1 ARTICLE 298.

ADMINISTERING POISON WITH INTENT TO INJURE.

2 Every one is guilty of a misdemeanor, and liable to three years' imprisonment, who unlawfully and maliciously administers to, or causes to be administered to or taken by, any other person, any poison or other destructive or noxious thing, with intent to injure, aggrieve or annoy such person.

3 ARTICLE 299.

CAUSING BODILY INJURIES BY EXPLOSIVES.

Every one is guilty of felony, and liable to imprisonment for life, who unlawfully and maliciously, by the explosion of gunpowder or other explosive substance, burns, maims, disfigures, disables or does any grievous bodily harm to any person.

5 ARTICLE 300.

ATTEMPTING TO CAUSE BODILY INJURIES BY EXPLOSIVES.

Every one is guilty of felony, and liable in case (a.) to

1 S. D. Art. 239 (b).

2 R. S. C. c. 162, s. 18; 24 & 25 Vict. c. 100, s. 24. [An intent to excite sexual passion is within this provision; R. v. Wilkins, L. & C. 89.]

3 S. D. Art. 236 (e).

R. S. C. c. 162, s. 21; 24 & 25 Vict. c. 100, s. 28. As to causing explosions endangering life or property, see Arts. 92, 93, 300; destroying buildings by explosives with intent to murder, Art. 289 (e); and as to offences committed by explosives involving, or with intent to do, injury to property, see Art. 570.

Every one commits a misdemeanor who encloses in any letter or other mailable matter any explosive substance, or thing likely to injure any officer of the post office (R. S. C. c. 35, s. 92); and every one incurs a penalty of five hundred dollars who sends or carries by any railway (R. S. C. c. 38, s. 61; 51 Vict. (D.) c. 29, s. 253) or ship registered in Canada (R. S. C. c. 77, s. 14) any gunpowder, dynamite, nitro-glycerine, aquafortis, oil of vitriol, or other dangerous goods, without marking their nature on the package, and giving notice to the officer or person with whom they are left or to the master or owner of the ship. 5S. D. Art. 236 (f) and Art. 237.

imprisonment for life, and in case (b.) to fourteen years' imprisonment, who unlawfully and maliciously.

(a.) with intent to burn, maim, disfigure or disable any person, or to do some grievous bodily harm to any person, (i.) causes any gunpowder or other explosive substance to explode; or

(ii.) sends or delivers to, or causes to be taken or received by, any person any explosive substance, or any other dangerous or noxious thing; or

(iii) puts or lays at any place, or casts or throws at or upon, or otherwise applies to any person, any corrosive fluid, or any destructive or explosive substance,

and whether any bodily harm is effected or not; or

2 (b.) places or throws in, into, upon, against or near any building, ship or vessel, any gunpowder or other explosive substance, with intent to do any bodily injury to any person, whether or not any explosion takes place, and whether or not any bodily injury is effected.

3 ARTICLE 301.

SETTING SPRING-GUNS AND MAN-TRAPS.

Every one is guilty of a misdemeanor and liable to three years' imprisonment who sets or places, or causes to be set or placed, any spring-gun, man-trap, or other engine calculated to destroy human life or inflict grievous bodily harm, with the intent that the same or whereby the same may destroy, or inflict grievous bodily harm upon, any trespasser or other person coming in contact therewith.

Every one who knowingly and wilfully permits any such spring-gun, man-trap or other engine which has been set or placed by some other person, in any place which is

1 R. S. C. c. 162, s. 22; 24 & 25 Vict. c. 100, s. 29.

2 R. S. C. c. 162, s. 23; 24 & 25 Vict. c. 100, s. 30. S. D. Art. 239 (e).

4 R. S. C. c. 162, s. 24; 24 & 25 Vict. c. 100, s. 31.

in, or afterwards comes into, his possession or occupation, to continue so set or placed, shall be deemed to have set or placed such gun, trap or engine, with such intent as aforesaid.

This Article does not extend to any gin or trap usually set or placed with the intent of destroying vermin.

1 ARTICLE 302.

INTENTIONALLY ENDANGERING THE SAFETY OF PERSONS ON RAILWAYS.

