fraud, by taking, by embezzling, by obtaining by false pretences, or in any other manner whatsoever, appropriates to his own use or to the use of any other person, any property whatsoever, so as to deprive any other person temporarily or absolutely of the advantage, use or enjoyment of any beneficial interest in such property in law or in equity, which such other person has therein, is guilty of a misdemeanor, and liable to seven years' imprisonment.

If the value of such property exceeds two hundred dollars, the offender is liable to fourteen years' imprison

ment.

ARTICLE 397.

ADDITIONAL PUNISHMENT WHEN VALUE OF PROPERTY EXCEEDS TWO HUNDRED DOLLARS.

1

Every one who is convicted of an offence against The Larceny Act by stealing, embezzling, or obtaining by false. pretences any property whatsoever, the value of which is over two hundred dollars, is liable to seven years' imprisonment, in addition to any punishment to which he is otherwise liable for such offence.

2 ARTICLE 398.

VALUABLE SECURITIES.

3 Every one who steals, or for any fraudulent purpose destroys, cancels, obliterates or conceals the whole or any part of any valuable security, other than a document of

3

however, was not in the same terms as s. 85; R. v. Warner. 7 R. L. 116; R. v. Horseman, 4 P. & B. 529; R. v. Martin, 3 G. &. O. 124. For the definition of "property see s. 2 (e). Ante p. 6. It includes stamps issued by authority of Parliament or a Legislature. See also as to stealing stamps intended to be affixed to certificates issued under The Gas Inspection Act, R. S. C. c. 101, s. 45.

1 R. S. C. c. 164, s. 86.

2 S. D. Art. 323.

3 R. S. C. c. 164, s. 12; 24 & 25 Vict. c. 96, s. 27. The word "conceals" is not in the English Act. For definition of the expression valuable security, see R. S. C. c. 164, s. 2 (d.) ante p. 7.

Y

title to land, commits felony of the same nature and in the same degree, and punishable in the same manner as if he had stolen any chattel of the like value with the share, interest, or deposit to which the security so stolen relates, or with the money due on the security so stolen or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing represented, mentioned, or referred to in or by the security.

ARTICLE 399.

TESTAMENTARY INSTRUMENTS.

2 Every one is guilty of felony and liable to imprisonment for life who, either during the life of the testator or after his death, steals or, for any fraudulent purpose, destroys, cancels, obliterates or conceals the whole or any part of any will, codicil or other testamentary instrument, whether the same relates to real or personal property, or to both.

4

3 ARTICLE 400.

DOCUMENT OF TITLE TO LANDS.

Every one is guilty of felony and liable to three years' imprisonment who steals or, for any fraudulent purpose, destroys, cancels, obliterates or conceals the whole or any part of any document of title to lands.

5 ARTICLE 401.

OFFENDERS AGAINST PROVISIONS OF ARTICLES 399, 400, NOT LIABLE TO CONVICTION IN CERTAIN CASES.

No person is liable to be convicted of any felony

1 S. D. Art. 324 (a.)

2 R. S. C. c. 164, s. 14; 24 & 25 Vict. c. 96, s. 29. For definition of " testamentary instrument see R. S. C. c. 164, s. 2 (i.) ante p. 6.

3 S. D. Art. 327 (a.)

4 R. S. C. c. 164, s. 13; 24 & 25 Vict. c. 96, s. 28. For definition of "document of title to lands," see R. S. C. c. 164, s. 2 (b.) ante p. 5.

5 S. D. Art. 323; but the provision does not apply to that Article which represents 24 & 25 Vict. c. 96, s. 27. It applies to the felonies mentioned in ss. 28, 29.

6 R. S. C. c. 164, s. 14 (3); 24 & 25 Vict. c. 96, s. 29.

mentioned in Articles 399, 400, by any evidence whatever, in respect of any act done by him, if he has, at any time previously to his being charged with such offence, first disclosed such act, on oath, in consequence of any compulsory process of any court, in any action, suit or proceeding bonâ fide instituted by any person aggrieved, or if he has first disclosed the same in any compulsory examination or deposition before any court upon the hearing of any matter in bankruptcy or insolvency.

2

1 ARTICLE 402.

JUDICIAL OR OFFICIAL DOCUMENTS.

Every one is guilty of felony and liable to three years' imprisonment who steals or, for any fraudulent purpose, takes from its place of deposit, for the time being, or from any person having the custody thereof, or unlawfully and maliciously cancels, obliterates, injures or destroys the whole or any part of any record, writ, return, affirmation, recognizance, cognovit actionem, bill, petition, answer, decree, panel, process, interrogatory, deposition, affidavit, rule, order or warrant of attorney, or of any original document whatsoever, of or belonging to any court of justice, or relating to any cause or matter, begun, depending or terminated in any such court, or of any original document in anywise relating to the business of any office or employment under Her Majesty, and being or remaining in any office appertaining to any court of justice, or in any government or public office.

