house or to any other factor, agent or carrier, to be shipped or carried, and the consignee afterwards advances any moneys or gives any negotiable security to such owner or other person, then, if after any such advance the said owner or other person for his own benefit and in violation of good faith, and without the consent of such consignee first had and obtained, makes any disposition of such merchandise different from and inconsistent with the agreement made in that behalf between such owner or other person aforesaid and such consignee at the time of or before such money being so advanced or such negotiable security being so given, with the intent to deceive, defraud or injure such consignee, the owner or other person aforesaid, and each and every other person knowingly and wilfully acting and assisting in making such disposition for the purpose of deceiving, defrauding or injuring such consignee, is or are guilty of a misdemeanor, and shall be liable to be imprisoned in the penitentiary for any term not exceeding three years, and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, but not less than one year; but no person shall be subject to prosecution under this section, who had, before making a disposition of the merchandise aforesaid, paid or tendered to the consignee the full amount of any advance made thereon. 90. Any miller, warehouseman, factor, agent, or other person, who, after having given, or after any clerk or person in his employ has to his knowledge given, as having been received by him, in any mill, warehouse, vessel, cove or other place, any receipt, certificate or acknowledgment, for grain, timber, or other goods or property, which can be used for any of the purposes mentioned in the Act passed in the thirty-first year of Her Majesty's reign and intituled: "An Act respecting Banks," or any person, who, after having obtained any such receipt, certificate, or acknowledgment, and after having endorsed or assigned it to any bank, or person, afterwards and without the consent of the holder, or, endorsee in writing, or the production and delivery of the receipt, certificate, or acknowledgment, wilfully alienates, or parts with, or does not deliver to such holder or endorsee of such receipt, certificate or acknowledgment, the grain, timber, goods, or property therein mentioned, is guilty of a misdemeanor, and shall be liable to be imprisoned in the penitentiary for any term not exceeding three years, or in any other gaol or place of confinement for any term less than two years, but not less than one year: Provided that nothing in this section shall prevent the offender from being indicted and punished for larceny, instead of misdemeanor, if, as being a bailee, his offence amounts to larceny. 91. If any offence in the last three preceding sections mentioned be committed by the doing of anything in the name of any firm, company or co-partnership of persons, the person by whom such thing is actually done, or who connives at the doing thereof, shall be deemed guilty of the offence, and not any other person. 92. No misdemeanor against any of the sixteen last preceding sections of this Act shall be prosecuted or tried at any Court of General or Quarter Sessions of the Peace; and if upon the trial of any person under any of the said sections, it appears that the offence proved amounts to larceny, he shall not by reason thereof be entitled to be acquitted of a misdemeanor under the said sections. 98. Whosoever by means of any false ticket or order, or of any other ticket or order, fraudulently and unlawfully obtains or attempts to obtain any passage on any railway, or in any steam or other vessel, is guilty of a misdemeanor, and shall be liable to be imprisoned in any common gaol or house of correction, with or without hard labor, for any period not exceeding six months. 109. Every person dealing in the purchase of old marine stores of any description, including anchors, cables, sails, junk, iron, copper, brass, lead, and other marine stores, shall conform to the following regulations: First, He shall not by himself or his agent, purchase any old marine stores from any person under the age of sixteen years, and on conviction of any such offence before a Justice of the Peace, shall be liable to a penalty of four dollars for the first offence, and of six dollars for every subsequent offence. Secondly, He shall not purchase or receive into his stores, premises or places of deposit, any old marine stores, except in the day time, between sunrise and sunset, under a penalty of five dollars for the first offence, and of seven dollars for every subsequent one; and if any old marine stores which had been stolen are found secreted in the premises of any person purporting to be a dealer in such stores, such person shall be guilty of a misdemeanor, and shall be punishable therefor in any manner by law prescribed for misdemeanor. 111. Whosoever wilfully and unlawfully conceals or appropriates any timber, masts, spars, saw-logs, or other description of lumber, which having been adrift in any river or lake, is found so adrift, in any such river or lake, or cast ashore on the bank or beach of any such river or lake, or wilfully and unlawfully defaces or adds any mark or number, on any such article or thing, or makes any false or counterfeit mark thereon, or refuses to deliver up to the proper owner thereof or to the person in charge thereof on behalf of such owner, any such article or thing, is guilty of a misdemeanor punishable in like manner as simple larceny. 