prison, or who forcibly breaks out of his cell, or makes any breach therein with intent to escape therefrom. R.S.C., c. 155, s. 5. 163. Every one is guilty of an indictable offence and liable Escape from to two years' imprisonment who (a.) having been convicted of any offence, escapes from any lawful custody in which he may be under such conviction; or (b.) whether convicted or not, escapes from any prison in which he is lawfully confined on any criminal charge. custody after conviction or from prison. lawful cus 164. Every one is guilty of an indictable offence and liable Escape from to two years' imprisonment who being in lawful custody tody. other than as aforesaid on any criminal charge, escapes from such custody. 165. Every one is guilty of an indictable offence and liable Assisting esto seven years' imprisonment who (4.) rescues any person or assists any person in escaping, or attempting to escape, from lawful custody, whether in prison or not, under sentence of death or imprisonment for life, or after conviction of, and before sentence for, or while in such custody upon a charge of any crime punishable with death or imprisonment for life; or (b.) being a peace officer and having any such person in his lawful custody, or being an officer of any prison in which any such person is lawfully confined, voluntarily and intentionally permits him to escape therefrom. cape in certain cases. 166. Every one is guilty of an indictable offence and liable Assisting esto five years' imprisonment who (a.) rescues any person, or assists any person in escaping, or attempting to escape, from lawful custody, whether in prison or not, under a sentence of imprisonment for any term less than life, or after conviction of, and before sentence for, or while in such custody upon a charge of any crime punishable with imprisonment for a term less than life; or (b.) being a peace officer having any such person in his lawful custody, or being an officer of any prison in which such person is lawfully confined, voluntarily and intentionally permits him to escape therefrom. cape in other cases. 167. Every one is guilty of an indictable offence and Aiding escape liable to two years' imprisonment who with intent to facili- from prison. tate the escape of any prisoner lawfully imprisoned conveys, or causes to be conveyed, anything into any prison. 168. Every one is guilty of an indictable offence and Unlawfully liable to two years' imprisonment, who knowingly and procuring dis unlawfully, charge of pri soner. How escaped prisoners shall be punished. unlawfully, under colour of any pretended authority, directs or procures the discharge of any prisoner not entitled to be so discharged, and the person so discharged shall be held to have escaped. R.S.C., c. 155, s. 8. 169. Every one who escapes from custody, shall, on being retaken, serve, in the prison to which he was sentenced, the remainder of his term unexpired at the time of his escape, in addition to the punishment which is awarded for such escape; and any imprisonment awarded for such offence may be to the penitentiary or prison from which the escape was made. R.S.C., c. 155, s. 11. Blasphemous libels. Obstructing officiating clergyman. Violence to officiating clergyman. TITLE IV. OFFENCES AGAINST RELIGION, MORALS AND PART XII. OFFENCES AGAINST RELIGION. 170. Every one is guilty of an indictable offence and liable to one year's imprisonment who publishes any blasphemous libel. 2. Whether any particular published matter is a blasphemous libel or not is a question of fact. But no one is guilty of a blasphemous libel for expressing in good faith and in decent language, or attempting to establish by arguments used in good faith and conveyed in decent language, any opinion whatever upon any religious subject. 171. Every one is guilty of an indictable offence and liable to two years' imprisonment who (a.) by threats or force, unlawfully obstructs or prevents, or endeavours to obstruct or prevent, any clergyman or other minister in or from celebrating divine service, or otherwise officiating in any church, chapel, meeting-house, schoolhouse or other place 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. R.S.C., c. 156, s. 1. 172. Every one is guilty of an indictable offence and liable to two years' imprisonment who strikes or offers any violence to, or upon any civil process, or under the pretense of executing any civil process, arrests any clergyman or other minister who is engaged in or, to the knowledge of the offender, is about to engage in, any of the rites or duties in the the next preceding section mentioned, or who, to the knowledge of the offender, is going to perform the same, or returning from the performance thereof. R.S.C., c. 156, s. 1. 173. Every one is guilty of an offence and liable, on Disturbing summary conviction, to a penalty not exceeding fifty dollars Public worship. and costs, and in default of payment to one month's imprisonment, who wilfully disturbs, interrupts or disquiets any assemblage of persons met for religious worship, or for any moral, social 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. R.S.C., c. 156, s. 2. PART XIII. OFFENCES AGAINST MORALITY. 174. Every one is guilty of an indictable offence and Unnatural liable to imprisonment for life who commits buggery, either offence. with a human being or with any other living creature. R.S.C., c. 157, s. 1. my. 175. Every one is guilty of an indictable offence and liable Attempt to to ten years' imprisonment who attempts to. commit the commit sodooffence mentioned in the next preceding section. R.S.C., c. 157, s. 1. 