such articles belonging to any soldier or deserter as are generally deemed regimental necessaries, according to the custom of the army, or causes the color of such clothing or article to be changed, or exchanges, buys or receives from any soldier any provisions, without leave in writing from the officer commanding the regiment or detachment to which such soldier belongs, may be convicted thereof in the manner mentioned in the next preceding section, and shall then be liable to a penalty of not less than twenty dollars nor more than forty dollars and costs, and in default of payment be committed to gaol for a period not exceeding nine months, or until such penalty is paid.

Sect. 3.-Whosoever buys, exchanges, or detains or otherwise receives from any seaman or marine, upon any account whatever, or has in his possession, any arms or clothing, or any such articles belonging to any seaman, marine or deserter, as are generally deemed necessaries, according to the custom of the Navy, may be convicted thereof in the manner mentioned in the next preceding section but one, and shall then be liable to a penalty not less than sixty dollars, nor more than one hundred and twenty dollars and costs, and in default of payment shall be committed to gaol for a term not exceeding nine months, or until such penalty is paid. -(See 33 Vict., ch. 31.)

Sect. 4.-One half the amount of any penalty imposed under any of the preceding sections shall be paid over to the prosecutor or person by whose means the offender has been convicted, and the other moiety shall belong to the Crown.

Sect. 5.-Every offence against the preceding sections of this Act is a misdemeanor, and may be prosecuted as such, and the offender convicted shall then be liable to

punishment by fine and imprisonment in the discretion of the Court, and nothing in this Act shall be construed to prevent any person being prosecuted, convicted and punished under any Act of the Imperial Parliament in force in Canada; but no person shall be twice punished

for the same offence.

Sect. 6.-The examination of any soldier, seaman, or marine liable to be ordered from the Province, in which any offence against this Act is prosecuted, or of any witness sick, infirm, or about to leave such Province, may be taken de bene esse before any commissioner or other proper authority, in like manner as depositions in civil cases may be taken.

Sect. 7.-Any person reasonably suspected of being a deserter from Her Majesty's service may be apprehended and brought for examination before any Justice of the Peace, and if it appears that he is a deserter, he shall be confined in gaol until claimed by the military or naval authorities, or proceeded against according to law.

Sect. 8. No person shall break open any building to search for a deserter unless he has obtained a warrant for that purpose from a Justice of the Peace, such warrant to be founded on affidavit that there is reason to believe that the deserter is concealed in such building and that admittance has been demanded and refused, and any person resisting the execution of any such warrant shall thereby incur a penalty of eighty dollars, recoverable on summary conviction in like manner as other penalties under this Act.

Sect. 9.-Any Justice of the Peace upon information on oath or affirmation may issue a warrant for the apprehension of any person charged with an offence against this Act, as in the case of other offences against the law. See also 33 Vict., ch. 31, in which it seems to have

been forgotten that seamen's necessaries and clothing were already protected by sect. 3 of the said 32-33 Vict., ch. 25.

As to the Imperial Statutes on the subject, see 1 Russell, 142.

OFFENCES RESPECTING HER MAJESTY'S MILITARY AND NAVAL STORES.

32-33 VICT., CHAP. 26.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Sect. 1.-The marks described in the Schedule to this Act may be applied in or on Her Majesty's Naval, Military, Ordnance, Barrack, Hospital, and Victualling stores, to denote Her Majesty's property in stores so marked.

Sect. 2.-The Admiralty and War Department, their contractors, officers and workmen, may apply the said marks, or any of them, in or on any such stores as are described in the said Schedule.

Sect. 3.-Whosoever, without any lawful authority (proof of which authority shall lie on the party accused) applies any of the said marks in or on any such or any like stores, is guilty of a misdemeanor, and shall be liable to be imprisoned for any term less than two years, with or without hard labour.

Sect. 4.-Whosoever, with intent to conceal Her Majesty's property in any Naval, Military, Ordnance, Barrack, Hospital or Victualling stores, takes out, destroys or obliterates, wholly or in part, any such mark as aforesaid, is guilty of felony, and shall be liable to be imprisoned for any term less than two years, with or

without hard labour, and with or without solitary confinement.

Sect. 5.-Whosoever, without lawful authority (proof of which authority shall lie on the party accused) receives, possesses, keeps, sells, or delivers any Naval, Military, Ordnance, Barrack, Hospital, or Victualling stores, bearing any such mark as aforesaid, knowing them to bear such mark, is guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding one year, with or without hard labour.

Sect. 6. Where the person charged with such a misdemeanor as last aforesaid, was, at the time at which the offence is charged to have been committed, a dealer in marine stores, or a dealer in old metals, or in Her Majesty's service or employment, knowledge on his par that the stores to which the charge relates bore such mark as aforesaid shall be presumed until the contrary

is shewn.

Sect. 7.-Any person charged with such misdemeanor as last aforesaid in relation to stores, the value of which does not exceed twenty-five dollars, shall be liable, on summary conviction before two Justices of the Peace, or any Recorder, Stipendiary Magistrate or Police Magistrate, or the City Court of Halifax, to a penalty not exceeding one hundred dollars, or in the discretion of the Court, or Justices, or Magistrate, to be imprisoned for any term not exceeding six months with or without hard labour.

Sect. 8.-In order to prevent a failure of justice in some cases, by reason of the difficulty of proving knowledge of the fact that stores bore such a mark as aforesaid, if any Naval, Military, Ordnance, Barrack, Hospital or Victualling stores, bearing any such mark, are found in the possession of any person not being a dealer