ARTICLE 569.

INJURIES TO HER MAJESTY'S VESSELS-GOODS LIABLE TO SEIZURE-CUSTOM HOUSES, ETC.

1

1 Every one is guilty of felony, and liable to imprisonment for life, 2 who

(a.) wilfully or maliciously shoots at, or attempts to destroy or damage, any vessel belonging to Her Majesty, or in the service of Canada; or

(b.) before or after the actual seizure thereof, staves. breaks or in any way destroys any goods liable to seizure or forfeiture under any law relating to customs, trade or navigation; or

(c.) scuttles, sinks or cuts adrift any vessel, or wilfully and maliciously destroys or injures by fire or otherwise any custom house or other building, in which are deposited or kept any goods that have been seized, forfeited or bonded.

3 ARTICLE 570.

INJURIES BY EXPLOSIVE SUBSTANCES.

Every one is guilty of felony, and liable to imprisonment for life in case (a), and for fourteen years in case (b), who unlawfully and maliciously

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(a.) by the explosion of gunpowder or other explosive substance, destroys, throws down or damages the whole or any part of any dwelling-house, any person being

1 R. S. C. c. 32, s. 213.

2 Art 17.

3 S. D. Art. 377 (b), 378 (e).

As to injuring ships by explosive substances, see Art. 568 (c.) See also

As to causing explosions likely to endanger life or property, Arts. 92, 93.

As to offences committed by means of explosive substances involving or with intent to do bodily injury, Arts. 299-300.

As to making explosive substances, or sending or carrying them by railway or on shipboard, note 4 to Art. 299.

4 R. S. C. c. 168, s. 13; 24 & 25 Vict. c. 97, s. 9.

therein, or of any building, whereby the life of any person is endangered; or

(b.) places or throws in, into, upon, under, against or near any building, any gunpowder or other explosive substance, with intent to destroy or damage any building, or any engine, machinery, working tools, fixtures, goods or chattels, whether or not any explosion takes place, and whether or not any damage is caused.

2 ARTICLE 571.

INJURIES TO MANUFACTURES, MACHINERY, ETC.

Every one is guilty of felony, and liable to imprisonment for life in cases (a) (i), (ii) and (iii), and (b), and to seven years' imprisonment in cases (a) (iv) and (v), who

3 (a.) unlawfully and maliciously cuts, breaks or destroys, or damages, with intent to destroy, or to render useless,

(i.) any goods or article of silk, woollen, linen, cotton, hair, mohair or alpaca, or of any one or more of those materials mixed with each other, or mixed with any other material, or any framework-knitted piece, stocking, hose or lace, being in the loom or frame, or on any machine or engine, or on the rack or tenters, or in any stage, process or progress of manufacture; or

(ii) any warp or shute of silk, woollen, linen, cotton, hair, mohair or alpaca, or of any one or more of those materials mixed with each other, or mixed with any other material; or

(iii.) any loom, frame, machine, engine, rack, tackle, tool or implement, whether fixed or movable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing or otherwise manufacturing or preparing any such goods or articles; or

1 R. S. C. c. 168. s. 14; 24 & 25 Vict. c. 97, s. 10.

2S. D. Arts. 377 (c), 380 (a).

3 R. S. C. c. 168, s. 16; 24 & 25 Vict. c. 97, s. 14.

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(iv.) any machine or engine, whether fixed or movable, used or intended to be used for sowing, reaping, mowing, threshing, ploughing or draining, or for performing any other agricultural operation; or

(v.) any machine or engine, or any tool or implement whether fixed or movable, prepared for or employed in any manufacture whatsoever except the manufacture of silk, woollen, linen, cotton, hair, mohair or alpaca goods, or goods of any one or more of those materials mixed with each other, or mixed with any other material, or any framework-knitted piece, stocking, hose or lace; or

2 (b.) by force enters into any house, shop, building or place, with intent to commit any of the offences mentioned in clauses (a) (i), (ii) and (iii).

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3 ARTICLE 572.

INJURIES TO MINES AND OIL WELLS.

Every one is guilty of felony and liable to seven years' imprisonment who unlawfully and maliciously (a.) causes any water, earth, rubbish or other substance to be conveyed or to run or fall into any mine, or into any oil well, or into any subterraneous passage communicating therewith, with intent thereby to destroy or damage such mine or well, or to hinder or delay the working thereof; or

(b.) with the like intent, pulls down, fills up or obstructs or damages with intent to destroy, obstruct or render useless, any airway, waterway, drain, pit, level or shaft of or belonging to any mine or well.

