving a lien on any goods or document of title to goods intrusted to him for the purpose of sale or otherwise, for any sum of money not greater than the amount due to him from his principal at the time of pledging or giving a lien on the same, together with the amount of any bill of exchange accepted by him for or on account of his principal. 6. Provided, that if any servant, contrary to the orders of his master, takes from his possession any food for the purpose of giving the same or having the same given to any horse or other animal belonging to or in the possession of his master, the servant so offending shall not, by reason thereof, be guilty of theft. R.S.C., c. 164, s. 63. seizure. 306. Every one commits theft and steals the thing taken Theft of or carried away who, whether pretending to be the owner things under or not, secretly or openly, takes or carries away, or causes to be taken or carried away, without lawful authority, any property under lawful seizure and detention. R.S.C., c. 164, s. 50. 307. Every one commits theft, and steals the creature Theft of anikilled who kills any living creature capable of being stolen mals. with intent to steal the carcase, skin, plumage or any part of such creature. 308. Every one commits theft who, having received any Theft by money or valuable security or other thing whatsoever, agent. on terms requiring him to account for or pay the same, or the |