made therefrom, exceeding in value the sum of ten dollars, knowing the same to have been stolen or unlawfully cut or carried away.

1

ARTICLE 415.

TIMBER FOUND ADRIFT.

Every one is guilty of a misdemeanor and liable to seven years' imprisonment

(a.) who, without the consent of the owner thereof,

(i.) takes, holds, keeps in his possession, collects, conceals, receives, appropriates, purchases, sells or causes or procures or assists to be taken possession of, collected, concealed, received, appropriated, purchased or sold, any timber, mast, spar, saw-log or other description of lumber which is found adrift in, or cast ashore on the bank or beach of, any river, stream or lake; or

(ii.) wholly or partially defaces or adds, or causes or procures to be defaced or added, any mark or number on any such timber, mast, spar, saw-log or other description of lumber, or makes or causes or procures to be made any false or counterfeit mark on any such timber, mast, spar, saw-log or other description of lumber; or

(b.) refuses to deliver up to the proper owner thereof, or to the person in charge thereof, on behalf of such owner, or authorized by such owner to receive the same, any such timber, mast, spar, saw-log or other description of lumber.

3

2 ARTICLE 416.

FENCES-STILES-GATES.

Every one who steals, cuts or breaks or throws down, with intent to steal, any part of any live or dead fence, or any wooden post, pale, wire or rail set up or used as a

1 R. S. C. c. 164, ss. 87, 5. See Art. 537.

2 S. D. Art. 328 (i).

3 R. S. C. c. 164, s. 21; 24 & 25 Vict. c. 96, s. 34.

fence, or any stile or gate, or any part thereof respectively, is liable, on summary conviction, to a penalty not exceeding twenty dollars, over and above the value of the article or articles so stolen or the amount of the injury done.

Every one who, having been convicted of any such offence, afterwards commits any such offence is liable, on summary conviction, to three months' imprisonment with hard labor.

1 ARTICLE 417.

FAILING TO SATISFY JUSTICE THAT POSSESSION OF TREE, ETC., IS LAWFUL.

2

Every one who, having in his possession, or on his premises with his knowledge, the whole or any part of any tree, sapling or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, wire, rail, stile or gate, or any part thereof, of the value of twenty-five cents at the least, is taken or summoned before a justice of the peace, and does not satisfy such justice that he came lawfully by the same, is liable, on summary conviction, to a penalty not exceeding ten dollars, over and above the value of the article so in his possession or on his premises.

4

3 ARTICLE 418.

ROOTS, PLANTS, ETC., GROWING IN GARDENS, ETC.

Every one who steals or destroys, or damages with intent to steal, any plant, root, fruit or vegetable production growing in any garden, orchard, pleasure ground,

1 S. D. Art. 328 (j).

2 R. S. C. c. 164, s. 22; 24 & 25 Vict. c. 96, s. 35.

"Cordwood" is not the whole or any

part of a tree within the statute; R. v. Caswell, 33 U. C. Q. B. 303.

3 S. D. Art. 328 (k).

4 R. S. C. c. 164, ss. 23, 5; 24 & 25 Vict. c. 96, s. 36. McDonald v. Cameron, 4 U. C. Q. B. 1.

nursery ground, hot-house, green-house or conservatory, is liable, on summary conviction, to a penalty not exceeding twenty dollars, over and above the value of the article so stolen or the amount of the injury done, or to one month's imprisonment with or without hard labor. Every one who, having been convicted of any such offence, afterwards commits any such offence, is guilty of felony, and liable to seven years' imprisonment.

1 ARTICLE 419.

ROOTS, PLANTS, ETC., GROWING ELSEWHERE THAN IN GARDENS, ETC.

2

Every one who steals, or destroys or damages with intent to steal, any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the course of any manufacture, and growing in any land, open or enclosed, not being a garden, orchard, pleasure ground, or nursery ground, is liable, on summary conviction, to a penalty not exceeding five dollars, over and above the value of the article so stolen or the amount of the injury done, or to one month's imprisonment with hard labor.

