ARTICLE 404.

STEALING MAILABLE MATTER OTHER THAN POST LETTERS.

1

Every one is guilty of a misdemeanor, and liable to five years' imprisonment who steals or for any purpose embezzles or secretes any printed vote or proceeding, newspaper, printed paper or book, packet or package of patterns or samples of merchandise or goods, or of seeds, cuttings, bulbs, roots, scions or grafts, or any post card or other mailable matter," not being a post letter sent by mail.

4

ARTICLE 405.

ELECTION DOCUMENTS.

Every one is guilty of a felony, and liable to a fine, in the discretion of the court, or to seven years' imprisonment, or to both fine and imprisonment, who steals, or unlawfully (or maliciously), either by violence or stealth, takes from any person having the lawful custody thereof, or from its lawful place of deposit for the time being, or aids, counsels or assists in so stealing or taking, any writ of election, or any return to a writ of election, or any (indenture) poll-book, voters' list, certificate, affidavit or report, or any document or paper made, prepared or drawn out according to or for the requirements of any law in regard to dominion, provincial, municipal or civic elections.

5

ARTICLE 406.

RAILWAY TICKETS.

Every one is guilty of felony, and liable to imprison

1 R. S. C. c. 35, s. 90.

2 Art. 17.

3 The expression "mailable matter " includes any letter, packet, parcel, newspaper book or other thing which by The Post Office Act, or by any regulation made in pursuance f it, may be sent by post; R. S. C. c. 35, s. 2 (j.)

4 R. S. C. c. 8, s. 102; c. 164, s. 56. The words in parentheses are not in R. S. C. c. 8, s. 102. 5 R. SC. c. 164, s. 16.

ment for any term less than two years, who steals any railway or steamboat ticket, or any order or receipt for a passage on any railway or in any steamer or other vessel.

1 ARTICLE 407.

CATTLE.

2 Every one is guilty of felony, and liable to fourteen years' imprisonment, who

(a.) steals any cattle; or

(b.) wilfully kills any animal with intent to steal the carcase, skin or any part of the animal so killed, provided the offence of stealing such animal is felony.

4

3 ARTICLE 408.

DOGS, BIRDS, BEASTS AND OTHER ANIMALS.

Every one who

(a.) steals any dog, or any bird, beast or other animal ordinarily kept in a state of confinement or for any domestic purpose, or for any lawful purpose of profit or advantage, not being the subject of larceny at common law; or

(b.) wilfully kills any such dog, bird, beast or animal, with intent to steal the same, or any part thereof,

Is liable, on summary conviction, to a penalty not exceeding twenty dollars over and above the value of the dog, bird, beast or other animal, or to one month's imprisonment with hard labor.

Every one who, having been convicted of any such offence, afterwards commits any such offence, is liable to three months' imprisonment with hard labor.

1 S. D. Arts. 322, 325 (a.)

2 R. S. C. c. 164, ss. 7, 8; 24 & 25 Vict. c. 96, ss. 10, 11. For definition of cattle, see R. S. C. c. 161, s. 2 (f) ante p. 3.

3 S. D. Art. 328 (a), (d.)

4 R. S. C. c. 164, s. 9; 24 & 25 Vict. c. 96, ss. 18, 21.

2

Every one who unlawfully and wilfully kills, wounds or takes any house-dove or pigeon under such circumstances as do not amount to larceny at common law, is liable, on summary conviction, to a penalty not exceeding ten dollars over and above the value of the bird.

4

3 ARTICLE 410.

OYSTERS.

Every one is guilty of felony, and liable to seven years' imprisonment, who steals any oysters or oyster brood from any oyster bed, laying or fishery, being the property of any other person, and sufficiently marked out or known as such.

Every one is guilty of a misdemeanor, and liable to three months' imprisonment, who unlawfully and wilfully uses any dredge or net, instrument or engine whatsoever, within the limits of any oyster bed, laying or fishery, being the property of any other person, and sufficiently marked out or known as such, for the purpose of taking oysters or oyster brood, although none are actually taken, or unlawfully and wilfully with any net, instrument or engine, drags upon the ground of any such fishery.

