Abandoning or obstruct ing mails, &c., to be misde meanor. Not to prevent greater if incurred. "17. To abandon, or to obstruct or wilfully delay the passing or progress of any mail, or any car, train, locomotive engine, tive 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 punishment 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 much of c. 75 Con. Stat., And of c. 27, 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. WE [Assented to 28th April, 1877.] HEREAS 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: 1. All those parts of sections four, five, seven, nine, ten and eleven of the Act chapter seventy-five of the Consolidated Statutes for Upper Canada, intituled "An Act respecting Master and Servant," and all those parts of sections five and seven of the Act chapter twenty-seven, 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 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-fifth year c. 26 year of the reign of King George the Third, intituled 'An Act And of Act of for regulating Servants,' and for substituting other provisions PEI 2 W. 4, in lieu thereof," which make a violation of any of the provi- As makes sions of any of the said sections criminal, shall be and stand breach of conrepealed from and after the first day of May in the year of from 1st May, Our Lord one thousand eight hundred and seventy-eight. tract a crime, 1878. (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 Con. Stat., L. 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. contract en 2. Any person who wilfully and maliciously breaks any Breach of contract made by him, knowing or having reasonable cause dangering to believe that the probable consequences of his so doing, life, person or either alone or in combination with others, will be to en- property. danger human life, or to cause serious bodily injury, or to expose valuable property, whether real or personal, to destruction or serious injury; and of gas or (2.) Any person who, being under any contract made by Or with case him with any municipal corporation or authority, or with water comany company bound, agreeing or assuming to supply any panies, or city or any other place, or any part thereof, with gas or water, corporation. municipal 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 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, companies. How punishable. Breach of municipal or water company. 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 comcontract by pany, which being bound, agreeing or assuming to supply authority, gas any city, or any other place, or any part thereof, with gas or water, wilfully and maliciously breaks any contract made 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 Or railway company. (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 punish shall be liable to a penalty not exceeding one hundred able. Word "maliciously" how construed. Prosecution to be as under 35 V., c. 31 amended by 39 V., c. 37. Not to pre to greater dollars. 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 twenty-two, 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 be prosecuted as provided by the Act thirty-fifth Victoria, 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." 6. Nothing in this Act contained shall prevent any person vent liability from being liable under any other Act, or otherwise, to any punishment. 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. Municipalities, gas, water or 7. Every municipal corporation, authority, or company, mentioned in the second section, shall cause to be posted up railway com- at the gas-works, or water-works, or railway stations, as the panies, to post case may be, belonging to such corporation, authority, or company, a printed copy of this Act, in some conspicuous up copies of this Act. place, place, where the same may be conveniently read by the public, and as often as such copy becomes defaced, obliterated or destroyed, shall cause it to be renewed with all reasonable despatch; (2.) Any such municipal corporation, authority or com- Penalty for pany, making default in complying with the provisions of default. this section, in relation to such copy as aforesaid, shall be liable to a penalty not exceeding twenty dollars for every day during which such default continues; and any person unlawfully injuring, defacing, or covering up any such copy so posted up, as aforesaid, shall be liable, on summary conviction, to a penalty not exceeding ten dollars. 8. This Act may be cited as "The Breaches of Contract Short title. Act, 1877." |