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'No act done for the purposes of a trade combination is unlawful unless such act is an offence punishable by

statute.

The expression "trade combination " means any combination between masters or workmen or other persons for regulating or altering the relations between any persons being masters or workmen, or the conduct of any master or workman, in or in respect of his business or employment, or contract of employment or service; and the expression "act" includes a default, breach or omission.

ARTICLE 610.

COMBINATIONS IN RESTRAINT OF TRADE.

2 Every person who conspires, combines, agrees or arranges with any other person, or with any railway, steamship, steamboat or transportation company, unlawfully,

(a.) to unduly limit the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any article or commodity which may be a subject of trade

or commerce; or

(b.) to restrain or injure trade or commerce in relation to any such article or commodity; or

(c.) to unduly prevent, limit, or lessen the manufacture or production of any such article or commodity, or to unreasonably enhance the price thereof; or

(d.) to unduly prevent or lessen competition in the production, manufacture, purchase, barter, sale, transportation or supply of any such article or commodity, or in the price of insurance upon person or property,

Is guilty of a misdemeanor and liable, on conviction,

1 R. S. C. c. 173, s. 13. See 38 & 39 Vict. c. 86, s. 3. The defendants, members of a trade union, conspire to injure a non-unionist workman by depriving him of his employment. This is a misdemeanor, and is not for the purposes of their trade combination within the statute; R. v. Gibson 16 0. R. 704.

252 Vict. (D) c. 41, s. 1.

to a penalty not excceeding four thousand dollars and not less than two hundred dollars, or to imprisonment for any term not exceeding two years; and if a corporation, is liable on conviction to a penalty not exceeding ten thousand dollars and not less than one thousand dollars.

1 ARTICLE 611.

2 CRIMINAL BREACHES OF CONTRACT.

3 Every one is guilty of a misdemeanor and liable, on indictment or on summary conviction before two justices of the peace, to a penalty not exceeding one hundred dollars or to imprisonment for a term not exceeding three months, with or without hard labor, who

(a.) wilfully and maliciously breaks any contract made by him, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to endanger human life, or to cause serious bodily injury, or to expose valuable property, whether real or personal, to destruction or serious injury; or

(b.) being under any contract made by him with any municipal corporation or authority, or with any company bound, agreeing or assuming to supply any city or any other place, or any part thereof, with gas or water, wilfully and maliciously breaks such contract, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to deprive the inhabitants of that city or place, or part thereof, wholly or to a great extent, of their supply of gas or water; or

(c.) being under any contract made by him with a railway company, bound, agreeing or assuming to carry Her

1 S. D. Art. 393 (a) and (b).

2 It is not material whether any offence defined in this Article is committed from malice conceived against the person, corporation, authority or company with which the contract is made or otherwise; R. S. C. c. 173, s. 18; 38 & 39 Vict. c. 86. s. 15.

3 R. S. C. c. 173, s. 15; 38 & 39 Vict. c. 86, ss. 4, 5.

Majesty's mails, or to carry passengers or freight, or with Her Majesty, or any one on behalf of Her Majesty, in connection with a Government railway on which Her Majesty's mails, or passengers or freight are carried, wilfully and maliciously breaks such contract, knowing or having reason to believe that the probable consequences of his so doing, either alone or in combination with others, will be to delay or prevent the running of any locomotive engine, or tender, or freight or passenger train or car, on the railway.

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Every municipal corporation or authority or company which, being bound, agreeing or assuming to supply any city, or any other place, or any part thereof, with gas or water, wilfully and maliciously breaks any contract made by such municipal corporation, authority, or company, knowing or having reason to believe that the probable consequences of its so doing will be to deprive the inhabitants of that city or place or part thereof, wholly, or to a great extent, of their supply of gas or water, is liable to a penalty not exceeding one hundred dollars.

2 Every railway company which, being bound, agreeing or assuming to carry Her Majesty's mails, or to carry passengers or freight, wilfully and maliciously breaks any contract made by such railway company, knowing or having reason to believe that the probable consequences of its so doing will be to delay or prevent the running of any locomotive engine or tender, or freight or passenger train or car on the railway, is liable to a penalty not exceeding one hundred dollars.

ARTICLE 612.

POSTING UP COPIES OF PROVISIONS RESPECTING CRIMINAL BREACHES OF CONTRACT-DEFACING SAME.

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Every such municipal corporation, authority, or com

1 R. S. C. c. 173, s. 16.

2 R. S. C. c. 173, s. 17.

3 R. S. C. c. 173, s. 19.

pany, shall cause to be posted up at the gas works, or water-works, or railway stations, as the case may be, belonging to such corporation, authority or company, a printed copy of sections 15, 16, 17 and 18 of R. S. C. c. 173, in some conspicuous place, where the same may be conveniently read by the public; and as often as such copy becomes defaced, obliterated or destroyed, shall cause it to be renewed with all reasonable despatch:

Every such municipal corporation, authority or company which makes default in complying with such duty is liable to a penalty not exceeding twenty dollars for every day during which such default continues:

Every person unlawfully injuring, defacing or covering up any such copy so posted up is liable, on summary conviction, to a penalty not exceeding ten dollars.

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1 ARTICLE 613.

INTIMIDATION.

2 Every one is guilty of a misdemeanor and liable, on indictment or on summary conviction before two justices of the peace, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months, who, wrongfully and without lawful authority, with a view to compel any other person to abstain from doing anything which he has a lawful right to do, or to do anything from which he has a lawful right to abstain;

(a.) uses violence to such other person, or his wife or children, or injures his property;

(b.) intimidates such other person, or his wife or chil

1 S. D. Art. 393 (d).

2 R. S. C. c. 173, s. 12; 38 & 39 Vict. c. 86. s. 7.

3 The offender must not be tried summarily if he objects to being so tried, and in that case the justices are to deal with the case as though the offender were charged with an indictable offence; (R. S. C. c. 173, s. 12 (3). No person who is a master, or the father, son or brother of a master, in the particular business incident to which the offence is committed can act as such justice; (R. S. C. c. 173, s. 12 (5). This same provision is in The Trade Union Act; (R. S. C. c. 131, s. 21).

dren, by threats of using violence to him, her or any of them, or of injuring his property;

(c.) persistently follows such other person about from place to place;

(d.) hides any tools, clothes or other property owned or used by such other person, or deprives him or hinders him in the use thereof;

(e.) follows such other person, with one or more other persons, in a disorderly manner, in or through any street or road; or

(f) besets or watches the house or other place where such other person resides or works, or carries on business. or happens to be.

Attending at or near or approaching to such house or other place as aforesaid, in order merely to obtain or communicate information, is not deemed a watching or besetting within the meaning of this Article.

ARTICLE 614.

INTIMIDATION OF ANY PERSON TO PREVENT HIM FROM WORKING AT ANY TRADE.

Every one is guilty of a misdemeanor, and liable to imprisonment for any term less than two years, who, in pursuance of any unlawful combination or conspiracy to raise the rate of wages, or of any unlawful combination or conspiracy respecting any trade, business or manufacture, or respecting any person concerned or employed therein, unlawfully assaults any person, or, in pursuance of any such combination or conspiracy, uses any violence or threat of violence to any person, with a view to hinder him from working or being employed at such trade, business or manufacture.

1 R. S. C. c. 173, s. 9; 24 & 25 Vict. c. 100, s. 41.