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throws in, into, upon, against or near any building, ship or
vessel, any gunpowder or other explosive substance, with
intent to do any bodily injury to any person, whether or not
any explosion takes place, and whether or not any bodily in-
jury is effected, is guilty of felony, and shall be liable to be
imprisoned in the penitentiary for any term not exceeding
fourteen years and not less than two years, or to be imprison-
ed in any other gaol or place of confinement for any term less
than two years, with or without hard labour, and with or
without solitary confinement.



Setting spring 30. Whosocvcr scts or placcs, or causes to be set or placed,
wis? mtent to ^^7 spring-guu, man-trap, or other engine calculated to des-
troy



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1869. Ofince$agaimtthePirt(m. Chap.Sa^ lOl

troy human life or inflict grievous bodily harm, with the ^^J^gf*^'
intent that the same or whereby the same may destroy or hftnn.
inflict grievous bodily harm, ui)on any trespasser or other
person coming in contact therewith, is guilty of a misde-
meanor, and shall be liable to be imprisoned in the peniten-
tiary for any term not exceeding three years and not less
than two years, or to be imprisoned in any other gaol or
place of confinement for any term less than two years, with
or without hard labour; — and whosoever knowingly and
wilfully permits* any such spring-gun, man-trap, or other
engine which may have been set or placed in any place, then
being in or afterwards coming into his jKJssession or occupa-
tion, by some other person, to continue so set or placed shall
be deemed to have set or placed such gun, trap or engine
with such intent as aforesaid : Provided, that nothing in ^r<iff\M^
this section contained shall extend to maJke it illegal to set
or place any gin or trap such as may have bee'n or may be
usually set or placed with the intent of destroying vermin.

3 1 , Whosoever unlawfully and maliciously puts or throws Placing wj^
upon or across any railway any wood, stone, or other matter ^^^ ^©r r©-
or thing, or unlawfully and maliciously takes up, removes moTlngridU,
or displaces any rail, sleeper, or other matter or thing belong- * ^'^ to ^-
ing to any railway, or unlawfully and maliciously turns, danger pat-
moves or diverts any point, or other machinery belonging to ^^'^K^'*-
any railway, or unlawfully and maliciously makes or shows,

hides or removes any signal or light upon or near to any rail-
way, or unlawfully or maliciously does or causes to be done
any other matter or thing, with intent, in any of the cases
aforesaid, to endanger the safety of any person travelling or
being upon such railway, is guilty of felony, and sliall be
liable to be imprisoned in the penitentiary i^^r life, or for any
term not less than two years, or to be imprisoned in any
other gaol or place of confinement for any term less than
two years, with or without hard labour,

32, Whosoever unlawfully and maliciously throws, or Casting
causes to fall or strike at, against, into or upon any engine, ^1^^ *5:
t /ader, carriage or truck used ui)on any railway, any wood, wajcamaga
stone, or other matter or thing, with intent to injure or en- ^^^j^^^^
danger the safety of any person being in or ixpon such engine, safety ^'ao/
tender, carriage or truck, or in or upon any other engine, ^JJJJ^
tender, carriage or truck of any train, of which such first- ***
mentioned engine, tender, carriage or truck forms part, is

guilty of felony, and shall be liable to be imprisoned in the
penitentiary for life, or for any term not less than two years,
or to be imprisoned in any other gaol or place of confinement
for any term less than two years, with or without hard
labour. ^



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^



104 Cliap. 20. Offence agaimt the Person. 82-88 Yipr.

Doing: any. 33. Whosoever, by any unlawfal act, or by any wilftil
d^nger^DM^ omission or neglect of duty, endangers or causes to be en-
fiengers by dangered the safety of any person conveyed or being in ox
railway. xipon a railway, or aids or assists therein, is guilty of a mis-
demeanor, and shall be liable to be imprisoned in any gaol
or place of confinement other than a i)enitentiary, for any
term less than two years, with or without hard labour.

DriTcrsofcar- 34. Whosoever, baring the charge 9f any carriage or

fng^persoor Vehicle, by wanton or furious driving, or racing or other

by furious wilful misconduct, or by wilful neglect, does or causes to be

dnving. ^o\\^ ally bodily harm to any person whatsoever, is guilty of

a misdemeanor, and shall be liable to be imprisoned in any

gaol or place of coniinement other than a penitentiary, for

any term less than two years, with or without hard labour.

wwm^^^^^ 35. Whosoever, by any unlawful act, or by doing negli-
bSdiiy^injury. gently or omitting to do any act, which it is his du^ to do,
causes grievous bodily injury to any other person, is guilty
of a misdemeanor, and shall be liable to be imprisoned in any
gaol or place of confinement other than a penitentiary for
any term less than two years.

