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sumed to have intended the necessary consequence of his act, which was to prejudice the underwriters.

It appeared on the trial that the prisoner, with the greater portion of his crew including the mate, had gone before a naval court and given a false account of the loss of the vessel, also, that the prisoner had persuaded the mate to suppress the log book and swear that it was lost.. Held, Fisher, J., dubitante, that the log book was properly received in evidence.

Held, also, that proof of the receipt by the prisoner of drafts for large sums of money, drawn by parties in C., from which the vessel which the prisoner was charged with scuttling sailed, was properly received, and being unexplained by the prisoner they were properly left to the jury as evidence against him.

There is no positive rule of law that the testimony of an accomplice must receive direct corroboration, and the nature and extent of the corroboration required depend a great deal upon the character of the crime charged. Therefore, where the judge directed the jury" that it was not necessary that T. (the accomplice) should be corroborated as to the very act of boring the holes in the vessel; if the other evidence, and the circumstances of the case, satisfied them that he was telling the truth in the account which he gave of the destruction of the vessel that would be sufficient."

Held, a proper direction.

Held, also, that the words in a bill of lading "weight and contents unknown" would not prevent a jury from having the right to draw whatever inference of guilt they pleased against the prisoner, from his knowledge that the cargo was not what the bill of lading represented it to be. -The Queen v. Tower, 4 P. & B. (N. B.) 168.

PLACING GUNPOWDER NEAR A VESSEL WITH INTENT, ETC.

49. Every one who unlawfully and maliciously places or throws in, into, upon, against or near any ship or vessel, any gunpowder or other explosive substance, with intent to destroy or damage any ship or vessel, or any machinery, working-tools, goods or chattels, whether or not any explosion takes place, and whether or not any injury is effected, is guilty of felony, and liable to fourteen years' imprisonment.-32-33 V., c. 22, s. 51. 24-25 V., c. 97, s. 45, Imp.

50. Every one who unlawfully and maliciously damages, otherwise than by fire, gunpowder or other explosive substance, any ship or vessel, whether complete or in an unfinished state, with intent to destroy the same or render the same useless, is guilty of felony, and liable to seven years' imprisonment.-32-33 V., c. 22, s. 52. V., c. 97, s. 46, Imp.

See remarks under sects. 13, 14, 46, 47, 48, ante.

FALSE SIGNALS, ETC.

24-25

51. Every one who unlawfully masks, alters, removes or extinguishes any light or signal, or unlawfully exhibits any false light or signal, with intent to bring any ship, vessel or boat into danger, or unlawfully and maliciously does any thing tending to the immediate loss or destruction of any ship, vessel or boat, and for which no punishment is herein before provided, is guilty of felony, and liable to imprisonment for life.-32-33 V., c. 22, s. 53. 33 V., c. 18, s. 4, purt. 24-25 V., c. 97, s. 47, Imp.

See sec. 183 of the Procedure Act for a verdict of attempt in certain cases.

It is to be remarked that the first part of the section says "unlawfully" only.

Indictment for exhibiting false signals.-The Jurors for Our Lady the Queen upon their oath present, that before and at the time of committing the felony hereinafter mentioned, a certain ship, the property of some person or persons to the jurors aforesaid unknown, was sailing on a certain river called ......... near unto ......... and that J. S. on......... well knowing the premises, whilst the said

ship was so sailing on ......... near unto the said parish as aforesaid, feloniously and unlawfully did exhibit a false light, with intent thereby to bring the said ship into danger, against the form ......... Archbold.

Indictment for doing an act tending to the immediate danger of a ship.-......... near unto the parish of........ and that J. S. on......... well knowing the premises, whilst the said ship was so sailing near the said parish as aforesaid, feloniously, unlawfully and maliciously did ......... (state the act done,) the said act so done by the said J. S. as aforesaid then tending to the immediate loss of the said ship, against the form .........-Archbold.

CUTTING AWAY, ETC., BUOYS.

