the same, and take him before a justice of the peace, and make complaint of such offence on oath, in writing. 3. Every conductor, master or superior officer in charge of any such railway car or steamboat, who makes default in the discharge of any such duty is liable, on summary conviction, to a penalty not exceeding one hundred dollars and not less than twenty dollars. 4. Every company or person who owns or works any such railway car or steamboat must keep a copy of this section posted up in some conspicuous part of such railway car or steamboat. 5. Every company or person who makes default in the discharge of such duty is liable to a penalty not exceeding one hundred dollars and not less than twenty dollars. R.S.C., c. 160, ss. 1, 3 and 6. 204. Every one is guilty of an indictable offence, and Betting and liable to one year's imprisonment, and to a fine not exceeding pool-selling. one thousand dollars, who (a.) uses or knowingly allows any part of any premises. under his control to be used for the purpose of recording or registering any bet or wager, or selling any pool; or (b.) keeps, exhibits, or employs, or knowingly allows to be kept, exhibited or employed, in any part of any premises under his control, any device or apparatus for the purpose of recording any bet or wager or selling any pool; or (c.) becomes the custodian or depositary of any money, property or valuable thing staked, wagered or pledged; or (d.) records or registers any bet or wager, or sells any pool, upon the result (i.) of any political or municipal election; (ii) of any race; (iii) of any contest or trial of skill or endurance of man or beast. 2. The provisions of this section shall not extend to any person by reason of his becoming the custodian or depositary of any money, property or valuable thing staked, to be paid to the winner of any lawful race, sport, game, or exercise, or to the owner of any horse engaged in any lawful race, or to bets between individuals or made on the race course of an incorporated association during the actual progress of a race meeting. R.S.C., c. 159, s. 9. 205. Every one is guilty of an indictable offence and Lotteries. liable to two years' imprisonment and to a fine not exceeding two thousand dollars, who (a.) makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised or published, any proposal, scheme or plan for advancing, lending, giving, selling or in any way disposing of any property, by lots, cards, tickets, or any mode of chance whatsoever; or (b.) Misconduct in respect to human remains. (b.) sells, barters, exchanges or otherwise disposes of, or causes or procures, or aids or assists in, the sale, barter, exchange or other disposal of, or offers for sale, barter or exchange, any lot, card, ticket or other means or device for advancing, lending, giving, selling or otherwise disposing of any property, by lots, tickets or any mode of chance whatsoever. 2. Every one is guilty of an offence and liable on summary conviction to a penalty of twenty dollars, who buys, takes or receives any such lot, ticket or other device as aforesaid. 3. Every sale, loan, gift, barter or exchange of any property, by any lottery, ticket, card or other mode of chance depending upon or to be determined by chance or lot, is void, and all such property so sold, lent, given, bartered or exchanged, is liable to be forfeited to any person who sues for the same by action or information in any court of competent jurisdiction. 4. No such forfeiture shall affect any right or title to such property acquired by any bona fide purchaser for valuable consideration, without notice. 5. This section includes the printing or publishing, or causing to be printed or published, of any advertisement, scheme, proposal or plan of any foreign lottery, and the sale or offer for sale of any ticket, chance or share, in any such lottery, or the advertisement for sale of such ticket, chance or share. 6. This section does not apply to (a.) the division by lot or chance of any property by joint tenants or tenants in common, or persons having joint interests (droits indivis) in any such property; or (b.) raffles for prizes of small value at any bazaar held for any charitable object, if permission to hold the same has been obtained from the city or other municipal council, or from the mayor, reeve or other chief officer of the city, town or other municipality, wherein such bazaar is held and the articles raffled for thereat have first been offered for sale and none of them are of a value exceeding fifty dollars; or (c.) any distribution by lot among the members or ticket holders of any incorporated society established for the encouragement of art, of any paintings, drawings or other work of art produced by the labour of the members of, or published by or under the direction of, such incorporated society, (d.) the Crédit Foncier du Bas-Canada, or to the Crédit Foncier Franco-Canadien. 206. Every one is guilty of an indictable offence and liable to five years' imprisonment who- (a.) without lawful excuse, neglects to perform any duty either imposed upon him by law or undertaken by him with reference to the burial of any dead human body or human remains; or (b.) improperly or indecently interferes with or offers any indignity to any dead human body or human remains, whether buried or not. PART XV. VAGRANCY. 