Cheating at play. Pretending to practise witchcraft. means, to defraud the public or any person, ascertained or unascertained, or to affect the public market price of stocks, shares, merchandise or anything else publicly sold, whether such deceit or falsehood or other fraudulent means would or would not amount to a false pretense as herein before defined. 395. Every one is guilty of an indictable offence and liable to three years' imprisonment who, with intent to de raud any person, cheats in playing at any game, or in holding the stakes, or in betting on any event. R.S.C., c. 164, s. 80. 396. Every one is guilty of an indictable offence and liable to one year's imprisonment who pretends to exercise or use any kind of witchcraft, sorcery, enchantment or conjuration, or undertakes to tell fortunes, or pretends from his skill or knowledge in any occult or crafty science, to discover where or in what manner any goods or chattels supposed to have been stolen or lost may be found. Robbery defined. Punishment of aggravated robbery. Punishment of robbery. Assault with intent to rob. Stopping the mail. PART XXIX. ROBBERY AND EXTORTION. 397. Robbery is theft accompanied with violence or threats of violence to any person or property used to extort the property stolen, or to prevent or overcome resistance to its being stolen. 398. Every one is guilty of an indictable offence and liable to imprisonment for life and to be whipped who (a.) robs any person and at the time of, or immediately before or immediately after, such robbery wounds, beats, strikes, or uses any personal violence to, such person; or (b.) being together with any other person or persons robs, or assaults with intent to rob, any person; or (c.) being armed with an offensive weapon or instrument robs, or assaults with intent to rob, any person. R.S.C., c. 164, s. 34. 399. Every one who commits robbery is guilty of an indictable offence and liable to fourteen years' imprisonment. R.S.C., c. 164, s. 32. 400. Every one who assaults any person with intent to rob him is guilty of an indictable offence and liable to three years' imprisonment. R.S.C., c. 164, s. 33. 401. Every one is guilty of an indictable offence and liable to imprisonment for life, or for any term not less than five years, who stops a mail with intent to rob or search the same. R.S.C., c. 35, s. 81. documents by 402. Every one is guilty of an indictable offence and Compelling liable to imprisonment for life who, with intent to defraud, execution of or injure, by unlawful violence to, or restraint of the person force. of another, or by the threat that either the offender or any other person will employ such violence or restraint, unlawfully compels any person to execute, make, accept, endorse, alter or destroy the whole or any part of any valuable security, or to write, impress or affix any name or seal upon any paper or parchment, in order that it may be afterwards made or converted into or used or dealt with as a valuable security. R.S.C., c. 173, s. 5. 403. Every one is guilty of an indictable offence and liable Sending letter to fourteen years' imprisonment who sends, delivers or utters, property with demanding or directly or indirectly causes to be received, knowing the menaces. contents thereof, any letter or writing demanding of any person with menaces, and without any reasonable or probable cause, any property, chattel, money, valuable security or other valuable thing. R.S.C., c. 173, s. 1. with intent to 404. Every one is guilty of an indictable offence and Demanding liable to two years' imprisonment who, with menaces, steal. demands from any person, either for himself or for any other person, anything capable of being stolen with intent to steal it. certain 405. Every one is guilty of an indictable offence and Extortion by liable to fourteen years' imprisonment who, with intent to threats. extort or gain anything from any person- (a.) accuses or threatens to accuse either that person or any other person, whether the person accused or threatened with accusation is guilty or not, of (i.) any offence punishable by law with death or imprisonment for seven years or more ; (ii) any assault with intent to commit a rape, or any attempt or endeavour to commit a rape, or any indecent assault; (iii) carnally knowing or attempting to know any child so as to be punishable under this Act; (iv.) any infamous offence, that is to say, buggery, an attempt or assault with intent to commit buggery, or any unnatural practice, or incest; (v.) counselling or procuring any person to commit any such infamous offence; or (b.) threatens that any person shall be so accused by any other person; or (c.) causes any person to receive a document containing such accusation or threat, knowing the contents thereof; (d.) Extortion by other threats. (d) by any of the means aforesaid compels or attempts to compel any person to execute, make, accept, endorse, alter or destroy the whole or any part of any valuable security, or to write, impress or affix any name or seal upon or to any paper or parchment, in order that it may be afterwards made or converted into or used or dealt with as a valuable security. R.S.C., c. 173, ss. 3, 4, 1 and 5. 406. Every one is guilty of an indictable offence, and liable to imprisonment for seven years who (a.) with intent to extort or gain anything from any person accuses or threatens to accuse either that person or any other person of any offence other than those specified in the last section, whether the person accused or threatened with accusation is guilty or not of that offence; or b.) with such intent as aforesaid, threatens that any person shall be so accused by any person; or (c.) causes any person to receive a document containing such accusation or threat knowing the contents thereof; or (d.) by any of the means aforesaid, compels or attempts to compel any person to execute, make, accept, endorse, alter or destroy the whole or any part of any valuable security, or to write, impress or affix any name or seal upon or to any paper or parchment, in order that it may be afterwards made or converted into, or used or dealt with as a valuable security. Definition of dwellinghouse, &c. PART XXX. BURGLARY AND HOUSEBREAKING. 