telegraph, electric light, telephone or fire alarm, or in the working thereof, or for the transmission of electricity for other lawful purposes; or

(b.) prevents or obstructs, in any manner whatsoever, the sending, conveyance or delivery of any communication by any such telegraph, telephone or fire alarm, or the transmission of electricity for any such electric light or for any such purpose as aforesaid.

1

Every one who unlawfully and maliciously, by any overt act, attempts to commit any such offence is liable, on summary conviction, to a penalty not exceeding fifty dollars, or to three months' imprisonment, with or without hard labor.

ARTICLE 585.

INJURIES TO MAILABLE MATTER-POST LETTER BAGSLETTER BOXES, ETC.-BOOKS OF ACCOUNT

OBSTRUCTING MAILS.

Every one is guilty of a misdemeanor, and liable to five years' imprisonment, 2 who

3

(a.) 3 wilfully and maliciously destroys, damages, detains or delays any parcel sent by parcel post, any packet or package of patterns or samples of merchandise or goods, or of seeds, cuttings, bulbs, roots, scions or grafts, or any printed vote or proceeding, newspaper, printed paper or book or other mailable matter, not being a post letter, sent by mail; or

(b.) cuts, tears, rips or wilfully damages or destroys any post letter bag; or

5

(c.) wilfully or maliciously injures or destroys any

1 R. S. C. c. 163, s. 41; 24 & 25 Vict. c. 97, s. 38.

2 Art. 17.

3 R. S. C. c. 35, s. 91. See also s. 97 as to drunkenness and negligence on the part of mail carriers; s. 98 as to toll-keeper refusing to allow mail to pass; and s. 99 as to ferryman refusing to carry over a mail at his ferry. The offences are misdemeanors.

4 Id. s. 96.

" Id. s. 107.

street letter box, pillar box or other receptacle established by authority of the Postmaster-General for the deposit of letters or other mailable matter; or

(d.) being a postmaster, wilfully destroys, mutilates or obliterates any book containing or which ought to contain the record or account of the money orders issued or paid, or of the registered letters or other business of his office; or

(e.) 2 abandons, or obstructs or wilfully delays the passing or progress of any mail, or any car, train, locomotive engine, tender, carriage, vessel, horse or animal employed in conveying any mail on any railway, public highway, river, canal or water communication.

4

3 ARTICLE 586.

INJURIES TO CATTLE.

Every one is guilty of felony, and liable to fourteen years' imprisonment, who unlawfully and maliciously kills, maims, wounds, poisons or injures any cattle.

5

ARTICLE 587.

ATTEMPTING TO INJURE CATTLE.

Every one is guilty of a misdemeanor, and liable to a fine or imprisonment," or both, in the discretion of the court, who unlawfully and maliciously attempts to kill,

1 R. S. C. c. 35 s. 101.

2 Id. s. 95.

3S. D. Art. 378 (g).

R. S. C. c. 168, s. 43; 24 & 25 Vict. c. 97, s. 40.

[An injury inflicted by the hand may be a wound: R. v. Bullock, L. R. 1. C. C. R. 115. On repealed statutes to the same effect, see R. v. Owens, 1 Moo. 205, and R. v. Hughes, 2 C. & P. 420, in which Parke, B. said setting a dog at an animal whereby it was bitten was not a maiming or wounding.] As to maliciously cutting off the hair of the manes and tails of horses see R. v. Smith, 1 G. & O. 29, decided under R. S. N. S., 3rd S. c. 169, 8. 22, a provision similar to R. S. C. c. 168, s. 58 Art. 602.

R. S. C. c. 168, s. 44.

6 Five years; Art. 17.

maim, wound, poison or injure any cattle, or unlawfully and maliciously places poison in such a position as to be easily partaken of by any cattle.

1 ARTICLE 588.

INJURIES TO OTHER ANIMALS.

2 Every one is guilty of a misdemeanor, and liable, on summary conviction, to a penalty not exceeding one hundred dollars, over and above the amount of injury done, or to three months' imprisonment with or without hard labor, who unlawfully and maliciously kills, maims. wounds, poisons or injures any dog, bird, beast, or other animal, not being cattle, but being either the subject of larceny at common law, or being ordinarily kept in a state of confinement, or kept for any domestic purpose, or purpose of lawful profit or advantage or science.