AssauUs,

ObBtnicting 36. "Wbosoever by threats or force, unlawfully obstructs
Tciergyman ^^ prevents, or endeavors to obstruct or prevent any clergy-
or other min- man or other minister in or from celebrating Divine Service,
ducharge of ^^ otherwise officiating in any church, chapel, meeting-house,
his duties. school-house or other place used for Divine Worship, or in or
from the performance of his duty in the lawful burial of the
dead, in any church-yard or other burial place, or strikes cr
offers any violence to, or upoii any civil process, or under tte
pretence of executing any ci\il process, arrests any clergy-
man or other minister who is engaged in or, to the know-
ledge of the offender, is about to engage in any of the rites
or duties in this section aforesaid, or who, to the knowledge
of the offender, is going to perform the same, or returning
. from the performance thereof, is guilty of a misdemeanor,
and shall be liable to be imprisoned in any gaol or place of
confinement, other than a penitentiary for any term less than
two years, with or without hard labour.

Disturb'njr 37^ Whosoever wilfully disturbs, interrupts, or disquiets

me^frclt^^ ^^J assemblage of persons met for religious worship, or for
gioufl worship, any moral, sooial or benevolent purpose, by profane discourse,
by rude, or indecent behaviour, or by making a noise, either
within the place of such meeting or so near it as to disturb
the order or solemnity of the meeting, may be arrested on
view by any peace officer present at such meeting, or by any

other



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1899. Qfenea against the Person. . Chap 20. 105

other person present thereto verbally anthorized by any Jus-
tice of the Peace present thereat, and detained until he can be
brought before a Justice of the Peace ; and such offender
shall, upon conviction thereof before a Justice of the Peace,
on the oath of one or more credible witnesses, forfeit and pay
such sum of money, not exceeding twenty dollars, as the *
said justice may think fit, and costs, within the period spe-
cified for the payment thereof, by the convicting justice at
the time of the conviction : and m default of pa3rment, such
justice shall issue his warrant to a constable to levy such
fine and costs within a time to be specified in the warrant ;
and if no sufficient distress can be found, such justice shall
commit the offender to the common gaol of the district,
county, or place wherein the offence was committed, for any
term not exceeding one month, unless the fine and costs be
sooner paid.

38. Whosoever assaults and strikes or wounds any AsBauitinira
magistrate, officer or other person whatsoever, lawfully au- °c.f engaged
thorized in or on account of the exercise of his duty, m or in prescrrmg
concerning the preservation of any vessel in distress, or of ^^c*^-
any vessel, goods or effects, wrecked, stranded, or cast on

shore, or lying under water, is guilty of a misdemeanor, and
shall be liable to be imprison^ in the penitentiary for any
term not exceeding seven years, and not less than two years,
or to be imprisoned in any other gaol or place of confine-
ment for any term less than two years, with or without hard
labour.

39. Whosoever assaults any person with intent to commit Assault with
felony, or assaults, resists, or wilfully obstructs any revenue mHfe\onT**OT*
or p^u^e officer in the due execution of his duty, or any per- on peace '
son acting in aid of such officer, or assaults any person with ^®<^"> *<^-
intent to resist or prevent the lawful apprehension or de-
tainer of himself, or of any other person for any offence, is

guilty of a misdemeanor, and shall be liable to be imprisoned
in any gaol or place of confinement other than a penitentiary
for any term less than two years, with or without hara
labour.

4#. Whosoever beats or uses any violence or threat of Awauite with
violence to any person with intent to deter or hinder him obstruct the
from buying, selling or otherwise disposing of, any wheat or sale of f^in,
pther prain, flour, meal, malt, or potatoes, or other produce fr^;L^[^^.
or ffoo^, in any market or other place, or beats or uses any
ioch violence or threat to any person having the charge or
care of any wheat or other grain, flour, meal, malt or
potatoes, wnilst on the way to or from any city, market
town or other place, with intent to stop the conveyance of
the same, shall, on conviction thereof before two Justices of

the



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106



Chap. 20,



O/feneet agaimt the Perum. 82-S8 YlOT.



