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PART II.

ACTS PASSED SINCE THE CONSOLIDATION OF THE STATUTES..

50-51 VICTORIA.

HER

CHAPTER 45.

An Act respecting Public Stores.

[Assented to 23rd June, 1887.]

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

1. This Act may be cited as " The Public Stores Act."

2. In this Act, unless the context otherwise requires :—

Short title.

[38-39 V., c. 25, s. 1.] Interpretation.

(a.) The expression "two justices of the peace" or "such "Justices of justices" includes any recorder, stipendiary magistrate, police "the peace," magistrate, or other person having the jurisdiction of two jus

tices of the peace;

(b.) The expression "public department" includes the Admi- " Public deralty and the War Department, and also any public department "partment." or office of the Government of Canada, or of the public or civil service thereof, or any branch of such department or office;

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stores.

(c.) The expression "public stores" includes all stores under "Public the care, superintendence or control of any public department as herein defined, or of any person in the service of such department;

(d.) The expression "stores" includes all goods and chattels, and any single store or article ;

"Stores." [38-39 V., c. 25, s. 2.]

Stores in pos

session or keeping of

(c.) Stores shall be deemed to be in the possession or keeping of any person if he knowingly has them in the actual possession or keeping of any other person, or in any house, building, any person. lodging, apartment, field or place, open or inclosed, whether [38-39 V., c. occupied by himself or not, and whether the same are so had 25, s. 10.] for his own use or benefit or for the use or benefit of another.

stores.

3. The marks described in the schedule to this Act may be Marks to be applied in or on any public stores to denote Her Majesty's used on H. M. property in such stores, and it shall be lawful for any public (38-39 V., e. department, and the contractors, officers and workmen of such 25, s. 4.] department, to apply such marks, or any of them, in or on any

such stores.

C.

Unlawfully using such marks.

[38-39 V., c.

25, s. 4.]

Unlawfully obliterating such marks.

[38-39 V., c. 25, s. 5.]

Unlawfully keeping or selling such

stores.

[30-31 V., c. 119, s. 7.

What shall be presumed to

as to marks.

4. Every one who, without lawful authority, the proof of which shall lie on him, applies any of the said marks in or on any such public stores is guilty of a misdemeanour, and liable to imprisonment for any term less than two years.

5. Every one who, with intent to conceal Her Majesty's property in any public stores, takes out, destroys or obliterates, wholly or in part, any such mark as aforesaid, is guilty of felony, and liable to imprisonment for any term less than two years.

6. Every one who, without lawful authority, the proof of which shall lie on him, receives, possesses, keeps, sells or delivers any public stores bearing any such mark as aforesaid, knowing them to bear such mark, is guilty of a misdemeanour and liable to imprisonment for any term not exceeding one

year.

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

[30-31 V., C. 119, s. 8.1

Penalty if

exceed $25.

8. Every one charged with such misdemeanour as last aforevalue does not said in relation to public stores, the value of which does not exceed twenty-five dollars, is liable, on summary conviction before two justices of the peace, to a penalty not exceeding one hundred dollars, or to imprisonment for any term not exceeding six months, with or without hard labour.

[30-31 V., c. 119, s. 9.]

As to proof

that stores

obtained.

[30-31 V., c. 128, s. 12.]

9. If any public stores, bearing any such mark, are found were lawfully in the possession of any person who is not a dealer in marine stores or a dealer in old metals, and who is not in Her Majesty's service, and such person, when taken or summoned before two justices of the peace, does not satisfy such justices that he came lawfully by such stores so found, he shall, on summary conviction, be liable to a penalty not exceeding twenty-five dollars; and if any such person satisfies such justices that he came lawFormer pos fully by the stores so found, the justices, in their discretion, as the evidence given or the circumstances of the case require, may summon before them every person through whose hands such stores appear to have passed; and if any such person who has had possession thereof, does not satisfy such justices that he came lawfully by the same, he shall, on summary conviction of having had possession thereof, be liable to a penalty not exceeding twenty-five dollars, and in default of payment, to imprisonment for any term not exceeding three months, with or without hard labour.

sessor may be summoned.

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