'ARTICLE 615.

INTIMIDATION OF ANY PERSON TO PREVENT HIM DEALING IN WHEAT, ETC.-UNLAWFULLY PREVENTING

SEAMEN FROM WORKING.

Every one is guilty of a misdemeanor and liable, on summary conviction before two justices of the peace, to imprisonment, with hard labor, for any term not exceeding three months, who

(a.) beats or uses any violence or threat of violence to any person, with intent to deter or hinder him from buying, selling or otherwise disposing of any wheat or other grain, flour, meal, malt or potatoes or other produce or goods, in any market or other place; or

(b.) beats or uses any such violence or threat to any person having the charge or care of any wheat or other grain, flour, meal, malt or potatoes, whilst on the way to or from any city, market, town or other place, with intent to stop the conveyance of the same; or

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(c.) 3 unlawfully and by force or threats of violence, hinders or prevents or attempts to hinder or prevent any seaman, stevedore, ship carpenter, ship laborer or other person employed to work at or on board any ship or vessel, or to do any work connected with the loading or unloading thereof, from working at or exercising any lawful trade, business, calling or occupation in or for which he is so employed; or

(d.) beats or uses any violence to, or makes any threat of violence against any such person, with intent to hinder or prevent him from working at or exercising the same, or on account of his having worked at or exercised the same.

1 S. D. Art. 251.

2 R. S. C. c. 173, s. 10; 24 & 25 Vict. c. 100, s. 39.

3 50 & 51 Vict. (D) c. 49, s. 1; 24 & 25 Vict. c. 100, s. 40.

ARTICLE 616.

INTIMIDATION OF ANY PERSON TO PREVENT HIM BIDDING

1

FOR PUBLIC LANDS.

Every person is guilty of a misdemeanor, and liable to a fine not exceeding four hundred dollars or to two years' imprisonment, or to both, who, before or at the time of the public sale of any Indian lands, or public lands of Canada, or of any Province of Canada, by intimidation, combination or unfair management, hinders or prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any lands so offered for sale.

2 ARTICLE 617.

BREACHES OF EMPLOYER'S DUTY TO SEAMEN-LEAVING

SEAMEN BEHIND.

[3 Every one commits a misdemeanor who

(a.) being the master or other person belonging to any British ship wrongfully forces on shore and leaves behind, or otherwise wilfully and wrongfully leaves behind, in any place on shore or at sea, in or out of Her Majesty's dominions, any seaman or apprentice belonging to such ship before the completion of the voyage for which such person was engaged, or the return of the ship to the United Kingdom; or

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(b.) who being the master of a British ship,

(i.) discharges any seaman or apprentice in any place

1 R. S. C. c. 173, s. 14.

2 S. D. Art. 394.

3 17 & 18 Vict. c. 104; R. S. C. c. 74. By section 114 of the latter Act it is provided that offenders may be tried summarily before certain judges and magistrates therein mentioned. As to punishment see Arts. 12 and 17.

4 R. S. C. c. 74, s. 65; 17 & 18 Vict. c. 101, s. 206.

Any Canadian foreign sea-going ship; R. S. C. c. 74, s. €5.

6 Canada; R. S. C. c. 74, s. 65.

7 R. S. C. c. 74, s. 66; 17 & 18 Vict. c. 104, s. 207.

situate in any British possession abroad2 (except the possession in which he was shipped) without previously obtaining the sanction in writing, endorsed on the agreement of some public shipping master, or other officer duly sanctioned by the local government in that behalf, or (in the absence of any such functionary) of the chief officer of customs resident at or near the place where the discharge takes place;

(ii.) discharges any seaman or apprentice at any place out of Her Majesty's dominions without previously obtaining the sanction so endorsed as aforesaid of the British consular officer there, or, in his absence, of two respectable merchants resident there;

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(iii) leaves behind any seaman or apprentice at any place situate' in any British possession abroad on any ground whatever, without previously obtaining a certificate in writing so endorsed as aforesaid, from such officer or person as aforesaid, stating the fact and the cause thereof, whether such cause be unfitness or inability to proceed to sea, or desertion or disappearance;

(iv.) leaves behind any seaman or apprentice at any place out of Her Majesty's dominions, on shore or at sea, on any ground whatever without previously obtaining the certificate endorsed in manner and to the effect last aforesaid, of the British consular officer there, or in his absence, of two respectable merchants, if there are any such at or near the place where the ship then is.