This provision does not extend to any damage committed underground by any owner of any adjoining mine

1 R. S. C. c. 168, s. 17; 24 & 25 Vict. c. 97, s. 15. [Some cases on the application of this section to imperfect machines are collected in Fisher's Digest, pp. 2591-2593]. An apparatus for manufacturing potash, consisting of ovens, kettles, tubs, etc, is not a machine or engine" within the meaning of 4 & 5 Vict. (P.C.) c. 26, s. 5; R. v. Dogherty, 2 L. C. R. 255.

2 R. S. C. c. 168 s. 16; 24 & 25 Vict. c. 97 s. 14.

3 S. D. Art. 380 (c).

4 R. S. C. c. 168, s. 30; 24 & 25 Vict. c. 97, s. 23.

or well in working the same, or by any person duly employed in such working.

1 ARTICLE 573.

INJURIES ΤΟ MACHINERY, ETC., USED FOR WORKING

2

MINES-OIL WELLS.

Every one is guilty of felony, and liable to seven years' imprisonment, who, unlawfully and maliciously,

(a.) pulls down or destroys or damages, with intent to destroy or render useless, any steam engine or other engine for sinking, draining, ventilating or working, or for in anywise assisting in sinking, draining, ventilating or working any mine or oil well, or any appliance or apparatus in connection with any such steam or other engine, or any staith, building or erection used in conducting the business of any mine or oil well, or any bridge, waggon-way or track for conveying minerals or oil from any mine or well, whether such engine, staith, building, erection, bridge, waggon-way or track is completed or in an unfinished state; or

(b.) stops, obstructs or hinders the working of any such steam or other engine, or of any such appliances or apparatus, with intent thereby to destroy or damage any mine or oil well, or to hinder, obstruct or delay the working thereof; or

(c.) wholly or partially cuts through, severs, breaks or unfastens, or damages, with intent to destroy or render useless, any rope, chain or tackle, of whatsoever material the same is made, used in any mine or oil well, or in or upon any inclined plane, railway or other way or other work whatsoever, in anywise belonging or appertaining to or connected with or employed in any mine or oil well, or the working or business thereof.

1 S. D. Art. 380 (c), (d).

2 R. S. C. c. 165, s. 31; 24 & 25 Vict. c. 97, s. 29.

1 ARTICLE 574.

INJURIES TO SEA AND RIVER BANKS, AND TO WORKS ON

2

RIVERS, CANALS, ETC.

Every one is guilty of felony, and liable to imprisonment for life, who, unlawfully and maliciously,

(a.) breaks down or cuts down, or otherwise damages or destroys, any sea bank, sea wall, dyke or aboiteau, or the bank, dam or wall of or belonging to any river, canal, drain, reservoir, pool or marsh, whereby any land or building is, or is in danger of being, overflowed or damaged; or

(b.) throws, breaks or cuts down, levels, undermines or otherwise destroys, any quay, wharf, jetty, lock, sluice, floodgate, weir, tunnel, towing-path, drain, water-course or other work belonging to any port, harbor, dock or reservoir, or on or belonging to any navigable water or canal, or any dam or structure erected to create or utilize any hydraulic power, or any embankment for the support thereof.

3 ARTICLE 575.

OTHER INJURIES TO WORKS ON RIVERS AND CANALS.

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Every one is guilty of felony, and liable to seven years' imprisonment, who, unlawfully and maliciously, (a.) cuts off, draws up or removes any piles, stone or other materials fixed in the ground and used for securing any sea bank or sea wall, or the bank, dam or wall of any river, canal, drain, aqueduct, marsh, reservoir, pool, port, harbor, dock, quay, wharf, jetty or lock; or

(b.) opens or draws up any floodgate or sluice, or does

1 S. D. Art. 377 (d), (e).

2 R. S. C. c. 168, s. 32; 24 & Vict. c. 97, s. 30. As to malicious injuries to works belonging to the Commissioners of the Harbor of Quebec, see 22 Vict. (P.C.) c. 32, s. 22.

3 S. D. Art. 380 (e), (f).

4 R. S. C. c. 168, s. 33; 24 & 25 Vict. c. 97, s. 31.