them, shall arrest offenders. How offenc ers shall be dealt with after arrest, Money, &c, so obtained to be dealt How this Act strued. 32, 33, V. c. 21 and 31. superior officer in charge in any railway train, or steamboat, station or landing place in or at which any such offence, as aforesaid, is committed or attempted, with or without warrant to arrest any person or persons whom he has good reason to believe to have committed or attempted to commit the same, and to take them before a Justice of the Peace, and make complaint of such offence on oath, in writing; and the offender, whether arrested with or without a warrant, shall be dealt with and other proceedings had as if he had been arrested upon a warrant of such justice. 4. Any money or valuable thing obtained by an offence against the first section of this Act, shall be dealt with as with as stolen. obtained by larceny from the person; and this Act shall be shall be con- interpreted as one Act with the " Act respecting Larceny and olher similar Offences;" and the "Act respecting the Duties of Justices of the Peace out of Sessions, in relation to persons charged with Indictable Offences," and other Acts relating to criminal law shall, so far as consistent with this Act, apply to proceedings under it; and any person arresting an offender, with or without a warrant, and taking him before a Justice of the Peace, and otherwise complying with this Act in respect of such offender, shall be entitled to the same fees, payable in the same manner, as if he had so done under a warrant of such justice. Fees to persons arresting an offender. Copies of Act to be posted. Penalty for default. 5. The company or persons owning or working any railway car or steamboat to which this Act applies, shall keep a copy thereof posted up in some conspicuous part of such conveyance, and any conductor, master or superior officer in charge who makes default in the discharge of any duty imposed on him by the third section, shall, on conviction thereof before a Justice of the Peace, be liable to a penalty of not less than twenty nor more than one hundred dollars." Preamble. 38 V., c. 41. CHAP. 33. An Act to amend the Act for the suppression of Gaming Houses. [Assented to 28th April, 1877.] WHEREAS it is expedient to amend the Act for suppressing Gaming Houses; Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :— amended. 1. The first section of the Act thirty-eighth Victoria, Section 1 chapter forty-one, intituled "An Act for suppressing Gaming Houses and to punish the keepers thereof," is hereby amended by inserting after the words "gaming house" in the eighth line, the words-"whether admission thereto be limited to those possessed of entrance keys, or otherwise." 2. Section three of the said Act is hereby amended by Section 3 striking out all the words after the word "aforesaid" in the amended. fifteenth line thereof. seized to be 3. The police magistrate or other justice before whom any Instruments person is taken by virtue of any order or warrant under the of gaming said Act shall direct any cards, dice, balls, counters, tables or destroyed. other instruments of gaming used in playing any game, and seized under the said Act, in any place used as a common gaming house, to be forthwith destroyed. of persons 4. Any person playing or looking on while any other Punishment person is playing in a common gaming house is guilty of an found in a offence, and shall be liable on conviction thereof to a fine common of not less than twenty, nor more than one hundred dollars, gaming and in default of payment to imprisonment in the common gaol for a term not exceeding two months: Provided always, Proviso: that such person shall not be liable on his trial to examination under the sixth section of the Act by this Act amended. 5. The third and fourth sections of this Act shall be read Construction. and taken as part of the Act by this Act amended. of Act. cases under . Th thirty-second and thirty-third Victoria, chapter 32-33 V., c.32 thirty-two, intituled "An Act respecting the prompt and to apply to summary administration of Criminal Justice in certain cases," section 4. shall apply to cases arising under the fourth section of this Act. H CHAP. 34. An Act to amend the Post Office Act, 1875. [Assented to 28th April, 1877.] ER Majesty, by and with the advice and consent of the Preamble. follows: 1. Sub-section seventeen of section seventy-two of the Act Sub-section thirty-eighth Victoria, chapter seven, known as "The Post 17 of 8. 72 of Office Act. 1875," is hereby repealed and the following sub- pealed, and stituted therefor :- 38 V. c. 7 re new one substituted. Abandoning or obstruct ing, Mail, &c., to be misde meanor. Not to pre punishment if incurred. "17. To abandon, or to obstruct or wilfully delay the passing or progress of any mail, or any car, train, locomotive engine, tender, carriage, vessel, horse or animal employed in conveying any mail on any railway, public highway, river, canal, or water communication, shall be a misdemeanor;" 2. Nothing in the foregoing sub-section contained vent greater shall prevent any person from being liable, under any other Act or otherwise, to any other or greater punishment than is provided for any offence under the said sub-section,---so, however, that no person be punished twice for the same offence. Proviso. Preamble. Repeal of so Con. Stat., U.C. Con. Stat. L.C. CHAP. 35. An Act to repeal certain laws making Breaches of Contracts of Service criminal, and to provide for the punishment of certain Breaches of Contract. [Assented to 28th April, 1877.] WHEREAS breaches of contract, whether of service, or otherwise, are in general