407. In this part the following words are used in the following senses: (a.) Dwelling-house means a permanent building the whole or any part of which is kept by the owner or occupier for the residence therein of himself, his family or servants, or any of them, although it may at intervals be unoccupied; (i.) A building occupied with, and within the same curtilage with, any dwelling-house shall be deemed to be part of the said dwelling-house if there is between such building and dwelling-house a communication, either immediate or by means of a covered and inclosed passage, leading from the one to the other, but not otherwise; (b.) To "break" means to break any part, internal or external, of a building, or to open by any means whatever (including lifting, in the case of things kept in their places by their own weight), any door, window, shutter, cellar-flap or other thing intended to cover openings to the building, or to give passage from one part of it to another; (1.) An entrance into a building is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by him, is within the building; (ii.) Every one who obtains entrance into any building by any threat or artifice used for that purpose, or by collusion with any person in the building, or who enters any chimney or other aperture of the building permanently left open for any necessary purpose, shall be deemed to have broken and entered that building. R.S.C., c. 164, s. 2. place of 408. Every one is guilty of an indictable offence and Breaking liable to fourteen years' imprisonment who breaks and enters any place of public worship and commits any indictable committing offence therein, or who, having committed any indictable offence therein, breaks out of such place. R.S.C., c. 164, s. 35. offence. 409. Every one is guilty of an indictable offence and Breaking place of liable to seven years' imprisonment who breaks and enters worship with any place of public worship with intent to commit indictable offence therein. R.S.C., c. 164, s. 42. any intent to com mit offence. 410. Every one is guilty of the indictable offence called Burglary burglary, and liable to imprisonment for life, who— (4.) breaks and enters a dwelling-house by night with intent to commit any indictable offence therein; or (b.) breaks out of any dwelling-house by night, either after committing an indictable offence therein, or after having entered such dwelling-house, either by day or by night, with intent to commit an indictable offence therein. R.S.C., c. 164, s. 37. defined. 411. Every one is guilty of the indictable offence called Housebreakhousebreaking, and liable to fourteen years' imprisonment, ing and comwho- (a.) breaks and enters any dwelling-house by day and commits any indictable offence therein; or (b.) breaks out of any dwelling-house by day after having committed any indictable offence therein R.S.Č., c. 164, s. 40. mitting an indictable offence. ing with 412. Every one is guilty of an indictable offence and Housebreakliable to seven years' imprisonment who, by day, breaks and intent to comenters any dwelling-house with intent to commit any in- mit an indictdictable offence therein. R.S.C., c. 164, s. 42. able offence. and commit 413. Every one is guilty of an indictable offence and Breaking shop liable to fourteen years' imprisonment who, either by day or ting an indictnight, breaks and enters and commits any indictable offence able offence. in a school-house, shop, warehouse or counting house, or any building within the curtilage of a dwelling-house, but not so connected therewith as to form part of it under the provisions herein before contained. R.S.C., c. 164, s. 41. with intent to 414. Every one is guilty of an indictable offence and Breaking shop liable to seven years' imprisonment who, either by day or commit an night, breaks and enters any of the buildings mentioned in indictable offence. the Being found in dwellinghouse by night. Being found armed with intent to break a dwelling-house. Being disguis ed or in possession of housebreaking instruments. Punishment conviction. the last preceding section with intent to commit any indictable offence therein. R.S.C., c. 164, s. 42. 415. Every one is guilty of an indictable offence and liable to seven years' imprisonment who unlawfully enters, or is in, any dwelling-house by night with intent to commit any indictable offence therein. R.S.C., c. 164, s. 39. 416. Every one is guilty of an indictable offence and liable to seven years' imprisonment who is found (a.) armed with any dangerous or offensive weapon or instrument by day, with intent to break or enter into any dwelling-house, and to commit any indictable offence therein; or (b.) armed as aforesaid by night, with intent to break into any building and to commit any indictable offence therein. R.S.C., c. 164, s. 43. 417. Every one is guilty of an indictable offence and liable to five years' imprisonment who is found (a.) having in his possession by night, without lawful excuse (the proof of which shall lie upon him), any instrument of housebreaking; or (b.) having in his possession by day any such instrument with intent to commit any indictable offence; or (c.) having his face masked or blackened, or being otherwise disguised, by night, without lawful excuse (the proof whereof shall lie on him); or (d.) having his face masked or blackened, or being otherwise disguised, by day with intent to commit any indictable offence. R.S.C., c. 164, s. 43. 418. Every one who, after a previous conviction for any after previous indictable offence, is convicted of an indictable offence specified in this part for which the punishment on a first conviction is less than fourteen years' imprisonment is liable to fourteen years' imprisonment. R.S.C., c. 164, s. 44. Document defined. "Bank note PART XXXI. FORGERY. 419. A document means in this part any paper, parchment, or other material used for writing or printing, marked with matter capable of being read, but does not include trade marks on articles of commerce, or inscriptions on stone or metal or other like material. 420. "Bank note" includes all negotiable instruments and "exche issued by or on behalf of any person, body corporate, or company carrying on the business of banking in any part of quer bill " defined. the |