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

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(a.) with intent to injure or to endanger the safety of any person travelling or being upon any railway,

(i.) puts or throws upon or across such railway, any wood, stone, or other matter or thing; or

(ii.) takes up, removes or displaces any rail, railway switch, sleeper, or other matter or thing belonging to such railway, or injures or destroys any track, bridge or fence of such railway, or any portion thereof; or

(iii) turns, moves or diverts any point or other machinery belonging to such railway; or

(iv.) makes or shows, hides or removes any signal or light upon or near to such railway; or

(v.) does or causes to be done any other matter or thing with such intent; or

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(b) throws, or causes to fall or strike at, against, into or upon any engine, tender, carriage or truck used upon any railway, any wood, stone or other matter or thing, with intent to injure or endanger the safety of any person being in or upon such engine, tender, carriage or truck, or in or upon any other engine, tender, carriage or truck

1 S. D. Art. 236 (g) (h).

R. S. C. c. 162, s. 25; 24 & 25 Vict. c. 100, s. 32.

3 R. S. C. c. 162, s. 26; 24 & 25 Vict. c. 100, s. 33.

of any train, of which such first mentioned engine, tender, carriage or truck forms part.

1 ARTICLE 303.

NEGLIGENTLY ENDANGERING THE SAFETY OF PERSONS ON

RAILWAYS.

2 Every one is guilty of a misdemeanor, and liable to imprisonment for any term less than two years, who, by any unlawful act, or by any wilful omission or neglect of duty, endangers or causes to be endangered the safety of any person conveyed or being in or upon a railway, or aids or assists therein.

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3 ARTICLE 304.

INJURING PERSONS BY FURIOUS DRIVING.

Every one is guilty of a misdemeanor, and liable to imprisonment for any term less than two years, who, having the charge of any carriage or vehicle, by wanton or furious driving, or racing or other wilful misconduct, or by wilful neglect, does or causes to be done any bodily harm to any person whomsoever.

5 ARTICLE 305.

PREVENTING THE SAVING OF THE LIFE OF ANY PERSON SHIPWRECKED.

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Every one is guilty of felony, and liable to seven years'

1 S. D. Art. 240 (a).

2 R. S. C. c. 162, s. 27; 24 & 25 Vict. c. 100, s. 34. There must be a duty to do the thing omitted to be done. A promise given to do it without anything more is not sufficient; Ex parte Brydges, 18 L. C. J. 141. Every officer or servant of a railway commits a misdemeanor who directs or knowingly permits any baggage, freight, merchandise or lumber car to be placed in rear of the passenger cars (R. S. C. c. 28, s. 57; 51 Vict. (D.) c. 29, s. 291); or who is intoxicated while in charge of a locomotive engine, or acting as conductor of a car or train of cars (R. S. C. c. 38, s. 58; 51 Vict. (D.) c. 29, s. 292). As to the violation by railway officers of railway regulations, see Art. 153, note (2).

3 S. D. Art. 240 (b).

4 R. S. C. c. 162, s. 28; 24 & 25 Vict. c. 100, s. 35.

5 S. D. Art. 236 (i.)

6 R. S. C. c. 81, s. 36; 24 & 25 Vict. c. 100, s. 17.

imprisonment, who prevents or impedes, or endeavors to prevent or impede,

(a.) any shipwrecked person' in his endeavor to save his life; or

(b.) any person in his endeavor to save the life of any shipwrecked person.

ARTICLE 306.

LEAVING HOLES IN THE ICE AND EXCAVATIONS
UNGUARDED.

Every one is guilty of a misdemeanor, and liable on summary conviction to a fine or imprisonment (or both)2, who

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3 (a.) cuts or makes, or causes to be cut or made for the purpose of harvesting or obtaining ice for sale or use, any hole, opening, aperture or place, of sufficient size or area to endanger human life, through the ice on any navigable or other water open to or frequented by the public, and leaves such hole, opening, aperture or place, while it is in a state dangerous to human life, whether the same is frozen over or not, unguarded and uninclosed by a guard or fence of sufficient height and strength to prevent any person from accidentally riding, driving, walking, skating or falling therein; or

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(b.) being the owner, manager or superintendent of any abandoned or unused mine or quarry or property upon or in which any excavation in search of mines or quarries has been or is hereafter made of a sufficient area and depth to endanger human life, leaves the same unguarded and uninclosed by a guard or fence of sufficient

1 By 8. 2 (h) "shipwrecked person is defined to include any person belonging to or on board of any British or foreign vessel wrecked, stranded, or in distress at any place in Canada. The words of the Act of the United Kingdom are: Any person being on board "of or having quitted any ship or vessel," etc.