vegetable production, growing in any garden, orchard, nursery ground, house, hot-house, green-house or conservatory :

1

Every one who, having been convicted of any such offence, afterwards commits any such offence, is guilty of felony, and liable to two years' imprisonment.

2 ARTICLE 594.

INJURIES TO CULTIVATED ROOTS AND PLANTS GROWING

3

ELSEWHERE.

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, and in default of payment of such penalty and costs, if any, to imprisonment for any term not exceeding one month, who unlawfully and maliciously destroys, or damages with intent to destroy, 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 inclosed, not being a garden, orchard or nursery ground: 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.

4

1

ARTICLE 595.

INJURIES TO LAND MARKS INDICATING MUNICIPAL

DIVISIONS.

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

1 "either against this or any other Act or law."

2 S. D. Art. 383 (d).

3 R. S. C. c. 168, s. 26; 24 & 25 Vict. c. 97, s. 24. A, with the permission of his brother,

a squatter on the lot, cuts firewood thereon. A, there being no malice, is not within the statute: Dumais v. Hall, 13 Q. L. R. 236.

4R. S. C. c. 168, s. 56. See also R. S. C. c. 54, s. 138, as to injuries to land marks placed thereunder, or under the authority of the Governor-in-Council, or indicating township sections or other legal sub-divisions in Manitoba or the Territories.

imprisonment, who knowingly and wilfully pulls down, defaces, alters or removes any mound, land mark, post or monument lawfully erected, planted or placed to mark or determine the boundaries of any Province, county, city, town, township, parish or other municipal division.

1

ARTICLE 596.

INJURIES TO OTHER LAND MARKS.

Every one who knowingly and wilfully defaces, alters or removes any mound, land mark, post or monument lawfully placed by any land surveyor to mark any limit, boundary or angle of any concession, range, lot or parcel of land, is guilty of a misdemeanor, and liable to a fine not exceeding one hundred dollars, or to three months' imprisonment, or to both. It is not an offence for any land surveyor in his operations to take up such posts or other boundary marks when necessary, if he carefully replaces them as they were before.

2 ARTICLE 597.

INJURIES TO FENCES, ETC.

3 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, who unlawfully and maliciously cuts, breaks, throws down, or in anywise destroys any fence of any description whatsoever, or any wall, stile or gate, or any part thereof, respectively:

Every one who, having been convicted of any such offence, afterwards commits any such offence, is liable,

4

1 R. S. C. c. 168, s. 57. The land marks must have been lawfully placed; R. v. Austin, 11 Q. L. R. 76.

2 S. D. Art. 383 (e).

R. S. C. c. 168, s. 27; 24 & 25 Vict. c. 97 s. 25.

4" either against this or any other Act or law."

on summary conviction, to three months' imprisonment with hard labor.

2

1 ARTICLE 598.

INJURIES TO TURNPIKE GATES, TOLL-BARS, ETC.

Every one is guilty of a misdemeanor, and liable to fine or imprisonment, or both, in the discretion of the court, who unlawfully and maliciously throws down, levels or otherwise destroys, in whole or in part,

(a.) any turnpike gate or toll-bar, or any wall, chain, rail, post, bar or other fence belonging to any turnpike gate or toll-bar, or set up or erected to prevent passengers passing by without paying any toll directed to be paid by any Act or law relating thereto; or

(b.) any house, building or weighing engine erected for the better collection, ascertainment or security of any such toll.

4

3 ARTICLE 599.

INJURIES TO WORKS OF ART.

Every one is guilty of a misdemeanor, and liable to one year's imprisonment who unlawfully and maliciously destroys or damages

(a.) any book, manuscript, picture, print, statue, bust or vase, or any other article or thing kept for the purposes of art, science or literature, or as an object of curiosity, in any museum, gallery, cabinet, library or other depository, which museum, gallery, cabinet, library or other depository is, either at all times or from time to time, open for the admission of the public or of any considerable number of persons to view the same, either by the per

1 S. D. Art. 383 (ƒ).

2 R. S. C. c. 168, s. 36; 24 & 25 Vict. c. 97, s. 34.

3 S. D. Art. 383 (i).

4 R. S. C. c. 168, s. 42; 24 & 25 Vict. c. 97, s. 39.

mission of the proprietor thereof, or by the payment of money before entering the same; or

(b.) any picture, statue, monument or other memorial of the dead, painted glass or other monument or work of art in any church, chapel, meeting-house or other place of divine worship, or in any building belonging to Her Majesty, or to any county, riding, city, town, village, parish or place, or to any university, or college or hall of any university, or in any street, square, churchyard, burial ground, public garden or ground; or

(c.) any statue or monument exposed to public view, or any ornament, railing or fence, surrounding such statue or monument, or any fountain, lamp, post or other thing of metal, glass, wood or other material, in any street, square or other public place.

1

ARTICLE 600.

INJURIES TO POLL BOOKS, ETC.

Every one is guilty of felony, and liable to a fine in the discretion of the court, or to seven years' imprisonment, or to both, who unlawfully and maliciously

(a.) destroys, injures or obliterates, or causes to be wil fully or maliciously destroyed, injured or obliterated; or (b.) makes or causes to be made any erasure, addition of names or interlineation of names in or upon; or

(c.) aids, consents or assists in so destroying, injuring or obliterating, or in making any erasure, addition of names or interlineation of names in or upon

any writ of election, or any return to a writ of election or any indenture, poll-book, voters' list, certificate, affidavit or report, or any document or paper made, prepared or drawn out according to any law in regard to dominion, provincial, municipal or civic elections.

2

1 R. S. C. c. 168, s. 55.

2 R. S. C. c. 8, s. 102. The language of this section is not verbatim the same as that of R. S. C. c. 168, s. 55, but they are substantially the same.

2

1 ARTICLE 601.

INJURIES TO BUILDINGS BY TENANTS.

Every one is guilty of a misdemeanor3 who, being possessed of any dwelling-house or other building, or part of any dwelling-house or other building, held for any term of years or other less term, or at will, or held over after the termination of any tenancy, unlawfully and maliciously

(a.) pulls down or demolishes, or begins to pull down or demolish the same or any part thereof; or

(b) pulls down or severs from the freehold any fixture fixed in or to such dwelling-house or building, or part of such dwelling-house or building.

5

+ ARTICLE 602.

INJURIES NOT BEFORE PROVIDED FOR.

Every one is guilty of a misdemeanor, and liable to five years' imprisonment, who unlawfully and maliciously commits any damage, injury or spoil to or upon any real or personal property whatsoever, either of a public. or a private nature, for which no punishment is ® otherwise provided, the damage, injury or spoil being to an amount exceeding twenty dollars.

8

7 ARTICLE 603.

6

OTHER INJURIES NOT OTHERWISE PROVIDED FOR.

Every one who unlawfully and maliciously commits

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

2 R. S. C. c. 168, s. 15; 24 & 25 Vict. c. 97, s. 13.

3 And liable to five years' imprisonment; Art. 17.

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

5 R. S. C. c. 168, s. 58; 24 & 25 Vict. c. 97, s. 51. "hereinbefore provided."

7 S. D. Art. 383 (m).

8 R. S. C. c. 169, s. 59; 24 & 25 Vict. c. 97, s. 52.