176. Every parent and child, every brother and sister, Incest. and every grandparent and grandchild, who cohabit or have sexual intercourse with each other, shall each of them, if aware of their consanguinity, be deemed to have committed incest, and be guilty of an indictable offence and liable to fourteen years' imprisonment, and the male person shall also be liable to be whipped: Provided that, if the court or judge is of opinion that the female accused is a party to such intercourse only by reason of the restraint, fear or duress of the other party, the court or judge shall not be bound to impose any punishment on such person under this section. 53 V., c. 37, s. 8. 177. Every one is guilty of an offence and liable, on Indecent acts. summary conviction before two justices of the peace, to a fine of fifty dollars or to six months' imprisonment with or without hard labour, or to both fine and imprisonment, who wilfully (a.) in the presence of one or more persons does any indecent act in any place to which the public have or are permitted to have access; or (b.) Acts of gross indecency. Publishing (b.) does any indecent act in any place intending thereby to insult or offend any person. 53 V., c. 37, s. 6. 178. Every male person is guilty of an indictable offence and liable to five years' imprisonment and to be whipped who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person. 53 V., c. 37, s. 5. 179. Every one is guilty of an indictable offence and obscene mat- liable to two years' imprisonment who knowingly, without lawful justification or excuse— ter. Posting immoral books, &c. (a.) publicly sells, or exposes for public sale or to public view, any obscene book, or other printed or written matter, or any picture, photograph, model or other object, tending to corrupt morals; or (b.) publicly exhibits any disgusting object or any indecent show; (c.) offers to sell, advertises, publishes an advertisement of or has for sale or disposal any medicine, drug or article intended or represented as a means of preventing conception or causing abortion. 2. No one shall be convicted of any offence in this section mentioned if he proves that the public good was served by the acts alleged to have been done. 3. It shall be a question of law whether the occasion of the sale, publishing, or exhibition is such as might be for the public good, and whether there is evidence of excess beyond what the public good requires in the manner, extent or circumstances in, to or under which the sale, publishing or exhibition is made, so as to afford a justification or excuse therefor; but it shall be a question for the jury whether there is or is not such excess. 4. The motives of the seller, publisher or exhibitor shall in all cases be irrelevant. 180. Every one is guilty of an indictable offence and liable to two years' imprisonment who posts for transmission or delivery by or through the post (a.) any obscene or immoral book, pamphlet, newspaper, picture, print, engraving, lithograph, photograph or other publication, matter or thing of an indecent or immoral character; or (b) any letter upon the outside or envelope of which, or any post card or post band or wrapper upon which there are words, devices, matters or things of the character aforesaid; or (c.) any letter or circular concerning schemes devised or intended to deceive and defraud the public or for the purpose of obtaining money under false pretenses. R.S.C., c. 35, s. 103. 181. Every one is guilty of an indictable offence and liable Seduction of to two years' imprisonment who seduces and has illicit girls under connection with any girl of previously chaste character, sixteen. ded of or above the age of fourteen years and under the age 56. V. 32, of sixteen years. R.S.C., c. 157, s. 3; 53 V., c. 37, s. 3. under promise 182. Every one, above the age of twenty-one years, is Seduction guilty of an indictable offence and liable to two years' of marriage. imprisonment who, under promise of marriage, seduces and has illicit connection with any unmarried female of previously chaste character and under twenty-one years of age. 50-51 V., c. 48, s. 2. ward, servant, 183. Every one is guilty of an indictable offence and Seduction of a liable to two years' imprisonment who, being a guardian, &c. seduces or has illicit connection with his ward, and every one who seduces or has illicit connection with any woman or girl of previously chaste character and under the age of twenty-one years who is in his employment in a factory, mill or workshop, or who, being in a common employment with him in such factory, mill or workshop, is, in respect of her employment or work in such factory, mill or workshop, under or in any way subject to his control or direction. 53 V., c. 37, s. 4. females who 184. Every one is guilty of an indictable offence and liable Seduction of to a fine of four hundred dollars, or to one year's imprison- are passengers ment, who, being the master or other officer or a seaman on vessels. or other person employed on board of any vessel, while such vessel is in any water within the jurisdiction of the Par liament of Canada, under promise of marriage, or by threats, or by the exercise of his authority, or by solicitation, or the making of gifts or presents, seduces and has illicit connection with any female passenger. 2. The subsequent intermarriage of the seducer and the seduced is, if pleaded, a good defence to any indictment for any offence against this or either of the two next preceding sections except in the case of a guardian seducing his ward. R.S.C., c. 65, s. 37. women. 185. Every one is guilty of an indictable offence, and Unlawfully liable to two years' imprisonment with hard labour, who defiling (a) procures, or attempts to procure, any girl or woman under twenty-one years of age, not being a common prostitute or of known immoral character, to have unlawful carnal connection, either within or without Canada, with any other person or persons; or (b.) inveigles or entices any such woman or girl to a house of ill-fame or assignation for the purpose of illicit intercourse or prostitution, or knowingly conceals in such house any such woman or girl so inveigled or enticed; or (c.) |