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imprisonment for any term less than two years, when the offence is not within the next preceding Article, who, having been entrusted with for the purpose of manufacture or for a special purpose connected with manufacture, or employed to make, any felt or hat, or to prepare or work up any woollen, linen, fustian, cotton, iron, leather, fur, hemp, flax or silk, or any such materials mixed with one another, or having been so entrusted, as aforesaid, with any other article, materials, fabric or thing, or with any tools or apparatus for manufacturing the same, sells, pawns, purloins, secretes, embezzles, exchanges or otherwise fraudulently disposes of the same, or any part thereof.

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ARTICLE 426.

STEALING FROM SHIPS, WHARVES, ETC.

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

(a.) steals any goods or merchandize in any vessel, barge or boat of any description whatsoever, in any haven or in any port of entry or discharge, or upon any navigable river or canal, or in any creek or basin belonging to or communicating with any such haven, port, river or canal; or

(b.) steals any goods or merchandize from any dock, wharf or quay, adjacent to any such haven, port, river, canal, creek or basin.

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3 ARTICLE 427.

STEALING WRECK.

Every one is guilty of felony and liable to seven years' imprisonment who steals any wreck."

1 S. D. Art. 325 (e.),(f.)

2 R. S. C. c. 164, s. 49; 24 & 25 Vict. c. 96, s. 63.

3 S. D. Art. 325 (g.)

4 R. S. C. c. 81, s. 36 (c.); 24 & 25 Vict. c. 96, s. 64.

5 The expression "wreck" includes cargo, stores and tackle of any such vessel and of

all parts of the vessel separated therefrom, and also the property of shipwrecked persons; R. S. C. c. 81, s. 2 (i.)

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ARTICLE 428.

STEALING THINGS DEPOSITED IN INDIAN GRAVES IN

BRITISH COLUMBIA.

Every one who, in British Columbia, steals, or without the sanction of the Lieutenant Governor of the Province, cuts, breaks, destroys, damages or removes any image, bones, article or thing deposited in or near any Indian grave, or induces or incites any other person so to do, or purchases any such article or thing after the same has been so stolen, or cut or broken, destroyed or damaged, knowing the same to have been so acquired or dealt with, is liable, on summary conviction, for a first offence, to a penalty not exceeding one hundred dollars, or to three months' imprisonment, and for a subsequent offence, to the same penalty and to six months imprisonment with hard labor.

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2 ARTICLE 429.

CLERKS AND SERVANTS.

Every one is guilty of felony and liable to fourteen years' imprisonment who, being a clerk or servant, or being employed for the purpose or in the capacity of a clerk or servant,

(a.) steals any chattel, money or valuable security belonging to or in the possession or power of his master or employer; or

(b.) fraudulently embezzles any chattel, money or valuable security, or any part thereof, delivered to or received or taken into possession by him, for or in the name or on the account of his master or employer, although such chattel, money or security was not received.

1 R. S. C. c. 164, s. 98.

2 S. D. Art. 325 (h).

3 R. S. C. c. 164, ss. 51, 52; 24 & 25 Vict. c. 96, ss. 67, 68.

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into the possession of such master or employer, otherwise than by the actual possession of his clerk, servant or other person so employed.

1 ARTICLE 430.

PUBLIC SERVANTS.

2 Every one is guilty of felony and liable to fourteen years' imprisonment who, being employed in the public service of Her Majesty, or of the Lieutenant Governor or government of any province of Canada, or of any municipality,

(a.) steals any chattel, money or valuable security belonging to or in the possession or power of Her Majesty, or of such Lieutenant Governor, government or municipality, or entrusted to or received or taken into possession by him by virtue of his employment; or

(b.) being entrusted, by virtue of such employment, with the receipt, custody, management or control of any chattel, money or valuable security, embezzles any chattel, money or valuable security entrusted to or taken into possession by him by virtue of his employment, or any part thereof, or in any manner fraudulently applies or disposes of the same, or any part thereof, to his own use or benefit, or for any purpose whatsoever except for the public service, or for the service of such Lieutenant Governor, government or municipality.