civil wrongs only, and not criminal in their nature; and it is just that breaches of contract of service should in general be treated like other breaches of contract, as civil wrongs, and not as crimes; and that the law should be amended accordingly; And whereas certain wilful and malicious breaches of contract, involving danger to persons or property, or grave public inconvenience, should be punished as crimes: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 66 1. All those parts of sections four, five, seven, nine, ten much of c. 75 and eleven of the Act chapter seventy-five of the Consolidated Statutes for Upper Canada, intituled An Act And of c. 27, respecting Master and Servant," and all those parts of sections five and seven of the Act chapter twentyseven, of the Consolidated Statutes for Lower Canada, intituled An Act respecting Masters and Servants in the Country Parts," (as amended by the Act of the legislature of the late Province of Canada, twenty-ninth and thirtieth Victoria, chapter thirty-four, intituled "An Act to amend chapter twenty-seven of the Consolidated Statutes for Lower Canada, respecting Masters and Servants in the Country Parts,") and all those parts of section three of P.E.I. 2 W. 4, c. 26. three of the Act of the legislature of the Province of Prince Edward Island, second William the Fourth, chapter twentysix, intituled "An Act for repealing an Act of the thirty- And of Act fifth year of the reign of King George the Third, intituled 'An Act for regulating Servants,' and for substituting other provisions in lieu thereof," which make a violation of any of As makes the provisions of any of the said sections criminal, shall be breach of conand stand repealed from and after the first day of May from 1st May, in the year of Our Lord one thousand eight hundred and 1878 seventy-eight. tract a crime, Con. Stat., L. (2). All those parts of sections two and three of the said Other parts chapter twenty-seven of the Consolidated Statutes for Lower of c. 27 of Canada, as amended as aforesaid, which make a violation of C., repealed. any of the provisions of either of the said sections criminal, and which sections have been repealed by the act of the Legislature of Quebec, thirty-third Victoria, chapter twenty, intituled "An Act further to amend chapter twenty-seven of the Consolidated Statutes for Lower Canada respecting Masters and Servants in the country parts" are hereby repealed. 2. Any person who wilfully and maliciously breaks any con- Breach of tract made by him, knowing or having reasonable contract endangering cause to believe that the probable consequences of his so life, person or doing, either alone or in combination with others, will be property. to endanger human life, or to cause serious bodily injury, or to expose valuable property, whether real or personal, to destruction or serious injury; and wate com (2.) Any person who, being under any contract made by him or with case with any municipal corporation or authority, or with of gas or any company bound, agreeing or assuming to supply panies, or municipal any city or any other place, or any part thereof, with gas or corporation. 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; and (3.) Any person who, being under any contract made by Or railway him (a.) With a railway company, bound, agreeing or assuming to carry Her Majesty's mails, or passengers or freight; or (b.) With Her Majesty, or any one on behalf of Her Majesty, or of the Government, in connection with a Government railway on which Her Majesty's mails, or passengers or freight are carried, Wilfully companies. How punishable. Breach of contract by 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, Shall, on conviction thereof, be liable to be punished by fine not exceeding one hundred dollars, or by imprisonment for a term not exceeding three months, with or without hard labor. 3. Any municipal corporation or authority or any communicipal au- pany, which, being bound, agreeing or assuming to supply thority, gas any city, or any other place, or any part thereof, with gas or or water com- water, wilfully and maliciously breaks any contract_made pany. Or railway company. 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 and water; and-- (2). Any railway company which, being bound, agreeing or assuming to carry Her Majesty's mails or 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, How punist- shall be liable to a penalty not exceeding one hundred dollars. able. Word " maliciously" how construed. Prosecution 35 V. c. 31 39 V. c. 37. 4. The word "maliciously," used in reference to any offence against this Act, shall be construed in the same manner as it is required in the sixty-sixth section of the Act thirty-second and thirty-third Victoria, chapter twentytwo, intituled "An Act respecting Malicious Injuries to Property," to be construed with reference to any offence committed against the last mentioned Act. 5. All offences against the second section of this Act shall to be as under be prosecuted as provided by the Act thirty-fifth Victoria, amended by chapter thirty-one, intituled "An Act to amend the Criminal Law relating to Violence, Threats and Molestation," as amended by the Act thirty-ninth Victoria, chapter thirty-seven, intituled "An Act to amend the Criminal Law relating to Violence, Threats and Molestation." Not to pre to greater 6. Nothing in this Act contained shall prevent any vent liability person from being liable under any other Act, or otherwise, punishment. to any other or greater punishment than is provided for any offence by this Act,--so, however, that no person be punished twice for the same offence. |