Proviso.



Assaults on
seameu, Ac.



F.orlio.



Assanlts
arising from
eorabinatioD.



Persons com-
mitting any
common
assault or bat-
tery may be
imprisoned or
compelled by
any magis-
trate to pay
fine and costs
not exceeding
$20.



the Peace, be liable to be imprisoned and kept to hard labour
in any gaol or place of confinement, other than a peniten-
tiary, for any term riot exceeding three months : Provided
that no person punished for any such offence by virtue of
this section shall be punished for the same offence by virtue
of any other law whatsoever.

4 1. Whosoever unlawfully and with force hinders or pre-
vents any seaman, stevedore, ship-carpenter or other person
usually working at or on board any ship or vessel, from
working at or exercising his lawful trade, business or occu-
pation, or beats, or uses any violence to any such i)erson with
intent to hinder or prevent him from working at or exe^
cising the same, shall, on conviction thereof before two
Justices of the Peace, be liable to be imprisoned and kept to
hard labour in any gaol or place of confinement other than
a penitentiary for any term not exceeding three months :
Provided that no person for any such offence by reason of
this section shall be punished for the same offence by any
other law whatsoever.

49. Whosoever, in pursuance of any unlawful combina-
tion or conspiracy to raise the rate of wages, or of any un-
lawful combination or conspiracy respecting any trade,
business or manufacture, or respecting any person concerned
or employed therein, unlawfully assaults any person, or in
pursuance of any such combination or conspiracy, uses any
violence or threat of violence to any i)erson, with a view to
hinder him from working or being employed at such trade,
business or manufacture, is guilty of a misdemeanor, and
shall be liable to be imprisoned in any gaol or place of con-
finement, other than a penitentiary, for any term lees than
two years, with or without hard labour.

48, Where any person unlawfully assaults or beats any
other person, any Justice of the Peace, upon complaint by
or on behalf of the party aggrieved, praying him to proceed
summarily on the complaint, may hear and determine such
offence, and the offender shall, upon conviction thereof be-
fore him, at the discretion of the justice, either be committed
to any gaol or place of confinement, other than the i)eni-
tentiary, there to be imprisoned, with or without hard labour,
for any term not exceeding two months, or else shall forfeit
and pay such fine as shall appear to the justice to be meet,
not exceeding the sum of twenty dollars, together with
costs (if ordered) ; and if such fine so awarded, together
with costs (if ordered), are not paid, either immediately after
the conviction or within such period as the said justice
shall, at the time of the conviction, appoint, he may commit
the offender to any gaol or place of confinement, other than



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1869. Offences against the Person. Chap 20. 107

a penitentiary, there to be imprisoned for any term not ex-
ceeding two months, unless such fine and costs be sooner
paid.

44. If the justice, upon the hearing of any case of assault JJ^\^®^"J{jg^
or battery upon the merits, where the complaint was prefer- the complaint,
red by or on behalf of the party aggrieved, under the last ^®^^^*^"^"fiH*
preceding section, deems the offence not to be proved, or cate^o Uiat
finds the assault or battery to have been justified or so -i^f^ct.
trifling as^ not to merit any punishment, and accordingly
dismisses the complaint, ho snail forthwith make out a cei-

tificate under his hand, stating the fact of such dismissal,
and shall deliver such certificate to the party against whom
the complaint was preferred.

45. If any person against whom any such complaint, as Certificate or
in either of the last two preceding sections mentioned, has ghau be"a bar
been preferred, by or on the behalf of the party aggrieved, to any other
has obtained such certificate, or, having been contacted, has ^^°^^^ ^°^'
paid the whole amount adjudged to be paid or has suffered

the imprisonment, or imprisonment with hard labour award-
* ed, — in every such case he shall be released from all further
or other proceedings, civil or criminal, for the same cause.

46. Provided that in cate the justice finds the assault or ^^^^^ll'
battery complained of to have been accompanied by an at- apply to cer^
tempt to commit felony, or is of opinion that the same is, ^"^^ <^*^^®*-
from any other circumstance, a fit subject for prosecution by
indictment, he shall abstain from any adjudication thereupon,

and shall deal with the case in all respects in the same man-
ner as if he had no authority finally to hear and determine
the same : Provided also, that nothing herein contained shall ^^^^^^^^^JJ^"
authorize any justice to hear and determine any case of as- Stie to land,
sault or battery, in which any question shall arise as to the &c., comes m
title to any lands, tenements, hereditaments, or any interest ^"^* ^^^'
therein or accruing therefrom, or as to any bankruptcy or in-
solvency, or any execution under the process of any court of
justice.