1 S. D. Art. 325 (i).

2 R. S. C. c. 164, ss. 53, 54; 24 & 25 Vict. c. 96, ss. 69, 70.

3 For any such offence any officer, clerk, or servant of any Government Savings' Bank (R. S. C. c. 121, s. 19) or of certain savings' banks in Ontario and Quebec (R. S. C. c. 122, s. 32) are liable to imprisonment for life. Every officer of the post office embezzles public money if he converts it to his own use, or invests or lends it. His neglect or refusal to pay over or transfer or disburse such moneys when required so to do by the Postmaster General is prima facie evidence of embezzlement. Every one who advises or participates in such embezzlement commits a misdemeanor and is liable to a fine equal to the amount of money embezzled and to imprisonment for a term not exceeding seven years and not less than three months; R. S. C. c. 35, s. 105. Any militiaman who leaves Canada with any article of public clothing or other public or corps property in his possession is guilty of embezzlement; R. S. C. c. 41, s. 56.

ARTICLE 431.

PUBLIC SERVANTS REFUSING TO DELIVER UP CHATTELS, MONEYS, OR BOOKS, ETC., LAWFULLY DEMANDED

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OF THEM.

Every one who, being employed in the public service of Her Majesty or of the lieutenant governor or government of any province of Canada, or of any municipality, and entrusted by virtue of such employment with the keeping, receipt, custody, management or control of any chattel, money, valuable security, book, paper, account or document, refuses or fails to deliver up the same to any one authorized to demand it, is guilty of a fraudulent embezzlement thereof, and liable to fourteen years' imprisonment.

ARTICLE 432.

BANK OFFICERS AND SERVANTS.

2 Every one is guilty of felony, and liable to imprisonment for life or for any term not less than two years, who, being a cashier, assistant cashier, manager, officer, clerk or servant of any bank, or savings bank, secretes, embezzles or absconds with, any bond, obligation, bill obligatory or of credit, or other bill or note, or any security for money, or any money or effects entrusted to him as such cashier, assistant cashier, manager, officer, clerk, or servant, whether the same belongs to the bank or belongs to any person, body corporate, society or institution, and is lodged with such bank.

1 R. S. C. c. 164, s. 55. As to such offences committed by postmasters, see R. S. C. c. 35, s. 101: and by members of the North West Mounted Police Force in respect of clothing, arms, etc,, when dismissed or discharged, R. S. C. c. 45, 8, 22.

2 R. S. C. c. 164, s. 59; R. v. Cummings, 16 U. C. Q. B. 15, and R. v. Glass, 1 L. N. 41, are instances of embezzlement by clerks of banks. Section 59 is, in The Revised Statutes, included with the provisions relating to frauds by agents, bankers or factors, and is one of the twelve sections mentioned in s. 71 and of the thirteen sections mentioned in s. 72 of that chapter. It will be observed, however, that the offence is a felony and not a misdemeanor. See Art. 477.

1 ARTICLE 433.

TENANTS AND LODGERS.

2 Every one who steals any chattel or fixture let to be used by him, or her, in or with any house or lodging, whether the contract has been entered into by him or her, or by her husband, or by any person on behalf of him or her or her husband, is guilty of felony, and liable to imprisonment for any term less than two years; and

if the value of such chattel or fixture exceeds the sum of twenty-five dollars, is liable to seven years' imprisonment.

ARTICLE 434.

BRINGING STOLEN PROPERTY INTO CANADA.

3 Every one who brings into Canada, or has in his possession therein, any property stolen, embezzled, converted or obtained by fraud or false pretences in any other country, in such manner that the stealing, embezzling, converting or obtaining it in like manner in Canada would, by the laws of Canada, be a felony or misdemeanor, knowing it to have been so stolen, embezzled or converted, or unlawfully obtained, is guilty of an offence of the same nature and punishable in like manner as if the stealing, embezzling, converting or unlawfully obtaining such property had taken place in Canada.

1 S. D. Art. 326.

2 R. S. C. c. 164 s. 57; 24 & 25 Vic. c. 96, s. 74. As to the fraudulent removal of goods by tenants, contrary to 11 Geo. 2, c. 19, s. 4, to prevent distress, see R. v. Lackie, 7 O. R. 431. 3 R. S. C. c. 164, s. 88; 24 & 25 Vict. c. 96, s. 114. R. v. Hill, 5 All. 630, in which it was held that there must be evidence that the goods were stolen according to the law of the place where the act was committed, was decided under R. S. N. B. c. 158, s. 8, which differed materially from the provision on which this Article is founded. See note, p. 632, in which R. v. Hennessey, 35 U. C. Q. B. 603 is cited.

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