Every one who, having been convicted of any such offence, afterwards commits any such offence, is liable to three months' imprisonment with hard labor.

4

3 ARTICLE 420.

ORES OF METALS.

Every one is guilty of felony and liable to imprisonment for any term less than two years who steals, or

1 S. D. Art. 328 (1).

2 R. S. C. c. 164, s. 24; 24 & 25 Vict. c. 96, s. 37.

3 S. D. Art. 327 A.

4 R. S. C. c. 164, s. 25; 24 & 25 Vict. c. 96, s. 33.

see Arts. 446, 447 and 448.

5

For other offences respecting metals,

5 The possession, contrary to the provisions of any law in that behalf, of any smelted

severs with intent to steal the ore of any metal, or any quartz, lapis calaminaris, manganese, or mundic, or any piece of gold, silver or other metal, or any wad, black cawlk, or black lead, or any coal, or cannel coal, or any marble, stone or other mineral, from any mine, bed or vein thereof respectively.

It is not an offence to take, for the purposes of exploration or scientific investigation, any specimen or specimens of any ore or mineral from any piece of ground uninclosed and not occupied or worked as a mine, quarry or digging.

ARTICLE 421.

THINGS UNDER SEIZURE.

Every one who, whether pretending to be the owner or not, secretly or openly, and whether with or without force or violence, takes or carries away, or causes to be taken or carried away, without lawful authority, any property under lawful seizure and detention, steals such property, and is guilty of felony and liable to be punished accordingly.

3

2 ARTICLE 422.

STEALING FROM THE PERSON.

Every one is guilty of felony and liable to fourteen

gold or silver, or any gold-bearing quartz, or any unsmelted or otherwise unmanufactured gold or silver, by any operative, workman or laborer actively engaged in or on any mine, is prima facie evidence that the same has been stolen by him; R. S. C. c. 164, s. 30.

1 R. S. C. c. 164, s. 50. R. v. Fearman, 10 0. R. 660, decided under 43 Vict. (D) c. 28, s. 66. See with respect to things seized under The Customs Act, R. S. C. c. 32, s. 212, and under The Inland Revenue Act, R. S. C. c. 34, s. 100. The punishment in the latter case is three years' imprisonment; no term is mentioned in R. S. C. c. 32, s. 212. It is also a felony to break locks, &c., or unlawfully abstract any spirits, or orther goods manufactured in bond, or materials for the manufacture thereof from any place where they are retained under the supervision of an officer of the Inland Revenue; R. S. C. c. 34,

8. 94.

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

3 R. S. C. c. 164, s. 32; 24 & 25 Vict. c. 96, s. 40.

years' imprisonment who steals any chattel, money or valuable security from the person of another.

2

1 ARTICLE 423.

STEALING IN DWELLING HOUSES.

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

(a) steals in any dwelling house any chattel, money or valuable security to the value in the whole of twentyfive dollars or more; or,

(b) steals any chattel, money or valuable security in any dwelling house, and by any menace or threat puts anyone therein in bodily fear.

4

3 ARTICLE 424.

STEALING IN MANUFACTORIES, ETC.

Every one is guilty of felony and liable to fourteen years' imprisonment who steals, to the value of two dollars, any woollen, linen, hempen or cotton yarn, or any goods or articles of silk, woollen, linen, cotton, alpaca or mohair, or of any one or more of such materials mixed with each other or mixed with any other material, whilst laid, placed or exposed, during any stage, process or progress of manufacture, in any building, field or other place.

ARTICLE 425.

FRAUDULENTLY DISPOSING OF GOODS ENTRUSTED FOR MANUFACTURE.

5

Every one is guilty of a misdemeanor, and liable to

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

2 R. S. C. c. 164, s. 45, 46; 24 & 25 Vict. c. 96, ss. 60, 61.

SS. D. Art. 325 (d.)

4 R. S. C. c. 164, s. 47; 24 & 25 Vict. c. 96, s. 62.

R. S. C. c. 164, s. 48; 6 & 7 Vict. c. 40, s. 2.