to one month's imprisonment with hard labour, who steals any dog, or any bird, beast or other animal ordinarily kept in a state of confinement or for any domestic purpose, or for any lawful purpose of profit or advantage. 2. Every one who, having been convicted of any such offence, afterwards commits any such offence is liable to three months' imprisonment with hard labour. R.S.C., c. 164, 8. 9. 333. Every one who unlawfully and wilfully kills, Pigeons. wounds or takes any house-dove or pigeon, under such circumstances as do not amount to theft, is guilty of an offence and liable, upon complaint of the owner thereof, on summary conviction, to a penalty not exceeding ten dollars over and above the value of the bird. R.S.C., c. 164, s. 10. 334. Every one is guilty of an indictable offence and Oysters. liable to seven years' imprisonment who steals oysters or oyster brood. 2. Every one is guilty of an indictable offence and liable to three months' imprisonment who unlawfully and wilfully uses any dredge or net, instrument or engine whatsoever, within the limits of any oyster bed, laying or fishery, being the property of any other person, and sufficiently marked out or known as such, for the purpose of taking oysters or oyster brood, although none are actually taken, or unlawfully and wilfully with any net, instrument or engine, drags upon the ground of any such fishery. 3. Nothing herein applies to any person fishing for or catching any swimming fish within the limits of any oyster fishery with any net, instrument or engine adapted for taking swimming fish only. R.S.C., c. 164, s. 11. Things fixed 335. Every one is guilty of an indictable offence and liable to seven years' imprisonment who steals any glass or in woodwork belonging to any building whatsoever, or any lead, iron, copper, brass or other metal, or any utensil or fixture, whether made of metal or other material, or of both, respectively fixed in or to any building whatsoever, or anything made of metal fixed in any land, being private property, or for a fence to any dwelling-house, garden or area, or in any square or street, or in any place dedicated to public use or ornament, or in any burial ground. R.S.C., c. 164, s. 17. land. pleasure value; trees 336. Every one is guilty of an indictable offence and Trees in liable to two years' imprisonment who steals the whole or grounds, &c., any part of any tree, sapling or shrub, or any underwood, of five dollars the thing stolen being of the value of twenty-five dollars, elsewhere of or of the value of five dollars if the thing stolen grows in twenty-five any park, pleasure ground, garden, orchard or avenue, or in any ground adjoining or belonging to any dwelling-house. R.S.C., c. 164, s. 18. 812 337. dollars' value. Trees of the value of twenty-five cents. Timber found adrift. Fences, stiles and gates. Failing to satisfy justice that posses 337. Every one who steals the whole or any part of any tree, sapling or shrub, or any underwood, the value of the article stolen, or the amount of the damage done, being twenty-five cents at the least, is guilty of an offence and liable, on summary conviction, to a penalty not exceeding twenty-five dollars over and above the value of the article stolen or the amount of the injury done. 2. Every one who, having been convicted of any such offence, afterwards commits any such offence is liable, on summary conviction, to three months' imprisonment with hard labour. 3. Every one who, having been twice convicted of any such offence, afterwards commits any such offence is guilty of an indictable offence and liable to five years' imprisonment. R.S.C., c. 164, s. 19. 338. Every one is guilty of an indictable offence and liable to three years' imprisonment who (a.) without the consent of the owner thereof: (i.) fraudulently takes, holds, keeps in his possession, collects, conceals, receives, appropriates, purchases, sells or causes or procures or assists to be taken possession of, collected, concealed, received, appropriated, purchased or sold, any timber, mast, spar, saw-log or other description of lumber which is found adrift in, or cast ashore on the bank or beach of, any river, stream or lake; (ii) wholly or partially defaces or adds, or causes or procures to be defaced or added, any mark or number on any such timber, mast, spar, saw-log or other description of lumber, or makes or causes or procures to be made any false or counterfeit mark on any such timber, mast, spar, saw-log or other description of lumber; or (b.) refuses to deliver up to the proper owner thereof, or to the person in charge thereof, on behalf of such owner, or authorized by such owner to receive the same, any such timber, mast, spar, saw-log or other description of lumber. R.S.C., c. 164, s. 87. 339. Every one who steals any part of any live or dead fence, or any wooden post, pale, wire or rail set up or used as a fence, or any stile or gate, or any part thereof respectively, is guilty of an offence and liable, on summary conviction, to a penalty not exceeding twenty dollars over and above the value of the article or articles so stolen or the amount of the injury done. 2. Every one who, having been convicted of any such offence, afterwards commits any such offence is liable, on summary conviction, to three months' imprisonment with hard labour. R.S.C., c. 164, s. 21. 340. Every one who, having in his possession, or on his premises with his knowledge, the whole or any part of any tree, sapling or shrub, or any underwood, or any part of any sion of tree, &c., is lawful. live or dead fence, or any post, pale, wire, rail, stile or gate, or any part thereof, of the value of twenty-five cents at the least, is taken or summoned before a justice of the peace, and does not satisfy such justice that he came lawfully by the same, is guilty of an offence and liable, on summary conviction, to a penalty not exceeding ten dollars, over and above the value of the article so in his possession or on his premises. R.S.C., c. 164, s. 22. 341. Every one who steals any plant, root, fruit or vege- Roots, plants &c., growing table production growing in any garden, orchard, pleasure in gardens, ground, nursery ground, hot-house, green-house or conser- &c. vatory is guilty of an offence and liable, on summary conviction, to a penalty not exceeding twenty dollars over and above the value of the article so stolen or the amount of the injury done, or to one month's imprisonment with or without hard labour. 