4 7, Whosoever is convicted upon an indictment, of any Assault occa-
assault occasioning actual bodily harm, shall be liable to be hamu*^ ° ^ ^
imprisoned in the penitentiary for any term not exceeding
three years and not less than two years, or to be imprisoned
in any other gaol or place of confinement for any term less
than two years, with or without hard labour ; and whoso-
ever is convicted u]X)n an indictment for a common assault, ^^^^
shall be liable to be imprisoned in any gaol or place of con-
finement, other than a penitentiary, for any term not ex-
ceeding .one year, with or without hard labour.

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108 Chap. 20. Cfences against the Person. 82-88 YlCT.

ConrtofQ. 8. 48, Neither the Justices of the Peace acting in and for
toin offemc«f r ^^Y district, county, division, city or place, nor any Judge
of the Sessions of the Peace, nor the Recorder of any city,
shall, at any Session of the Peac?, or at any adjournment
thereof, try any person for any offence under the twenty-
seventh, twenty-eighth, or twenty-ninth sections of this Act

Bape, abductiam tmd defilement of women.

R»p«- 49. Whosoever commits the crime of rape is guilty of

felony, and shall suffer death as a felon.

demeniL"n^t o^ **• Whosoevcr hy false pretences, false representations, or
girl under Other fraudulent means, procures any woman or girl under
*^*' the age of twenty-one years, to have illicit carnal connection

with any man other than the procurer, is guilty of a misde-
meanor, and shall be liable to be imprisoned in any gaol or
{>lace of confinement, other than a penitentiary, for any term
ess than two years, with or without hard labour.

Carnaiij 51, Whosoever unlawfully and camally kuows and abuses

gw^itt<fe*ten any girl under the age of ten years, is guilty of felony, and
yeart of age. ghall suffer death as a felon.

knowing a ^^' Whosoevcr uulawfally and carnally knows and abuses
^1 between any girl being above the age of ten years and under the lu^
Mid^twehre!*'* of twclvc years is guilty of a misdemeanor, and shall be
liable to be imprisoned in the penitentiary for any term not
exceeding seven years and not less than two years, or to be
imprisoned in any other gaol or place of confinement for any
term less than two years, with or without hard labour.

commS^^ch *•*• Whosoever shall be convicted pf any indecent assault
offence. upon anjr female, or of any attempt to have carnal knowled^

of an^ girl under twelve years of age, shall be liable to be
imprisoned in any gaol or place of confinement, other than a
I)enitentiary, for any term less than two years, with or with-
out hard labour, and with or without whipping.

a 5?otoan*^ ^^ * ^ • ^^^^ ^^J womau of any age has any interest, whether
against her legal or equitable, present or future, absolute, conditional or
motlv^ of contingent in any real or personal estate, or is a presumptive
lucre. heiress or co-heiress or presumptive next of kin, or one of the

presumptive next of kin to any one having such interest,
whosoever from motives of lucre, takes away or detains such
woman against her will with intent to marry or carnally
know her, or to cause her to be married or camiuly known by
'^fj^daient any other person ; and whosoever fraudulently allures, takes
uction of a ^^^y or detains such v^oman, being under the age of twenty-
one



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Id69. Offenct% affainsl the Person. Chap. t6. lOd

one years, out of the possession and against the will of her girl underage
father and mother or of any other person having the lawful wfn ofii^*
care or charge of her, with intent to marry or carnally know father, 4c.
her or to cause her to be married or carnally known by any
other pelison, is guilty of felony, and shall be liable to be im-
prisoned in the penitentiary for any term not exceeding four-
teen years and not less than two years, — or to be imprisoned
in any other gaol or place of confinement for any term less
than two years, with or without hard labour ; and whoso- Offender in-
ever is convicted of any offence against this section shall be ^Sng^ny of
incapable of taking any estate or interest, legal or equitable, her property.
in any real or personal property of such woman, or in which
she has any such interest, or wnich shall come to her as such
heiress, co-heiress or next of kin as aforesaid ; and if any such
marriage as aforesaid shall have taken place, such property
shall, ti];>on such conviction be settled in such manner as the
Court of Chancery in Ontario, the Supreme Court in Nova
Scotia or New Brunswick, or the Superior Court in Quebec,
shall appoint, upon any information at the suit of the Attor^
ney General for the Province in which the property is
situate.

