No prosecution without leave of Attorney-General of the Province; s. 548.

FRAUD IN REGISTRATION.

371. Every one is guilty of an indictable offence and liable to three years' imprisonment who, acting either as principal or agent, in any proceeding to obtain the registration of any title to land or otherwise, or in any transaction relating to land which is, or is proposed to be, put on the register, knowingly and with intent to deceive makes or assists or joins in, or is privy to the mak ing of, any material false statement or representation, or suppresses, conceals, assists or joins in, or is privy to the suppression, withholding or concealing from, any judge or registrar, or any person employed by or assisting the registrar, any material document, fact or matter of information. c. 164, ss. 96 & 97.

R. S. C.

This section, by the repealed Act, applied only to British Columbia.

Fine, s. 958.

FRAUDULENT SALES, HYPOTHECATIONS, SEIZURES, ETC.

372. Every one is guilty of an indictable offence and liable to one year's imprisonment, and to a fine not exceeding two thousand dollars, who, knowing the existence of any unregistered prior sale, grant, mortgage, hypothec, privilege or encumbrance of or upon any real property, fraudulently makes any subsequent sale of the same, or of any part thereof. R. S. C. c. 164, ss. 92 & 93.

See R. v. Palliser, 4 L. C. J. 276.

373. Every one who pretends to hypothecate, mortgage, or otherwise charge any real property to which he knows he has no legal or equitable title is guilty of an indictable offence and liable to one year's imprisonment, and to a fine not exceeding one hundred dollars.

2. The proof of the ownership of the real estate rests with the person so pretending to deal with the same. R. S. C. c. 164, ss. 92 & 94.

374. Every one is guilty of an indictable offence and liable to one year's imprisonment who, in the province of Quebec, wilfully causes or procures to be seized and taken in execution. any lands and tenements, or other real property, not being, at the time of such seizure, to the knowledge of the person causing the same to be taken in execution, the bona fide property of the person or persons against whom, or whose estate, the execution is issued. R. S. C. c. 164, ss. 92 & 95.

Fine, s. 958. These three sections, by the repealed statute, applied only to the Province of Quebec. Why s. 374 has also not been either extended to the other Provinces or repealed, has not been explained.

UNLAWFUL DEALINGS WITH GOLD.

375. Every one is guilty of an indictable offence and liable to two years' imprisonment, who

(a) being the holder of any lease or license issued under the provisions of any Act relating to gold or silver mining, or by any persons owning land supposed to contain any gold or silver, by fraudulent device or contrivance defrauds or attempts to defraud Her Majesty, or any person, of any gold, silver or money payable or reserved by such lease, or, with such intent as aforesaid, conceals or makes a false statement as to the amount of gold or silver procured by him; or

(b) not being the owner or agent of the owners of mining claims then being worked, and not being thereunto authorized in writing by the proper officer on that behalf named in any Act relating to mines in force in any province of Canada, sells or purchases (except to or from such owner or authorized person) any quartz containing gold, or any smelted gold or silver, at or within three miles of any gold district or mining district, or gold mining division; or

(c) purchases any gold in quartz, or any unsmelted or smelted gold or silver, or otherwise unmanufactured gold or silver, of the value of one dollar or upwards (except from such owner or authorized person), and does not, at the same time, execute in triplicate an instrument in writing, stating the place and time of purchase, and the quantity, quality and value of gold or silver so purchased, and the name or names of the person or persons from whom the same was purchased, and file the same with such proper officer within twenty days next after the date of such purchase. R. S. C. c. 164, ss. 27, 28 & 29.

Fine, s. 958; s. 569 for search warrant, and s. 621 for indictment.

WAREHOUSEMEN GIVING FALSE RECEIPTS.

376. Every one is guilty of an indictable offence and liable to three years' imprisonment, who

(a) being the keeper of any warehouse, or a forwarder, miller, master of a vessel, wharfinger, keeper of a cove, yard, harbour or other place for storing timber, deals, staves, boards, or lumber, curer or packer of pork, or dealer in wool, carrier, factor, agent or other person, or a clerk or other person in his employ, knowingly and wilfully gives to any person a writing purporting to be a receipt for, or an acknowledgment of, any goods or other property as having been received into his warehouse, vessel, cove, wharf, or other place, or in any such place about which he is employed, or in any other manner received by him, or by the person in or about whose business he is employed, before the goods or other property named in such receipt, acknowledgment or writing have been actually delivered to or received by him as aforesaid, with intent to mislead, deceive, injure or defraud any person, although such person is then unknown to him; or

(b) knowingly and wilfully accepts, transmits or uses any such false receipt or acknowledgment or writing. R. S. C. c. 164, s. 73.

Fine, s. 958; see s. 379. This is not in the Imperial Act.

FRAUDS IN TRADE, ETC.

377. Every one is guilty of an indictable offence and liable to three years' imprisonment, who

(a) having, in his name, shipped or delivered to the keeper of any warehouse, or to any other factor, agent or carrier, to be shipped or carried, any merchandise upon which the consignee has advanced any money or given any valuable security afterwards, with intent to deceive, defraud or injure such consignee, in violation of good faith, and without the consent of such consignee, makes any disposition of such merchandise different from and inconsistent with the agreement made in that behalf between him and such consignee at the time of or before such money was so advanced or such negotiable security so given; or

(b) knowingly and wilfully aids and assists in making such disposition for the purpose of deceiving, defrauding or injuring such consignee.

