Sec. 151. Penalty. Every one who, by himself, his clerk, servant, agent or other person, violates any of the provisions of the last preceding section, is guilty of an offence against this Part, and liable on summary conviction, to a penalty of fifty dollars and costs and, in default of payment, to imprisonment for a term not exceeding three months; and, upon any subsequent conviction, to a penalty of onehundred dollars and costs, or to imprisonment for a term not exceeding six months, or to both, and, in default of payment of such penalty, to imprisonment or to further imprisonment not exceeding three months; and imprisonment in each case shall be either with or without hard labor. (As amended by the 6 and 7 Ed. 7, c. 9, sec. 3). Sec. 152. Agent's liability. Every clerk, servant, agent or other person who, being in the employment of or on the premises of another person, violates or assists in violating any of the said provisions for the person in whose employment or on whose premises he is, shall be equally guilty with such person, and shall be liable to the punishment mentioned in the last preceding section. Sec. 153. Recovery of money, etc., paid for liquor. Any payment or compensation, whether in money or securities for money, labor or property of any kind, for intoxicating liquor sold, bartered, exchanged, supplied or disposed of contrary to the provisions aforesaid, shall be held to have been criminally received without consideration and against law, equity and good conscience, and the amount or value thereof may be recovered from the receiver by the person making, paying or furnishing such payment or compensation. Sec. 154. Transfers for liquor void. All sales, transfers, conveyances, liens and securities of every kind which either in whole or in part have been made or given for or on account of intoxicating liquor sold, bartered, exchanged, supplied or disposed of contrary to such provisions shall be void against all persons, and no right shall be acquired thereby. 2. No action of any kind shall be maintained, either in whole or in part for or on account of intoxicating liquor sold, bartered, exchanged, supplied, or disposed of, contrary to the said provisions. Interpretation. Sec. 155. Definitions: 66 (a) the Government' includes the government of Canada and the government of any province of Canada as well as His Majesty in the right of Canada or of any province thereof and the Commissioners of the Transcontinental Railway. Extended, as here set forth. (b) Official or person in the employment of the goverment' and 'official or employee of the government,' extend to and include the Commissioners of the Transcontinental Railway and the persons holding office as such commissioners, and the engineers, officials, officers, employees and servants of the said commissioners; Added. Unchanged. (c) "office". 158. Frauds upon the Government. 66 (a) Making offer or gift to unduly influence official. Unchanged. (b) Accepting such offer or gift. (c) Procuring withdrawal of tenders. Unchanged. (d) Accepting gift, etc., for withdrawal of tender: In case of tendering for the performance of any work, the doing of anything, or the furnishing of any goods, effects, food or materials for the government when tenders are called for by or on behalf of the government, accepts or receives, Unchanged. 2 2ND EDIT. REVISED STATUTES 1906 REMARKS (e) 66 (f) (g) (h) (i) 2 3. directly or indirectly, or permits or allows to be accepted or received by any member of his family or by any other person under his control, or for his benefit, any such gift, loan, offer, promise, consideration or compensation, as a consideration or reward for withdrawing or for having withdrawn such tender: Slightly changed (in the wording), as here set forth. (e) Official accepting gift or person giving anything concerning government business. Unchanged. "(f) Compensation for procuring payment of claim, etc. Unchanged. (9) Commission or reward to any official. Having dealings of any kind with the government through any department thereof, pays to any employee or official of the government or to any member of the family of such employee or official, or to any person under his control or for his benefit, any commission or reward; or, within one year before or after such dealings, without the express permission in writing of the head of the department with which such dealings have been had, the proof of which permission shall lie upon him, makes any gift, loan, or promise of any money, matter or thing to any such employee or other person aforesaid; 66 66 Slightly changed (in the wording) as here set forth. (h) Official accepting such commission or reUnchanged. ward. (i) Contractor subscribing, etc., to election 2 Penalty, if gift, etc., exceeds one thousand dollars. Unchanged. 