Every one who, having been convicted of any such offence, afterwards commits any such offence, is guilty of a misdemeanor, and liable to affine or imprisonment, 3 or both, in the discretion of the court.

3

5

4 ARTICLE 589.

THREATS TO INJURE CATTLE.

Every one is guilty of felony, and liable to ten years' imprisonment, who sends, delivers or utters, or directly or indirectly causes to be received, knowing the contents thereof, any letter or writing threatening to kill, maim, wound, poison, or injure any cattle.

1 S. D. Art. 383 (j).

2 R. S. C. c. 168, s. 45; 24 & 25 Vict. c. 97, s. 41.

3 Five years; Art. 17.

4 S. D. Art. 379.

5 R. S. C. c. 173, s. 8; 24 & 25 Vict. c. 97, s. 50.

2

1 ARTICLE 590.

INJURIES TO HOP-BINDS AND GRAPE VINES.

Every one is guilty of felony, and liable to fourteen years' imprisonment, who, unlawfully and maliciously, cuts or otherwise destroys any hop-binds growing on poles in any plantation of hops, or any grape vines growing in any vineyard.

3 ARTICLE 591.

INJURIES TO TREES, ETC., GROWING IN CERTAIN PLACES.

Every one is guilty of felony, and liable to three years' imprisonment, who, unlawfully and maliciously, cuts, breaks, barks, roots up or otherwise destroys or damages the whole or any part of any tree, sapling or shrub, or any underwood growing

4

(a.) in any park, pleasure ground, garden, orchard or avenue, or in any ground adjoining or belonging to any dwelling-house, if the amount of the injury done exceeds the sum of five dollars; or

5

(b.) in any public street or place or elsewhere than in any park, pleasure ground, garden, orchard or avenue, or in any ground adjoining or belonging to any dwellinghouse, if the amount of injury done exceeds the sum of twenty dollars.

1 S. D. Art. 378 (h).

2 R. S. C. c. 168, s. 21; 24 & 25 Vict. c. 97, s. 19.

SS. D. Art. 381 (a).

4 R. S. C. c. 168, s. 22; 24 & 25 Vict. c. 97, s. 20. As to wilful injuries to trees growing in reserves or forest parks in the Rocky Mountains, see R. S. C. c. 54, s. 78.

R. S. C. c. 168, s. 23; 24 & 25 Vict. c. 97, s. 21.

[These sums are exclusive of consequential damage. A did injury to the amount of £1 to a hedge which it would cost £4 14s. 6d. to replace. This is injury to the amount of £1, not to the amount of £5 14s. 6d.; R. v. Whiteman, Dear. 353 (upon 7 & 8 Geo. 4, c. 30, s. 19).]

2

ARTICLE 592.

INJURIES TO TREES, ETC., WHERESOEVER GROWING.

Every one is guilty of a misdemeanor, and liable, on summary conviction, to a penalty not exceeding five dollars over and above the amount of the injury done, or to one month's imprisonment, with or without hard labor, who unlawfully and maliciously cuts, breaks, barks, roots up or otherwise destroys or damages the whole or any part of any tree, sapling or shrub, or any underwood, wheresoever the same is growing, the injury done being to the amount of twenty-five cents, at the least:

Every one who, having been convicted of any such offence, afterwards commits any such offence, is liable, on summary conviction, to a penalty not exceeding twenty dollars over and above the amount of the injury done, or to three months' imprisonment with hard labor:

Every one who, having been twice convicted of any such offence, afterwards commits any such offence, is guilty of a misdemeanor, and liable to imprisonment for any term less than two years.

4 ARTICLE 593.

INJURIES TO VEGETABLE PRODUCTIONS GROWING IN

5

GARDENS, ETC.

on

Every one is guilty of a misdemeanor and liable, summary conviction, to a penalty not exceeding twenty dollars over and above the amount of the injury done, or to three months' imprisonment, with or without hard labor, who unlawfully and maliciously destroys, or damages with intent to destroy, any plant, root, fruit or

1S. D. Art. 383 (b).

2 R. S. C. c. 168, s. 24; 24 & 25 Vict. c. 97, s. 22. 3" either against this or any other act or law." 4 S. D. Art. 383 (c).

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