52. Every one who, unlawfully and maliciously, cuts away, casts adrift, removes, alters, defaces, sinks or destroys, or unlawfully and maliciously does any act with intent to cut away, cast adrift, remove, alter, deface, sink or destroy, or in any other manner unlawfully and maliciously injures or conceals any lighthouse, light-ship, floating or other light, lantern or signal, or any boat, buoy, buoy-rope, beacon, anchor, perch or mark used or intended for the guidance of seamen, or for the purpose of navigation, is guilty of felony, and liable to seven years' imprisonment.-32-33 V., c. 22, s. 54. 33 V., c. 18, s. 4, part. 24-25 V., c. 97, s. 48, Imp.

Maliciously means wilfully. See R. v. Faulkner, 13 Cox, ante, under sec. 48, and cases there cited; also R. v. Latimer, 16 Cox, 70.

No intent need be charged in the indictment. This section includes the offence and the attempt to commit the offence.

Indictment.

.... that J. S., on ............ upon the river called ......... feloniously, unlawfully and maliciously did cut away a certain buoy then used for the guidance of seamen and for the purpose of navigation, against the form.......

MAKING FAST TO BUOYS, ETC.

53. Every one who makes fast any vessel or boat to any such buoy, beacon or sea mark, shall, on summary conviction, be liable to a penalty not exceeding ten dollars, and in default of payment, to one month's imprisonment.-32-33 V., c. 22, s. 55.

54. Every one who unlawfully and maliciously breaks, injures, cuts, loosens, removes or destroys, in whole or in part, any dam, pier, slide, boom or other such works, or any chain or other fastening attached thereto, or any raft, crib of timber or saw-logs, or unlawfully and maliciously impedes or blocks up any channel or passage intended for the transmission of timber, is guilty of a misdemeanor, and liable to a fine or to two years' imprisonment or to both.-32-33 V., c. 22, s. 56; C. S. C., c. 68, s. 67.

These clauses are not in the Imperial Act.

Malice against owner is unnecessary, and the clause applies to every person in possession of the property injured, if act done with intent to injure or defraud. But in such a case, it is not necessary to allege that the intent was to injure or defraud any particular person.-Sections 60, 61, post.

Indictment,

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......... that A. B. on ......... in unlawfully and maliciously did cut a certain boom then and there lying on the river called ...... the said boom being then and there the property of J. S., of ...... against the form.........

.......

INJURIES TO POLL BOOKS, ETC.

55. Every one who unlawfully or maliciously destroys, injures or obliterates, or causes to be wilfully or maliciously destroyed, injured or obliterated, or makes or causes to be made any erasure, addition of names or interlineation of names in or upon, or 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 provincial, municipal or civic elections, is guilty of

felony, and liable to a fine in the discretion of the court, or to seven years' imprisonment, or to both.-29-30 V. (Can.) c. 51, s. 188, part. R. S. B. C., c. 157, ss. 99 and 100, part.

This clause applies only to writs or documents for provincial, municipal, or civic elections.

INJURIES TO LAND MARKS.

56. Every one 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, is guilty of felony, and liable to seven years' imprisonment. -C. S. C., c. 77, s. 107, part. C. S. U. C., c. 93, s. 4, part.

57. 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;

2. Nothing herein shall prevent any land surveyor in his operation from taking up posts or other boundary marks when necessary, if he carefully replaces them as they were before.-C. S. C., c. 77, s. 107, part. C. S. U. C., c. 93, s. 4, part.

The words "pulls down" in sect. 56 are omitted from sec. 57. "So are the words erected or planted."

The words "by any land surveyors" in sec. 57 are not in sec. 56.

The misdemeanor mentioned in sec. 57 can only be committed in relation to boundaries or land marks which have been legally placed by a land surveyor.-R. v, Austin, 11 Q. L. R. 76.

INJURIES NOT BEFORE PROVIDED FOR EXCEEDING TWENTY

DOLLARS.

58. Every one 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

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