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386. Every one is guilty of an indictable offence and liable to two years' imprisonment who, with intent to conceal Her Majesty's property in any public stores, takes out, destroys or obliterates, wholly or in part, any of the said marks. 50-51 V. c. 45, s. 5.

Fine, s. 958.
Indictment.-

The jurors for our lady the Queen

present that J. S., on the first day of June, in the year of our Lord unlawfully, with intent to conceal Her Majesty's property in the stores hereinafter mentioned, took out ("takes out, destroys, or obliterates, wholly or in part") from 100 yards of canvas, which said canvas was then stores of and belonging to Her Majesty, and under the care, superintendence and control of the (as the case may be), a certain mark, to wit, a blue line in a serpentine form, which said mark was then applied on the said canvas in order to denote Her said Majesty's property therein.

387. Every one who, without lawful authority the proof of which lies on him, receives, possesses, keeps, sells or delivers any public stores bearing any such mark, is guilty of an indictable offence and liable on conviction on indictment to one year's imprisonment and, if the value thereof does not exceed twenty-five dollars, on summary conviction, before two justices of the peace, to a fine of one hundred dollars or to six months' imprisonment, with or without hard labour. 50-51 V. c. 45, ss. 6 & 8.

Fine, s. 958.
Indictment.-

,

that T. V., on the day of without lawful authority, unlawfully possessed ("receives, possesses, keeps, sells, or delivers") five hundred yards of canvas, which said canvas was then naval stores of and belonging to Her Majesty, and then bore a certain mark ("any such mark as aforesaid,"), to wit, a blue line in a serpentine form, then applied thereon, in order to denote Her Majesty's property in naval stores so marked, the said T. V., then well knowing the said canvas to bear the said mark.

388. Every one, not being in Her Majesty's service, or a dealer in marine stores or a dealer in old metals, in whose possession any public stores bearing any such mark are found who, when taken or summoned before two justices of the peace, does not satisfy such justices that he came lawfully by such stores so found, is guilty of an offence and liable, on summary conviction, to a fine of twenty-five dollars; and

2. If any such person satisfies such justices that he came lawfully by the stores so found, the justices, in their discretion, as the evidence given or the circumstances of the case require, may summon before them every person through whose hands such stores appear to have passed; and

3. Every one who has had possession thereof, who does not satisfy such justices that he came lawfully by the same, is liable, on summary conviction of having had possession thereof, to a fine of twenty-five dollars, and in default of payment to three months' imprisonment with or without hard labour. 50-51 V. c. 45, s. 9.

Having in possession, defined, s. 3.

389. Every one who, without permission in writing from the Admiralty, or from some person authorized by the Admiralty in that behalf, creeps, sweeps, dredges, or otherwise searches for stores in the sea, or any tidal or inland water, within one hundred yards from any vessel belonging to Her Majesty, or in Her Majesty's service, or from any mooring place or anchoring place appropriated to such vessels, or from any mooring belonging to Her Majesty, or from any of Her Majesty's wharfs or docks, victualling or steam factory yards, is guilty of an offence and liable, on summary conviction before two justices of the peace, to a fine of twenty-five dollars, or to three months" imprisonment, with or without hard labour. 50-51 V. c. 45, ss. 11 & 12.

RECEIVING SOLDIERS' OR SAILORS' NECESSARIES.

390. Every one is guilty of an indictable offence and liable on conviction on indictment to five years' imprisonment, and on summary conviction before two justices of the peace to a penalty not exceeding forty dollars, and not less than twenty dollars and costs, and, in default of payment, to six months' imprisonment, with or without hard labour, who—

(a) buys, exchanges or detains, or otherwise receives from any soldier, militiaman or deserter any arms, clothing or furniture belonging to Her Majesty, or any such articles belonging to any soldier, militiaman or deserter as are generally deemed regimental necessaries according to the custom of the army; or

(b) causes the colour of such clothing or articles to be changed; or

(c) exchanges, buys or receives from any soldier or militiaman any provisions, without leave in writing from the officer commanding the regiment or detachment to which such soldier belongs. R. S. C. c. 169, ss. 2 & 4.

391. Every one is guilty of an indictable offence and liable, on conviction on indictment, to five years' imprisonment, and on summary conviction before two justices of the peace to a penalty not exceeding one hundred and twenty dollars, and not less than twenty dollars and costs, and in default of payment to six months' imprisonment, who buys, exchanges or detains, or otherwise receives, from any seaman or marine, upon any account whatsoever, or has in his possession, any arms or clothing, or any such articles, belonging to any seaman, marine or deserter, as are generally deemed necessaries according to the custom of the navy. R. S. C. c. 169, ss. 3 & 4.

Fine, s. 958. "Having in possession" defined, s. 3; see next section. These four sections, 390, 391, 392, 393, should form only one.

392. Every one is guilty of an indictable offence who detains, buys, exchanges, takes on pawn or receives, from any seaman or any person acting for a seaman, any seaman's property, or solicits or entices any seaman, or is employed by any seaman to sell, exchange or pawn any seaman's property, unless he acts in ignorance of the same being seaman's property, or of the person with whom he deals being or acting for a seaman, or unless the same was sold by the order of the Admiralty or Commander-in-Chief.