2. No person commits an offence under this section who, before making such disposition of such merchandise, pays or tenders to the consignee the full amount of any advance made thereon. R. S. C. c. 164, s. 74.

Act.

Fine, s. 958; see s. 379. This is not in the Imperial

OTHER FRAUDS.

378. Every person is guilty of an indictable offence and liable to three years' imprisonment who

(a) wilfully makes any false statement in 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 Bank Act; or

(b) 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 such receipt, certificate or acknowledgment for any such grain, timber or other goods or property,--or 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 owner of such receipt, certificate or acknowledgment, the grain, timber, goods or other property therein mentioned. R. S. C. c. 164, s. 75.

Fine, s. 958; see next section. This is not in the Imperial Act.

379. If any offence mentioned in any of the three sections next preceding is 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, is guilty of the offence, and not any other person. R. S. C. c. 164, s. 76.

Section 197 of c. 174, R. S. C., which applied to the three preceding sections, has not been re-enacted.

SELLING WRECKS, ETC.

380. Every one is guilty of an indictable offence and liable to seven years' imprisonment who, not having lawful title thereto, sells any vessel or wreck found within the limits of Canada. R. S. C. c. 81, s. 36 (d).

"Wreck" defined, s. 3.

OTHER OFFENCES RESPECTING WRECK.

381. Every one is guilty of an indictable offence and liable, on conviction on indictment to two years' imprisonment, and on summary conviction before two justices of the peace to a penalty of four hundred dollars or six months' imprisonment, with or without hard labour, who

(a) secretes any wreck, or defaces or obliterates the marks thereon, or uses means to disguise the fact that it is wreck, or in any manner conceals the character thereof, or the fact that the same is such wreck, from any person entitled to inquire into the same; or

(b) receives any wreck, knowing the same to be wreck, from any person, other than the owner thereof or the receiver of wrecks, and does not within forty-eight hours inform the receiver thereof;

(c) offers for sale or otherwise deals with any wreck, knowing it to be wreck, not having a lawful title to sell or deal with the same; or

(d) keeps in his possession any wreck, knowing it to be wreck, without a lawful title so to keep the same, for any time longer than the time reasonably necessary for the delivery of the same to the receiver; or

(e) boards any vessel which is wrecked, stranded or in distress against the will of the master, unless the person so boarding is, or acts by command of, the receiver. R. S. C. c. 81, s. 37.

OFFENCES-MARINE STORES-PUBLIC STORES, ETC.

382. Every person who deals in the purchase of old marine stores of any description, including anchors, cables, sales, junk, iron, copper, brass, lead and other marine stores, and who, by himself or his agent, purchases any old marine stores from any person under the age of sixteen years, is guilty of an offence and liable, on summary conviction, to a penalty of four dollars for the first offence and of six dollars for every subsequent offence.

2. Every such person who, by himself or his agent, purchases or receives any old marine stores into his shop, premises or places of deposit, except in the day-time between sunrise and sunset, is guilty of an offence and liable, on summary conviction, to a penalty of five dollars for the first offence and of seven dollars for every subsequent offence.

3. Every person, purporting to be a dealer in old marine stores, on whose premises any such stores which were stolen are found secreted is guilty of an indictable offence and liable to five years' imprisonment. R. S. C. c. 81, s. 35.

383. In the next six sections, the following expressions have the meaning assigned to them herein:

(a) The expression "public department " includes the Admiralty and the War Department, and also any public department or office of the Government

of Canada, or of the public or civil service thereof, or any branch of such department or office;

(b) The expression "public stores" includes all stores under the care, superintendence or control of any public department as herein defined, or of any person in the service of such department;

(c) The expression "stores" includes all goods and chattels, and any single store or article. 50-51 V. c. 45 s. 2.

Section 570, as to search-warrant.

The Imperial statute on public stores is 38 & 39 V. c. 25.

384. The following marks may be applied in or on any public stores to denote Her Majesty's property in such stores, and it shall be lawful for any public department, and the contractors, officers and workmen of such depart ment, to apply such marks, or any of them, in or on any such stores:-Marks appropriated for Her Majesty's use in or on Naval, Military, Ordnance. Barrack, Hospital and Victualling Stores.

STORES.

Hempen cordage and wire rope.

MARKS.

White, black or coloured threads laid up with the yarns and the wire, respectively.

Canvas, fearnought, hammocks and A blue line in a serpentine form. seamen's bags.

A double tape in the warp.

Blue or red cotton threads in each wick or wicks of red cotton.

Timber, metal and other stores not The broad arrow, with or without the before enumerated

letters W. D.

Marks appropriated for use on Stores, the property of Her Majesty in the right of Her Government of Canada.

STORES.

Public stores.

50-51 V. c. 45, s. 3. 53 V. c. 38.

MARKS.

The name of any public department, or the word "Canada," either alone or in combination with a Crown or the Royal Arms.

385. Every one is guilty of an indictable offence and liable to two years' imprisonment who, without lawful authority the proof of which shall lie on him, applies any of the said marks in or on any public stores. 50-51 V. c. 45. s. 4.

Fine, s. 958; see s. 709 as to offences under this and the four next following sections.

Indictment.

day of

that A. B., on the unlawfully and without lawful authority

applied a certain mark, to wit, a double tape in the warp, in and on certain stores, to wit, five hundred yards of bunting.