112. If any person brings into Canada, or has in his possession therein, any property stolen, embezzled, converted or obtained by fraud false pretences in any other county in such manner that the stealing, embezzling converting or obtaining it in like manner in Canada, would, by the laws of Canada, be felony or misdemeanor; then the bringing such property into Canada, or the having it in possession therein, knowing it to have been so stolen, embezzled or converted, or unlawfully obtained, shall be an offence of the same nature, and punishable in like manner as if the stealing, embezzling, converting or unlawfully obtaining such property had taken place in Canada, and such person may be tried and convicted in any district, county or place in Canada, into or in which he brings such property, or has in possession. CHAP. 5 OF 34 VICT. 64. If any Miller, Warehouseman, Master of a vessel, Forwarder, Carrier, Wharfinger, Keeper of a Cove, Yard, Harbor or other place for storing timber, deals, staves, boards or other lumber, curer or packer of pork, or dealer in wool, Factor, Agent or other person, or any clerk or person in his employ, knowingly and wilfully gives to any person any writing purporting to be a receipt for, or an acknowledgement of any cereal grain, timber, deals, staves, boards or other lumber, or other goods, wares, merchandise or property, as having been received in his Warehouse, Vessel, Cove, Wharf or other place, or in any such place about which he is employed, or as having been in any other manner received by him or the person in or about whose business he is employed, before the goods or property named in such receipt, acknowledgment or writing have been actually so received by or delivered to him or his employer, with the intent to mislead, deceive, injure or defraud any person or persons whomsoever, although such person or persons may be then to him unknown; or if any person knowingly and wilfully accepts or transmits or uses any such false receipt, acknowledgment or writing, the person giving and the person accepting, transmitting or using such false receipt, acknowledgment or writing, shall severally be guilty of a misdemeanor. 65. The wilfully making any false statement in any such receipt, acknowledgment or certificate as in the forty-sixth section of this Act mentioned, or the wilfully alienating or parting with, or not delivering to the holder or indorsee any cereal grain, goods, wares or merchandise mentioned in such receipt, acknowledgment or certificate, contrary to the undertaking therein expressed or implied, shall be a misdemeanor. 66. If any offence in either of the two next preceding sections mentioned be committed by the doing of anything in the name of any firm, company or co-partnership of persons, the person by whom such thing is actually done, and any person who connives at the doing thereof, shall be deemed guilty of the offence, and not any other person. 67. Any person convicted of a misdemeanor under this Act shall, on conviction, be liable to be imprisoned in any gaol or place of confinement for any term not exceeding two years, in the discretion of the Court before which the conviction shall be had. ORDER ON PASSENGER STEAMERS. 36 VICTORIA. CHAP. 57. An Act to provide for keeping order on board Passenger Steamers. [Assented to 23rd May, 1873.] H ER MAJESTY, by and with the advice and consent of the 1. The master or officer in command of any steamer may refuse to receive on board thereof any person who is drunk or disorderly, or who causes, or is in a condition to cause, annoyance or injury to passengers on board; or if any such person be on board, the master or officer may put him on shore at any convenient place. 2. If any of the following offences are committed on board any vessel registered in Canada propelled wholly or in part by steam, and carrying passengers to or from any place or places in Canada, to or from any place or places out of Canada, not being in the United Kingdom, or between any places in Canada (which vessels alone are in this Act included in the term "steamers "), that is to say, (1.) If any person being drunk or disorderly has been on that account refused admission into a steamer by the owner or any person in his employment, and nevertheless persists in attempting to enter the steamer; (2.) If any person being drunk or disorderly on board a steamer is requested by the owner or any person in his employment to leave the same at any place in Canada, being a reasonably convenient place to leave the same, and does not comply with such request : (3.) If any person on board a steamer, after warning by the master or other officer of the steamer, molests or continues to molest any passenger: (4.) If any person, after having been refused admission into a steamer by the owner or any person in his employment on account of the steamer being full, and having had the amount of his fare, if he paid it, returned or tendered to him, nevertheless persists in attempting to enter the steamer: (5.) If any person on board a steamer, without reasonable excuse (proof whereof shall lie on him), fails, when requested by the master or other officer thereof, either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare on steamers, Then and in every such case, the person so offending shall for every such offence incur a penalty not exceeding ten dollars, but this liability shall not prejudice the recovery of any amount payable by him as fare. 3, If any person on board a steamer, without reasonable excuse (proof whereof shall lie on him) loes, or causes to be done, anything in such manner as to obstruct or injure any part of the machinery or tackle of the steamer, or to obstruct, impede or molest the crew, or any of them, in the navigation or management of her, or otherwise in the execution of their duty on or about the steamer, he shall, for every such offence, incur a penalty not exceeding one hundred dollars. 4. It shall be lawful for the master or other officer of any steamer and for all persons called by him to his assistance, to detain any offender against any of the provisions of the preceding sections of this Act, whose name and addresses are unknown to such master or officer, and to convey such offender with all convenient despatch before some Justice or Justices of the peace, to be dealt with according to law. 5. Any penalty imposed by this Act shall belong wholly to the Crown, and may be recovered with costs, before any one Justice of the Peace, if it does not exceed ten dollars, and before any two Justices of the Peace, or any magistrate having the powers of two Justices of the Peace, under the "Act respecting the duties of Jus |