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1 ARTICLE 559.

WHEN OFFENCE COMPLETED.

Every offence of making any counterfeit coin, or of buying, selling, receiving, paying, tendering, uttering or putting off, or of offering to buy, sell, receive, pay, utter or put off, any counterfeit coin, is deemed to be complete, although the coin so made or counterfeited, or bought, sold, received, paid, tendered, uttered or put off, or offered to be bought, sold, received, paid, tendered, uttered or put off, was not in a fit state to be uttered, or the counterfeiting thereof was not finished or perfected.

1 S. D. Arts. 370 (e), 372 (e.), 375 (g.)

2 R. S. C. c. 167, s. 27; 24 & 25 Vict. c. 99, s. 30.

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CHAPTER XLVII.

ADVERTISING COUNTERFEIT MONEY.

ARTICLE 560.

DEFINITION.

IN THIS chapter the expression "counterfeit token of value" means any spurious or counterfeit coin, paper money, inland revenue stamp, postage stamp, or other evidence of value, by whatever technical, trivial or deceptive designation the same may be described.

ARTICLE 561.

ADVERTISING COUNTERFEIT MONEY AND OTHER OFFENCES CONNECTED THEREWITH.

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

2 (a.) prints, writes, utters, publishes, sells, lends, gives away, circulates or distributes any letter, writing, circular, paper, pamphlet, handbill or any written or printed matter advertising, or offering or purporting to advertise, or offer for sale, loan, exchange, gift or distribution, or to furnish, procure or distribute any counterfeit token of value, or what purports to be a counterfeit token of value, or giving or purporting to give, either directly or indirectly, information, where, how, of whom, or by what means any counterfeit token of value, or what purports to be a counterfeit token of value, may be procured or had;

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(b.) aids or assists in any manner in any scheme or

151 Vict. (D) c. 40, s. 1.

251 Vict. (D) c. 40, s. 2.

device whatsoever, offering or purporting to offer for sale, loan, gift, exchange or distribution, any counterfeit token of value;

(c.) purchases, exchanges, accepts, takes possession of, or in any way uses, or offers to purchase, exchange, accept, take possession of, or in any way use, any such counterfeit token of value, or what purports so to be;

2(d) in executing, operating, promoting, carrying on, or in the aiding, assisting or abetting in the promoting, operating, carrying on or executing of any scheme or device whatsoever to defraud, by the use or by means of any papers, writings, letters, circulars or written or printed matters concerning the offering for sale, loan, gift, distribution or exchange of counterfeit tokens of value, uses any fictitious, false or assumed name or address, or name or address other than his own right, proper and lawful name;

2 (e.) in the executing, operating, promoting, carrying on, aiding, assisting or abetting in the execution, promoting or carrying on of any scheme or device, offering for sale, loan, gift or distribution, or purporting to offer for sale, loan, gift or distribution, or giving or purporting to give information, directly or indirectly, where, how, of whom or by what means any counterfeit token of value may be obtained or had, knowingly receives or takes from the mails, or from the post office, any letter or package addressed to any such fictitious, false or assumed name or address, or name other than his own right, proper or lawful name.

151 Vict. (D) c. 40, s. 2. 2 51 Vict. (D) c. 40, s. 3.

CHAPTER XLVIII.

1 MALICIOUS INJURIES TO PROPERTY.

2 ARTICLE 562.

ARSON-SETTING FIRE TO BUILDINGS, ETC.-OFFENCES PUNISHABLE BY IMPRISONMENT FOR LIFE.

EVERY one is guilty of felony, and liable to imprisonment for life, who unlawfully and maliciously sets fire3 to: (a.) any church, chapel, meeting-house or other place of divine worship; or

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(b.) any dwelling house, any person being therein; or (c) any house, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, storehouse, granary, hovel, shed or fold, or any farm building, or any building or erection used in farming land, or in carrying on any trade or manufacture or any branch. thereof, whether the same is then in the possession of the

1 It is not material whether any offence against R. S. C. c. 163 is committed from malice conceived against the owner of the property in respect of which it is committed or otherwise (R. S. C. c. 163, s. 60; 24 & 25 Vict. c. 97, s. 58; R. v. Bradshaw, 38 U. C. Q. B. 564); nor whether the offender is or is not in possession of the property if the offence is committed with intent to injure or defraud any person (R. S. C. c. 168, s. 61; 24 & 25 Vict. c. 97, s. 59.)

2S. D. Art. 377 (a.)

[As to what constitutes "setting fire," it is not necessary that flame should be seen; R. v. Stallion, 1 Moo. 398; but it is not sufficient that wood should be scorched black: R. v. Russell, Car. & M. 541. It is sufficient if the wood has been at a red heat; R. v. Parker, 9 C. & P. 45. I suppose the question is whether the thing burnt has or has not begun to be decomposed by the action of fire.] With respect to the case of a man setting fire to his own house, see R. v. Greenwood, 23 U. C. Q. B. 250; R. v. Cronin, 1 Ont. Dig. 904; R. v. Bryans, 12 U. C. C. P. 161.

+R. S. C. c. 168, s. 2; 24 and 25 Vict. c 97, s. 1.

R. S. C. c. 168, s. 3; 24 and 25 Vict. c. 97, s. 2.

6R. S. C. c. 161, s. 4; 24 and 25 Vict. c. 97, s. 3. A building used by a carpenter, who is putting up a house near it, as a place of deposit for his tools and window frames that he had made, but in which no work is carried on by him, is not a building used in carrying on a trade; R. v. Smith, 14 U. C. Q. B. 546.

offender, or in the possession of any other person, with the intent thereby to injure or defraud any person; or

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(d.) any station, engine-house, warehouse or other building, belonging or appertaining to any railway, port, dock or harbor, or to any canal or other navigable water; or

2 (e.) any building, other than such as are herein before mentioned, belonging to Her Majesty or to any county, riding, division, city, town, village, parish or place, or belonging to any university or college, or hall of any university, or to any corporation, or to any unincorporated body or society of persons, associated together for any lawful purpose, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution; or

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(f.) any stack of corn, grain, pulse, tares, hay, straw, haulm or stubble, or of any cultivated vegetable produce, or of furze, gorse, heath, fern, turf, peat, coals, charcoal, wood or bark, or any stere or pile of wood or bark; or

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(g.) any mine of coal, cannel oil, anthracite or other mineral fuel, or any mine or well of oil or other combustible substance.

5 ARTICLE 563.

ARSON-SETTING FIRE TO BUILDINGS, ETC.-OFFENCES PUNISHABLE BY FOURTEEN YEARS' IMPRISONMENT.

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

sets fire to

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(a.) 7 any building other than such as are mentioned in

1 R. S. C. c. 168, s. 5; 24 & 25 Vict. c. 97, s. 4.

2 R. S. C. c. 168, s. 7; 24 & 25 Vict. c. 97, s. 5.

3 R. S. C. c. 168, s. 19; 24 & 25 Vict. c. 97, s. 17. 4R. S. C. c. 168, s. 28; 24 & 25 Vict. c. 97, s. 26. 5 S. D. Art. 378 (a), (b), (c).

R. S. C. c. 168, s. 8; 24 and 25 Vict. c. 97, s. 6.

[If it were not for the arbitrary and practically unimportant distinction between the punishment for this offence, and for the offences defined in Art. 562, clauses (a)-(e), the following enactment would include them all:-"Whoever sets fire to any building what. ever shall be liable to penal servitude for life as a maximum punishment." This would reduce six cumbrous sections, filling a page of Chitty's Statutes, to two lines.]