1 S. D. Art. 327 (b.)

2 R. S. C. c. 164, s. 15; 24 & 25 Vict. c. 96, s. 30. The 26th section of the statute C. S. C. c. 92 contained the words "any notarial minute or the original of any other authentic Act." This was held not to include an authentic copy of an Acte or deed passed before a notary; R. v. McGinnis, 7 L. C. J. 311.

3 The Police Court of the City of Toronto is a Court of Justice within R. S. C. c. 164, s. 15, and it is a felony to maliciously destroy a record thereof; R. v. Mason; 22 U. C. C. P. 246.

ARTICLE 403.

STEALING POST LETTERS, ETC.-STOPPING MAILS WITH INTENT TO ROB OR SEARCH-ISSUING MONEY

1

ORDERS FRAUDULENTLY.

Every one is guilty of felony and liable as a maximum punishment to imprisonment for life in cases (a), (b), (c), (d) (e), (h), (i) and (j); for seven years in case (k), and for five years in cases (f) and (g), who does any of the following acts, that is to say:

2(a) steals, embezzles, secretes or destroys any post letter3 containing any chattel, money or valuable security;'

5 (b) steals from or out of a post letter3 any chattel, money or valuable security; *

6

4

(c) steals a post letter bag;7

1 R. S. C. c. 35, ss. 79-85, 88. The minimum punishment only is given in ss. 83, 84, 85 (h.), (i.) and (.)

2R S. C. c. 35, s. 79.

3 The expression "post letter" means any letter transmitted or deposited in any post office to be transmitted by the post or delivered through the post, or deposited in any letter box put up anywhere under the authority of the Postmaster-General to be transmitted or delivered through the post-and a letter shall be deemed a post letter from the time of its being so deposited or delivered at a post office, to the time of its being delivered to the person to whom it is addressed; and a delivery to any person authorized to receive letters for the post shall be deemed a delivery at the post office; and a delivery of any letter or other mailable matter at the house or office of the person to whom the letter is addressed, or to him, or to his servant or agent, or other person considered to be authorized to receive the letter or other mailable matter, according to the usual manner of delivering that person's letters, shall be a delivery to the person addressed. R. S. C. c. 35, s. 2 (i.)

4 The expression "valuable security" includes the whole or any part of any tally, order or other security or document whatsover entitling or evidencing the title of any person to any share or interest in any public stock or fund, whether of Canada, or of the United Kingdom, or of any British colony or possession, or of any foreign country, or in any fund or stock of any body corporate, company or society in Canada or elsewhere, or to any deposit in any savings' bank, or the whole or any part of any debenture, deed, bond, post office money order, bank note, bill, note, cheque, warrant or order or other security for the payment of money, or for the delivery or transfer of any goods, chattels or valuable thing, whether in Canada or elsewhere. Id. s. 2 (m.)

5 Id. s. 80.

6 Id. s. 81.

7 The expression "post letter bag" includes a mail bag or box, or packet or parcel, or other envelope or covering in which mailable matter is conveyed, whether it does or does not actually contain mailable matter. Id. s. 2 (k.)

1

(d) steals a post letter from a post letter bag, or from any post office, or from any officer or person employed in any business of the Post Office of Canada, or from a mail; 3

4

5

(e) stops a mail with intent to rob or search the same; (f) steals, embezzles, secretes or destroys any post letter;

(g) unlawfully opens any post letter bag, or unlawfully takes any letter out of such bag;

7(h) receives any post letter or post letter bag, or any chattel, money or valuable security, parcel or other thing, the stealing, taking, secreting or embezzling whereof is hereby declared to be felony, knowing the same to have been feloniously stolen, taken, secreted or embezzled ;

(i) steals, embezzles or secretes any parcel sent by parcel post, or any article contained in any such parcel; (j) unlawfully issues any money order with a fraudulent intent; or

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(k) steals, purloins, embezzles or obtains by any false pretence any key suited to any lock adopted for use by the Post Office Department, and in use on any Canada mail or mail bag, or aids or assists therein.

The minimum term of imprisonment is limited in cases (a), (b), (c), (d), (e) and (h) to five years; in cases (ƒ), (i), (j) to three years, and in case (k) to two years.

1 R. S. C. c. 35, ss. 81, 2 (h.)

2 The expression "post office" means any building, room, street letter box, receiving box or other receptacle or place where post letters or other mailable matter are received or delivered, sorted, made up or despatched. Id. s. 2(7.)

The expression "mail" includes every conveyance by which post letters are carried, whether it is by land or by water. Id. s. 2(f.)

4 Id. s. 81.

6 Id. s. 79.

6 Id. s. 82.

7 Id. s. 84.

8 Id. s. 83.

" Id. s. 85. As to a postmaster or other person authorized to issue money orders issuing

any such order before he receives the money payable therefor, see Art. 441 (e.)

10 Id. s. 88.