Nothing herein applies to any person fishing for or catching any floating fish within the limits of any oyster fishery with any net, instrument or engine adapted for taking floating fish only.

1 S. D. Art. 328 (f.)

2 R. S. C. c. 161, s. 10; 24 & 25 Vict. c. 96, s. 23.

3 S. D. Arts. 327 (e), 328 (g.)

4 R. S. C. c. 164, ss. 11, 5; 24 & 25 Vict. c. 96, s. 26. As to injuring or disturbing oyster beds contrary to The Fisheries Act, see R. S. C. c. 95, s. 21 (6.)

1 ARTICLE 411.

THINGS FIXED TO BUILDINGS OR IN LAND.

2 Every one is guilty of felony and liable to seven years' imprisonment who steals, or rips, cuts, severs or breaks, with intent to steal, any glass or woodwork belonging to any building whatsoever, or any lead, iron, copper, brass or other metal, or any utensil or fixture, whether made of metal or other material, or of both, respectively fixed in or to any building whatsoever, or anything made of metal fixed in any land, being private property, or for a fence to any dwelling house, garden or area, or in any square or street, or in any place dedicated to public use or ornament, or in any burial ground.3.

ARTICLE 412.

TREES IN PLEASURE GROUNDS, ETC., OF FIVE DOLLARS' VALUE-TREES ELSEWHERE OF TWENTY

5

FIVE DOLLARS' VALUE.

Every one is guilty of felony and liable to seven years' imprisonment who steals, or cuts, breaks, roots up or otherwise destroys or damages, with intent to steal, the whole or any part of any tree, sapling or shrub, or

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

2 R. S. C. c. 164, ss. 17, 5; 24 & 25 Vict. c. 96, s. 31.

3 [The words "burial ground" were added to do away with a doubt expressed by Baron Bramwell (R. v. Jones, D. & B. 558) as to whether a churchyard was a "public place' within 7 & 8 Geo. 4. c. 29, s. 44. The other judges did not share this doubt. The present enactment does not absolutely remove it, as there are many churchyards which are not burial grounds. However, the case of R. v. Jones, distinctly decided the point.] An offender against this and the next two Articles cannot be convicted on any evidence disclosed by him on oath in consequence of the compulsory processs of any court in any action instituted by any person aggrieved; R. S. C. c. 164, s. 20 (2).

4 S. D. Art. 327 (d).

5 R. S. C. c. 164, ss. 18, 5; 24 & 25 Vict. c. 96, s. 32. [The section is re-arranged for the sake of brevity. The change also represents the sense, for it has been held that in estimating the damage done the value of several trees injured at the same time may be put together; R. v. Shepherd, L. R.1 C. C. R. 118.]

any underwood, if the value of the article or articles stolen, or the amount of the injury done, exceeds the sum of twenty-five dollars; or exceeds the sum of five dollars if the article or articles stolen or damaged grows in any park, pleasure ground, garden, orchard or avenue, or in any ground adjoining or belonging to any dwellinghouse.

2

1 ARTICLE 413.

TREES OF THE VALUE OF TWENTY-FIVE CENTS.

Every one who steals, or cuts, breaks, roots up, or otherwise destroys or damages, with intent to steal, the whole or any part of any tree, sapling or shrub, or any underwood, the value of the article stolen, or the amount of the damage done, being twenty-five cents at the least, is liable, on summary conviction, to a penalty not exceeding twenty-five dollars over and above the value of the article stolen or the amount of the injury done.

Every one who, having been convicted of any such offence, afterwards commits any such offence, is liable, on summary conviction, to three months' imprisonment with hard labor.

Every one who, having been twice convicted of any such offence, afterwards commits any such offence, is guilty of felony, and liable to seven years' imprisonment.

ARTICLE 414.

RECEIVING STOLEN TREES EXCEEDING IN VALUE TEN

3

DOLLARS.

Every one is guilty of a misdemeanor and liable to the same punishment as the principal offender, who receives or purchases any tree or sapling, or any timber

1 S. D. Art. 323 (h.)

R. S. C. c. 164, ss. 19, 5; 24 & 25 Vict. c. 96, s. 33.

3 R. S. C. c. 164, s. 20. See Chapter XLI, p. 380.