65. Whosoever by force takes away or detains against her popcibie ab-
will any woman, of any age, with intent to marry or carnally ductionofany
blow her, or to cause her to be married or carnally known •^tS*^^^
by any other person, is guilty of felony, and shall be liable marry her.
to be imprisoned in the penitentiary for any term not exceed-
ing fourteen years and not less than two years, — or to be im-
pnsoned in any other gaol or place of confinement for any
term less than two years, with or without hard labour.

56. Whosoever unlawfully takes or causes to be taken any
unmarried girl being under the age of sixteen years, out of a g^ under
the possession and a^inst the will of her father or mother or sixteen years
of any other person having the lawful (^re or charge of her, ^^^J^-

is guilty of a misdemeanor, and shall be liable to be impri-
soned in any gaol or place of confinement, other than a peni-
tentiary, for any term less than two years, with or without
hard labour.

Child Stealing.

57. Whosoever unlawfully, either by force or fraud, leads

or takes away or decoys or entices away or detains any child Child steaUng
under the age of fourteen years, with intent to deprive any
parent, guardian or other person having the lawful care or
chaise of such child, of the possession of such child, or with
intent to steal any article upon or about the person of such
child, to whomsoever such article may belong, and whoso-
ever, with any such intent, receives or harbours any such
child, knowing the same to have been by force or fraud led,

^takeziy

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no



Chap 20.



Offences against the Person. 32-38 VlCT.



taken, decoyed, enticed away or detained, as in this section
before mentioned, is guilty of felony, and shall be liable to
be imprisoned in the penitentiary for any term not exceeding
seven years and not less than two years, or to be imprisoned
in any other gaol or place of confinement for any term less
ProTiso. than two years, with or without hard labour : Provided that

no person who has claimed any right to the possession of
such child, or is the mother, or has claimed to be the father
of an illegitimate child, shall be liable to be prosecuted by
virtue hereof on account of the getting possession of such
child or taking such child out of the possession of any per-
son having the lawful charge thereof.



Bigamj.



Offence may
be dealt with
where offender
shall be ap-
prehended.



Not to extend
to second mar-
riages, &c.,
herein stated.



Husband or
wife absent
seven years,
Ac, or
dirorced.



Bigamy,

58. Whosoever, being married, marries any .other person
during the life of the former husband or wife, whether the
second marriage has taken place in Canada, or elsewhere, is
guilty of felony, and shall be liable to be imprisoned in the
penitentiary for any term not exceeding seven years and not
less than two years, or to be imprisoned in any other gaol or
place of confinement for any term less than two years, with
or without hard labour : and any such ofience may be dealt
with, enquired of, tried, determined and punished in any
district, county or place in Canada, where the offender is
apprehended or is in custody, in the same manner in all res-
pects as if the offence had been actually committed in that
district, county or place : Provided that nothing in this sec-
tion contained shall extend to any second marriage contracted
elsewhere than in Canada by any other than a subject of Her
Majesty resident in Canada and leaving the same with intent
to commit the offence, or to any person marrying a second
time whose husband or wife has been continually absent
from such person for the space of seven years then last past,
and was not known by such person to be living within that
time, or shall extend to any person who, at the time of such
second marriage, was divorced from the bond of the first
marriage, or to any person whose former marriage has been
declared void by the sentence of any court of competent juris-
diction.

Attempts to procure abortion.



Administer-*
in^ drags or



59, Every woman, being with child, who, with the intent
to procure her own miscarriage, unlawfully administers to



mente to^ herself any poison or other noxious thing, or unlawfully

cure abortion, xises any instrument or other means whatsoever with the

like intent, and whosoever, with intent to procure the nais-

carriage of any woman, whether she be or be not with child,

unlawfully administers to her or causes to be taken by her

any



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1869. Offences against the Person' Chap. 20* 111

any poison or other noxious thing, or unlawfully uses any
instrument or other means whatsoever with the like intent,
is guilty of felony, and shall be liable to be imprisoned in
the penitentiary for life or for any term not less than two
years, — or to be imprisoned in any other gaol or place of con-
finement for any term less than two years, with or without



Online LibraryCanadaActs of the Parliament of the dominion of Canada relating to criminal law ... → online text (page 14 of 51)