newspaper or other mailable matter sent by post, any postage stamp which has been affixed thereon, or wilfully, with intent aforesaid, removes from any postage stamp or post card, post band or wrapper which has been previously used, any mark which has been made thereon at any post office; or

(e.) being a postmaster or other person authorized to issue money orders, issues any money order, unless he has previously received the purchase money or sum payable therefor; or

(f) being a postmaster or other officer, agent or employee of the Post Office Department, hypothecates, pledges or subjects to any lien in any shape or way, any postage stamps, stamped envelopes, post cards, post bands or wrappers entrusted to him for safe keeping, sale or issue to the public, or for any other purpose, or attempts to commit such offence.

ARTICLE 442.

FRAUDS BY OFFICERS AND MEN OF MILITIA FORCE.

3 Every one is guilty of a misdemeanor and liable to five years' imprisonment who

(a.) being an officer commanding a corps of militia

(i.) knowingly claims pay on account of any drills performed with his corps, for any man belonging to any other corps of militia; or

(ii.) includes in any parade state or other return any man not duly enrolled and attested as a militiaman; or (b.) being a non-commissioned officer or man of the militia claims or receives pay on account of any drill performed in the ranks of any other than his own

1 R. S. C. c. 35, s. 100.

2 Id. s. 102.

R. S. C. c. 41, ss. 91, 95. The offender is also liable to be tried by court martial in cases (a), (b) and (c) (ii) and in (e) (i) to be dismissed the service. The time within which an offender may be prosecuted is limited to six months; s. 112

4 Art. 17.

proper corps, or in more than one corps during the annual drill in any year ;

(c.) being an officer or non-commissioned officer of the militia

(i.) obtains, under false pretences, or retains or keeps in his own possession, with intent to apply to his own. use or benefit, any of the pay or moneys belonging to any officer or man of any corps; or

(ii) signs a false parade state, roll or pay-list, or any false return whatsoever.

ARTICLE 443.

CONSTABLES OF THE NORTH-WEST MOUNTED POLICE FORCE FRAUDULENTLY OBTAINING PENSIONS.

2 Every constable of the North-West Mounted Police Force who obtains any pension by any false representation or false evidence, or by personation, or by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, is liable, on summary conviction, to imprisonment, with or without hard labor, for a period not exceeding twelve months, or to a fine not exceeding one hundred dollars, and shall forfeit the pension obtained.

ARTICLE 444.

SELLING VESSEL OR WRECK, NOT HAVING TITLE THERETO.

3

Every one is guilty of felony, and liable to seven years' imprisonment, who sells any vessel or wreck found within the limits of Canada, not having lawful title thereto.

1 R. S. C. c. 41, s. 95.

2 52 Vict. c. 26 s. 11.

3 R. S. C. c. 81, s. 36 (d.) For definition of "wreck" see ante Art. 427 note.

1

ARTICLE 445.

OTHER OFFENCES RESPECTING WRECKS AND

MARINE STORES.

Every one is guilty of a misdemeanor, 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, 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;

(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;

(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

(.) 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.

2

Every one taking possession of wreck within the limits of Canada, who

or

(a.) fails to deliver the same to the receiver of wrecks;

(b.) whenever the Minister of Marine and Fisheries has dispensed with such delivery upon any conditions, does

1 R. S. C. c. 81, s. 37 (a.), (d.), (e.), (f.), (g.)

2 R. S. C. c. 81, s. 27.

not either comply with such conditions or deliver the wreck to such receiver as soon as possible,

forfeits any claim to salvage, and is liable to pay as a penalty double the value of such wreck, and a further sum not exceeding four hundred dollars.

1

Every person who deals in the purchase of old marine stores of any description, including anchors, cables, sails, 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 liable, on summary conviction, to a penalty of four dollars for the first offence and of six dollars for every subsequent offence.

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 liable, on summary conviction, to a penalty of five dollars for the first offence and of seven dollars for every subsequent offence.

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 a misdemeanor, and liable to five years' imprisonment. 2

ARTICLE 446.

CONCEALING GOLD OR SILVER WITH INTENT TO DEFRAUD PARTNER IN CLAIM.

3

Every one is guilty of felony and liable to seven years' imprisonment who, with intent to defraud his co-partner, co-adventurer, joint tenant or tenant in common, in any claim, or in any share or interest in any claim, secretly keeps back or conceals any gold or silver found in or upon or taken from such claim.

1 R. S. C. c. 81, s. 35. See s. 34 as to the regulations to be observed by marine store dealers and the penalty for violation thereof.

2 Art. 17.

8 R. S. C. c. 164, ss. 31, 5,

1 ARTICLE 447.

REMOVING OR CONCEALING ORES, ETC., WITH INTENT TO DEFRAUD, ETC.

2

Every one is guilty of felony, and liable to imprisonment for any term less than two years, who, being employed in or about any mine, quarry or digging, takes, removes or conceals any ore of any metal, or any quartz, lapis calaminaris, manganese, mundic, or any piece of gold, silver or other metal, or any mineral found or being in such mine, quarry or digging, with intent to defraud any proprietor of, or any adventurer in the same, or any workman or miner employed therein.

ARTICLE 448.

OTHER UNLAWFUL DEALINGS WITH GOLD AND SILVER.

Every one is guilty of a misdemeanor and liable to imprisonment for any term less than two years, who

(a.) 3 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 any 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;

4

(b) not being the owner or agent of mining claims then being worked, and not being thereunto authorized in writing by the proper officer in that behalf, named in

1 S. D. Art. 340.

2 R. S. C. c. 164, s. 26; [24 & 25 Viet. c. 96, s. 39 re-enacting earlier provisions. Passed in consequence of decision in R. v. Webb, 1 Moo. 431.]

3 R. S. C. c. 164, s. 27.

4 Id. s. 28.