2. Every one who, having been convicted of any such offence, afterwards commits any such offence is guilty of an indictable offence and liable to three years' imprisonment. R.S.C., c. 164, s. 23. dens, &c. 342. Every one who steals any cultivated root or plant Roots, plants, &c., growing used for the food of man or beast, or for medicine, or for elsewhere distilling, or for dyeing, or for or in the course of any manu- than in garfacture, and growing in any land, open or inclosed, not being a garden, orchard, pleasure ground, or nursery ground, is guilty of an offence and liable, on summary conviction, to a penalty not exceeding five dollars over and above the value of the article so stolen or the amount of the injury done, or to one month's imprisonment with hard labour. 2. Every one who, having been convicted of any such offence, afterwards commits any such offence is liable to three months' imprisonment with hard labour. R.S.C., c. 164, 8. 24. 343. Every one is guilty of an indictable offence and Ores of metals. liable to two years' imprisonment who steals the ore of any metal, or any quartz, lapis calaminaris, manganese, or mundic, or any piece of gold, silver or other metal, or any wad, black cawk, or black lead, or any coal, or cannel coal, or any marble, stone or other mineral, from any mine, bed or vein thereof respectively. 2. It is not an offence to take, for the purposes of exploration or scientific investigation, any specimen or specimens of any ore or mineral from any piece of ground uninclosed and not occupied or worked as a mine, quarry or digging. R.S.C., c. 164, s. 25. 344. Every one is guilty of an indictable offence and liable Stealing from to fourteen years' imprisonment who steals any chattel, money the person. Stealing in dwellinghouses. Stealing by picklocks, &c. Stealing in manufactories, &c. Fraudulently disposing of goods intrus ted for manu facture. Stealing from ships, wharfs, &c. money or valuable security from the person of another. R.S.C., c. 164, s. 32. 345.. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who (a.) steals in any dwelling-house any chattel, money or valuable security to the value in the whole of twenty-five dollars or more; or, (b.) steals any chattel, money or valuable security in any dwelling-house, and by any menace or threat puts any one therein in bodily fear. R.S.C., c. 164, ss. 45 and 46. 346. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who, by means of any picklock, false key or other instrument steals anything from any receptacle for property locked or otherwise secured. 347. Every one is guilty of an indictable offence and liable to five years' imprisonment who steals, to the value of two dollars, any woollen, linen, hempen or cotton yarn, or any goods or articles of silk, woollen, linen, cotton, alpaca or mohair, or of any one or more of such materials mixed with each other or mixed with any other material, while laid, placed or exposed, during any stage, process or progress of manufacture, in any building, field or other place. R.S.C., c. 164, s. 47. 348. Every one is guilty of an indictable offence and liable to two years' imprisonment, when the offence is not within the next preceding section, who, having been intrusted with, for the purpose of manufacture or for a special purpose connected with manufacture, or employed to make, any felt or hat, or to prepare or work up any woollen, linen, fustian, cotton, iron, leather, fur, hemp, flax or silk, or any such materials mixed with one another, or having been so intrusted, as aforesaid, with any other article, materials, fabric or thing, or with any tools or apparatus for manufacturing the same, fraudulently disposes of the same or any part thereof. R.S.C., c. 164, s. 48. 349. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who (a.) steals any goods or merchandise in any vessel, barge or boat of any description whatsoever, in any haven or in any port of entry or discharge, or upon any navigable river or canal, or in any creek or basin belonging to or communicating with any such haven, port, river or canal; or (b.) steals any goods or merchandise from any dock, wharf or quay adjacent to any such haven, port, river, canal, creek or basin. R.S.C., c. 164, s. 49. 350. Every one is guilty of an indictable offence and Stealing liable to seven years' imprisonment who steals any wreck. wreck. R.S.C., c. 81, s. 36 (c). 351. Every one is guilty of an indictable offence and liable Stealing on railways. to fourteen years' imprisonment who steals anything in or from any railway station or building, or from any engine, tender or vehicle of any kind on any railway. 352. Every one who steals, or unlawfully injures or Stealing things deposiremoves, any image, bones, article or thing deposited in or ted in Indian near any Indian grave is guilty of an offence and liable, on graves. summary conviction, for a first offence to a penalty not exceeding one hundred dollars or to three months' imprisonment, and for a subsequent offence to the same penalty and to six months' imprisonment with hard labour. R.S.C., c. 164, s. 98 ments. 353. Every one who destroys, cancels, conceals or obliter- Destroying, ates any document of title to goods or lands, or any valuable, docusecurity, testamentary instrument, or judicial, official or other document, for any fraudulent purpose, is guilty of an indictable offence and liable to the same punishment as if he had stolen such document, security or instrument. R.S.C., c. 164, s. 12. 354. Every one is guilty of an indictable offence and Concealing. liable to two years' imprisonment who, for any fraudulent purpose, takes, obtains, removes or conceals anything capable of being stolen. stolen pro 355. Every one is guilty of an indictable offence and Bringing liable to seven years' imprisonment who, having obtained perty into elsewhere than in Canada any property by any act which Canada. if done in Canada would have amounted to theft, brings such property into or has the same in Canada. R.S.C., c. 164, s. 88. things not 356. Every one is guilty of an indictable offence and Stealing liable to seven years' imprisonment who steals anything for otherwise prothe stealing of which no punishment is otherwise pro- vided for. vided or commits in respect thereof any offence for which he is liable to the same punishment as if he had stolen the same. 2. The offender is liable to ten years' imprisonment if he has been previously convicted of theft. R.S.C., c. 164, ss. 5, 6 and 85. punishment 357. If the value of anything stolen, or in respect of Additional which any offence is committed for which the offender is when value of liable to the same punishment as if he had stolen it, exceeds property exceeds two the sum of two hundred dollars the offender is liable to hundred dol two lars. |