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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 wharves or docks, victualling or steam factory yards, is 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 labor.

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ARTICLE 467.

RECEIVING REGIMENTAL NECESSARIES, ETC., FROM SOLDIERS OR DESERTERS.

1 Every one is guilty of a misdemeanor, 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 imprisonment for any term not exceeding six months, who,

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

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

(c.) exchanges, buys or receives from any soldier any provisions, without leave in writing from the officer

1R.S.C. c. 169, ss. 2, 4; 44 and 45 Vict. c. 58, s. 156.

2 Art. 17.

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Every one is guilty of a misdemeanor, and liable, on conviction on indictment, to five years' imprisonment,2 and, on summary conviction before two justices of the peace to a penalty not exceeding one hundred and twenty dollars, and not less than sixty dollars and costs, and, in default of payment, to imprisonment for a term not exceeding six months, 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.

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ARTICLE 469.

RECEIVING, ETC., A SEAMAN'S PROPERTY.

Every one is guilty of a misdemeanor 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

1 R.S. C. c. 169, ss. 3, 4.

2 Art. 17.

R. S.C. c. 171, s. 2; 32 and 33 Vict. c. 57, s. 4.

4 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 the Parliament of the United Kingdom for the time being in force for the discipline of the Navy, subject to the provisions of such Act; R. S. C. c. 171, s. 1 (b.)

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5 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; R. S. C. c. 171, s. 1 (c.)

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 Admiralty1or Commander-in-Chief. 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 labor.

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ARTICLE 470.

NOT SATISFYING JUSTICE THAT POSSESSION OF SEAMAN'S PROPERTY IS LAWFUL.

3 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.

ARTICLE 471.

UNLAWFUL DISPOSITION OF ARMS, ETC., OF THE MILITIA FORCE.

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Every one who unlawfully disposes of or removes any arms, accoutrements or other articles belonging to the crown or a militia corps, or who refuses to deliver up the same when lawfully required, or has the same in his possession, except for lawful cause, the proof of which shall lie upon him, is liable on summary conviction to a fine of twenty dollars.

1 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, s. 1 (a.); 32 and 33 Vict. c. 57, s. 3.

2 Art. 17.

R. S. C. c. 171, s. 3; 32 & 33 Vict. c. 57 s. 5.

4 R. S. C. c. 41 s. 106.

ARTICLE 472.

UNLAWFUL DISPOSITION OF ARMS, ETC., OF THE NORTHWEST MOUNTED POLICE FORCE.

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Every one who unlawfully disposes of, receives, buys or sells, or has in his possession without lawful cause, or refuses to deliver up when thereunto lawfully required, any horse, vehicle, harness, arms, accoutrements, clothing or other thing used for the purposes of the North-West Mounted Police Force, is liable to a penalty of double the value thereof and to a further penalty not exceeding twenty-five dollars, and, in default of payment forthwith, to imprisonment for any term not exceeding three months.

2 ARTICLE 473.

CONSPIRACY TO DEFRAUD OR EXTORT.

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[Every one commits the misdemeanor of conspiracy] and is liable to seven years' imprisonment [who agrees with any other person or persons to do any act with intent to defraud the public, or any particular person, or class of persons, or to extort from any person any money or goods. Such a conspiracy may be criminal, although the act agreed upon is not in itself a crime.

Illustrations.

The following are instances of conspiracies with intent to defraud :

* A conspiracy to defraud the public by a mock auction.

5 A conspiracy to raise the price of the funds by false rumors.

6 A conspiracy to defraud the public by issuing bills in the name of a fictitious bank.

1 R. S. C. c. 45 s. 23.

2S. D. Art. 335. The offence is completed by the combination and agreement, although no step is taken in execution of the conspiracy; Thayer v. R. 5 L. N. 162.

3 Art. 17.

[R. v. Lewis, 11 Cox. C. C. 404. 5 R. v. De Berenger, 3 M. & S. 67.

6 R. v. Heven, 2 East P. C. 858.]

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[A conspiracy to induce a person to buy horses by falsely alleging that they were the property of a private person and not of a horse dealer.

2A conspiracy to induce a man to take a lower price than that for which he had sold a horse, by representing that it had been discovered to be unsound and re-sold for less than had been given for it.

A conspiracy to defraud a partner by false accounts, the fraud not being in itself criminal when it was committed.

* A conspiracy to defraud generally by getting a settling day for shares of a new company.

5 ARTICLE 474.

PRETENDING TO EXERCISE WITCHCRAFT.

"Every one commits a misdemeanor who pretends to exercise or use any kind of witchcraft, sorcery, enchantment, or conjuration, or undertakes to tell fortunes, or pretends from his skill or knowledge in any occult or crafty science to discover where or in what manner any goods or chattels supposed to have been stolen or lost may be found.

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7 ARTICLE 475.

CHEATING.

Every one commits the misdemeanor called cheating, who fraudulently obtains the property of another by any deceitful practice not amounting to felony, with practice is of such a nature that it directly affects, or may directly affect, the public at large. But it is not cheating within

1 [R. v. Kenrick, 5 Q. B. 49.

2 Carlisle's Case, Dear. 337.

3 R. v. Warburton, L. R. 1 C. C. R. 274.

4 R. v. Aspinall, L. R. 1 Q. B. D. 730.]

5 S. D. Art. 337.

6 [9 Geo. 2, c. 5, s. 4. Would it be a good defence to an indictment for this offence to prove that the defendant not only "pretended," but actually practised witchcraft? As to witchcraft, see 2 Hist. Cr. Law, 430-6.] I have left this Article in the text although it is doubtful whether or not the Act on which it is founded would be held to apply to Canada.

S. D. Art. 338.

8 By R. S. C. c. 173, s. 26 (Art. 17) every one who is convicted of fraud, cheating or conspiracy is liable, if no special punishment is provided by statute, to seven years' imprisonment. See Tasch. Cr. Stat. Law, (2nd ed.) 632-638.

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