2. The offender is liable, on conviction on indictment to five years' imprisonment, and on summary conviction to a penalty not exceeding one hundred dollars; and for a second offence, to the same penalty, or, in the discretion of the justice, to six months' imprisonment, with or without hard labour.

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3. The expression seaman means every person, not being a commissioned, warrant or subordinate officer, who is in or belongs to Her Majesty's navy, and is borne on the books of any one of Her Majesty's ships in commission, and every person, not being an officer as aforesaid, who, being borne on the books of any hired vessel in Her Majesty's service, is, by virtue of any Act of Parliament of the United Kingdom for the time being in force for the discipline of the navy, subject to the provisions of such Act.

4. The expression "seaman's property " means any clothes, slops, medals, necessaries or articles usually deemed to be necessaries for sailors on board ship, which belong to any seaman.

5. The expression "Admiralty" means the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral. R. S. C. c. 171, ss. 1 & 2.

393. Every one in whose possession any seaman's property is found who does not satisfy the justice of the peace before whom he is taken or summoned that he came by such property lawfully is liable, on summary conviction, to a fine of twenty-five dollars. R. S. C. c. 171, s. 3.

"Having in possession" defined, s. 3.

CONSPIRACY TO DEFRAUD. (New).

394. Every one is guilty of an indictable offence and liable to seven years' imprisonment who conspires with any other person, by deceit or falsehood or other fraudulent 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.

Sections 613, 616, as to indictment.

This is a common law misdemeanour;

Indictment.

that A. B. and C. D., on

un

lawfully, fraudulently and deceitfully did conspire and agree together to defraud the public by falsely

Chit. 1139, 1164.

: 3

A conspiracy for concealing treasure trove might, perhaps, be indictable under this section. By s. 3, the word person includes Her Majesty. As to the offence of concealing treasure trove, see R. v. Thomas, Warb. Lead. Cas. 79.

CHEATING AT PLAY, ETC.

395. Every one is guilty of an indictable offence and liable to three years' imprisonment who, with intent to defraud 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. (Amended). 8-9 V. c. 109, s. 17 (Imp.).

Fine, s. 958; ss. 613, 616, as to indictment.

Indictment.

that A. B., on

in playing at and with cards (any game) unlawfully did, with intent to defraud C. D., and others, cheat, (or unlawfully did by fraud and cheating win from the said C. D. a sum of one hundred dollars.)

See R. v. Moss, Dears. & B. 104; R. v. Hudson, Bell, 263; R. v. Rogier, 2 D. & R. 431; R. v. Bailey, 4 Cox, 392; R. v. O'Connor, 15 Cox, 3.

The Imperial Act, 14 & 15 V. c. 100, s. 29 (Lord Campbell's Act,) also provides for the punishment of cheats, frauds and conspiracies, not otherwise specially provided. for.

In R. v. Roy, 11 L. C. J. 89, Mr. Justice Drummond said: "The only cheats or frauds punishable at common law are the fraudulent obtaining of the property of another by any deceitful and illegal practice, or token, which affects or may affect the public, or such frauds as are levelled against the public justice of the realm."

It is not every species of fraud or dishonesty in transactions between individuals which is the subject matter of a criminal charge at common law : 2 East, P. C. 816.

Fraud, to be the object of criminal prosecution, must be of that kind which in its nature is calculated to defraud numbers, as false weights or measures, false tokens, or where there is a conspiracy; per Lord Mansfield: R. v. Wheatly, 2 Burr. 1125.

So cheats, by means of a bare lie, or false affirmation in a private transaction, as if a man selling a sack of corn falsely affirms it to be a bushel, where it is greatly deficient, has been holden not to be indictable: R. v. Pinkney, 2 East, P. C. 818.

So, in R. v. Channell, 2 East, P. C. 818, it was held that a miller charged with illegally taking and keeping corn could not be criminally prosecuted.

And in R. v. Lara, cited in 2 East, P. C. 819, it was held that selling sixteen gallons of liquor for and as eighteen gallons, and getting paid for the eighteen gallons, was an unfair dealing and an imposition, but not an indictable offence.

The result of the cases appears to be, that if a man sell by false weights, though only to one person, it is an indictable offence, but if, without false weights, he sell, even to many persons, a less quantity than he pretends to do, it is not indictable: 2 Russ. 610; R. v. Eagleton, Dears. 376, 515.

If a man, in the course of his trade, openly and publicly carried on, were to put a false mark or token upon an article, so as to pass it off as a genuine one, when in fact it was only a spurious one, and the article was sold and money obtained by means of that false token or mark, that would be a cheat at common law, but the indictment, in such a case, must show clearly that it was by means of such false token that the defendant obtained the money: by Chief Justice Cockburn, in R. v. Closs, Dears. & B. 460.

Offences of this kind would now generally fall under the "Trade Marks Offences," s. 443, post.

Frauds and cheats by forgeries or false pretenses are also regulated by statute.

All frauds affecting the crown or the public at large are indictable, though arising out of a particular transaction or contract with a private party. So the giving to any person

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