'the Government,' (meaning of). (1) Unchanged. Sec. 159. Other consequences. Sec. 135. Sec. 160. Breach of trust by public officer. Unchanged. (1) Converted (with a little extension) into sec. 155 (a). See p. 33, ante. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 136. Sec. 161. Municipal corruption. Sec. Sec. 138. Sec. 164. Disobeying a Statute. Unchanged. Unchanged. Unchanged. Unchanged. Unchanged. Sec. 143. Sec. 166. Misconduct of officers entrusted with exe cution of writs. PEACE OFFICERS. Unchanged. Sec. 142. Sec. 167. Neglect to aid peace officers in arresting It is necessary for the prosecution to prove that rent was due and in arrear before a conviction can be made under section 144, (now section 169) of the Code for the offence of wilfully obstructing a lawful distress. (3a) On such a charge evidence is admissible for the defence in proof that no rent was due. (4) The retaking of possession by a vendor of goods, under a contract for the conditional' sale of them, is not within the term "lawful distress or seizure" as used in clause (b) of section 169 and an obstruction of the vendor's bailiff in regaining such possession is not an offence under the section. (5) Where the process of an inferior court is void by reason of its containing a direction to a peace officer to seize certain goods at a place outside of the territorial jurisdiction of the court, such process is insufficient, upon which to base a conviction for resisting the officer in its execution. (6) Where a bystander states, to other bystanders, in the hearing of a peace officer making an arrest for drunkenness that the person (2) Converted into sec. 155 (c). See p. 33, ante. (3) Except that the clauses of the section are differently arranged. (3a) R. v. Harron et al., 7 Can. Cr. Cas., 543. (4) Ib. (5) R. v. Shand, 7 Ont. L. R., 190. (6) R. v. Finlay, 4 Can. Cr. Cas., 539. 2ND EDIT. REVISED STATUTES 1906 REMARKS being arrested is not drunk, such statement does not constitute the offence of obstructing a peace officer, if the statement was made bona fide and in the belief of its truth. If, in an unwarranted lattempt of the police to arrest a bystander, the latter strikes the policeman, he is not guilty of an assault upon a peace officer in the execution of his duty; for the policeman has no duty to arrest him. (7) Sec. "-1. Sec. 66 Sec. Unchanged. (8) 2. Subornation of perjury defined. 3. Evidence in this section includes eridence given on the voir dire and evidence given before a grand jury. Transferred from the last clause of par. 1 of the old sec. 145. 2. Sec. 171. Witness defined. Unchanged. (9) 3. Sec. 2. Judicial proceeding. Unchanged. (9) It is perjury under this section to give false testimony before a justice of the peace holding a judicial proceeding under a provincial law although the justice was by the terms of that law disqualified from hearing the charge by reason of not being a resident of the county in which the alleged offence took place. (10) Counselling a person to commit perjury is not subornation of perjury, unless the perjury counselled is actually committed, but it is punishable as an incitement to give false evidence, which is an offence at common law. (11) Perjury may be assigned in respect of an examination for discovery in a civil action; an examination for discovery being a judicial proceeding. (12) Sec. 148. Sec. 172. Other acts of perjury. Unchanged. Sec. 149. Sec. 173. False affidavit made out of a province but Unchanged. within Canada. Sec. 146. Sec. 174. Punishment of perjury or subornation of perjury. Unchanged. (7) R. v. Cook, 11 Can. Cr. Cas., 32. (8) Except that the last clause of the first paragraph of the old sec. (145) is a separate paragraph (3) of the new sec. 170. (9) Except that paragraphs 2 and 3 of the old sec. (145) is a separate section (171) of the new Act. (10) R. v. Drew (No. 1) 6 Can. Cr. Cas., 241. Aff. in appeal (by the Supreme Court of Canada), R. v. Drew (No. 2) 6 Can. Cr. Cas., 424. (11) R. v. Cole, 5 Can. Cr. Cas., 330. (12) R. v. Thickens, 11 Can. Cr. Cas.. 274. |