The said functionaries must, and the said merchants may, examine into the grounds of such proposed discharge, or into the allegation of such unfitness, inability, desertion or disappearance as aforesaid in a summary way, and may for that purpose, if they think fit so to do, administer oaths, and may either grant or refuse such sanction or certificate as appears to them to be just.

1 In the United Kingdom or; R. S. C. c. 74, s. 66.

2 Other than Canada; R. S. C. c. 74, s. 66.

3 The word "local" is omitted in the Canadian Act, R. S. C. c. 74, s. 66.

4 17 & 18 Vict. c. 104, s. 207.

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1 [Upon the trial of any person for any of the offences in this Article mentioned, it lies upon such person to produce the sauction or certificate above mentioned, or to prove that he had obtained the same previously to having discharged or left behind such seaman or apprentice, or that it was impracticable for him to obtain such sanction or certificate.

2 ARTICLE 618.

BREACHES OF SHIPOWNER'S DUTY TO SEAMAN UNDER ACT OF THE UNITED KINGDOM-SENDING UNSEA

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WORTHY SHIPS TO SEA.

Every person commits a misdemeanor

(a.) who sends or attempts to send, or is a party to sending or attempting to send a British ship to sea in such unseaworthy state that the life of any person is likely to be thereby endangered, unless he proves that he used all reasonable means to insure her being sent to sea in a seaworthy state, or that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving such proof he may give evidence in the same manner as any other witness;

(b.) who being the master of a British ship knowingly takes the same to sea in such unseaworthy state that the life of any person is likely thereby to be endangered, unless he proves that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving such proof he may give evidence like any other witness.

1 R. S. C. c. 74, s. 67; 17 & 18 Vict. c. 104, s. 208.

2 S. D. Art. 395.

3 39 & 40 Vict. c. 80, s. 4.

ARTICLE 619.

BREACHES OF SHIPOWNERS' DUTY TO SEAMEN UNDER CANADIAN ACT-SENDING OR TAKING UNSEA

1

WORTHY SHIPS TO SEA.

Every one is guilty of a 2 misdemeanor who sends or attempts to send or is a party to sending a ship, registered in Canada, to sea or on a voyage on any of the inland waters of Canada, or on a voyage from any port or place on the inland waters of Canada to any port or place on the inland waters of the United States, or on a voyage from any port or place on the inland waters of the United States to any port or place on the inland waters of Canada, in such unseaworthy state by reason of overloading or underloading or improper loading, or by reason of being insufficiently manned or from any other cause whatsover, that the life of any person is likely to be endangered thereby, unless he proves that he used all reasonable means to insure her being sent to sea or on such voyage in a seaworthy state, or that her going to sea or on such voyage in such unseaworthy state was, under the circumstances, reasonable and justifiable; and for the purpose of giving such proof, he may give evidence in the same manner as any other witness.

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Every master of a ship registered in Canada is guilty of a misdemeanor who knowingly takes such ship to sea, or on a voyage on any of the inland waters of Canada, or on a voyage from any port or place on the inland waters of Canada to any port or place on the inland waters of the United States, or on a voyage from any port or place in the United States to any port or place on the inland waters of Canada, in such unseaworthy state by reason of overloading or underloading or improper loading, or by reason of being insufficiently

1 52 Vict. (D) c. 22, s. 3,

2 A misdemeanor under this section shall not be punishable upon summary conviction.