207. Every one is a loose, idle or disorderly person or Vagrant vagrant who (a.) not having any visible means of maintaining himself lives without employment; (b.) being able to work and thereby or by other means to maintain himself and family wilfully refuses or neglects to do so; (c.) openly exposes or exhibits in any street, road, highway or public place, any indecent exhibition; (d.) without a certificate signed, within six months, by a priest, clergyman or minister of the Gospel, or two justices. of the peace, residing in the municipality where the alms are being asked, that he or she is a deserving object of charity, wanders about and begs, or goes about from door to door, or places himself or herself in any street, highway, passage or public place to beg or receive alms; (e.) loiters on any street, road, highway or public place, and obstructs passengers by standing across the footpath, or by using insulting language, or in any other way; (f.) causes a disturbance in or near any street, road, highway or public place, by screaming, swearing or singing, or by being drunk, or by impeding or incommoding peaceable passengers; (g.) by discharging firearms, or by riotous or disorderly conduct in any street or highway, wantonly disturbs the peace and quiet of the inmates of any dwelling-house near such street or highway; (h.) tears down or defaces signs, breaks windows, or doors or door plates, or the walls of houses, roads or gardens, or destroys fences; (i.) being a common prostitute or night walker, wanders in the fields, public streets or highways, lanes or places of public meeting or gathering of people, and does not give a satisfactory account of herself; (j) is a keeper or inmate of a disorderly house, bawdyhouse or house of ill-fame, or house for the resort of prostitutes; (k) is in the habit of frequenting such houses and does not give a satisfactory account of himself or herself; or (1.) having no peaceable profession or calling to maintain himself by, for the most part supports himself by defined. Penalty for vagrancy. gaming or crime, or by the avails of prostitution. R.S.C., c. 157, s. 8. 208. Every loose, idle or disorderly person or vagrant is liable, on summary conviction before two justices of the peace, to a fine not exceeding fifty dollars or to imprisonment, with or without hard labour, for any term not exceeding six months, or to both. R.S.C., c. 157, s. 8. Duty to provide the neces TITLE V. OFFENCES AGAINST THE PERSON AND REPUTA- PART XVI. DUTIES TENDING TO THE PRESERVATION OF LIFE. 209. Every one who has charge of any other person saries of life. unable, by reason either of detention, age, sickness, insanity or any other cause, to withdraw himself from such charge, and unable to provide himself with the necessaries of life, is, whether such charge is undertaken by him under any contract, or is imposed upon him by law, or by reason of his unlawful act, under a legal duty to supply that person with the necessaries of life, and is criminally responsible for omitting, without lawful excuse, to perform such duty if the death of such person is caused, or if his life is endangered, or his health has been or is likely to be permanently injured, by such omission. Duty of head of family to provide necessaries. Duty of mas ters to provide necessaries. 210. Every one who as parent, guardian or head of a family is under a legal duty to provide necessaries for any child under the age of sixteen years is criminally responsible for omitting, without lawful excuse, to do so while such child remains a member of his or her household, whether such child is helpless or not, if the death of such child is caused, or if his life is endangered or his health is or is likely to be permanently injured, by such omission. 2. Every one who is under a legal duty to provide necessaries for his wife, is criminally responsible for omitting, without lawful excuse so to do, if the death of his wife is caused, or if her life is endangered, or her health is or is likely to be permanently injured by such omission. 211. Every one who, as master or mistress, has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of sixteen years is under a legal duty to provide the same, and is criminally responsible for omitting, without lawful excuse, to perform such duty, if the the death of such servant or apprentice is caused, or if his life is endangered, or his health has been or is likely to be permanently injured, by such omission. dangerous 212. Every one who undertakes (except in case of neces- Duty of persity) to administer surgical or medical treatment, or to do sons doing any other lawful act the doing of which is or may be acts. dangerous to life, is under a legal duty to have and to use reasonable knowledge, skill and care in doing any such act, and is criminally responsible for omitting, without lawful excuse, to discharge that duty if death is caused by such omission. of dangerous 213. Every one who has in his charge or under his control Duty of peranything whatever, whether animate or inanimate, or who sons in charge erects, makes or maintains anything whatever which, in the things. absence of precaution or care, may endanger human life, is under a legal duty to take reasonable precautions against, and use reasonable care to avoid, such danger, and is criminally responsible for the consequences of omitting, without lawful excuse, to perform such duty. gerous to life. 214. Every one who undertakes to do any act, the omis- Duty to avoid sion to do which is or may be dangerous to life, is under a omissions danlegal duty to do that act, and is criminally responsible for the consequences of omitting, without lawful excuse, to perform that duty. 215. Every one is guilty of an indictable offence and Neglecting liable to three years' imprisonment who, being bound to duty to properform any duty specified in sections two hundred and ries. Amended nine, two hundred and ten and two hundred and eleven vide necessa without lawful excuse neglects or refuses to do so. unless, 56 Vic.C.3: the offence amounts to culpable homicide 216. Every one is guilty of an indictable offence and liable Abandoning two years of to three years' imprisonment who unlawfully abandons or children under 2. The words "abandon" and "expose" include a wilful omission to take charge of the child on the part of a person legally bound to do so, and any mode of dealing with it calculated to leave it exposed to risk without protection. R.S.C., c. 162, s. 20. apprentices or 217. Every one is guilty of an indictable offence and liable Causing bo to three years' imprisonment who, being legally liable as dily harm to master or mistress to provide for any apprentice or servant, servants. unlawfully does, or causes to be done, any bodily harm to any such apprentice or servant so that the life of such apprentice or servant is endangered or the health of such apprentice or servant has been, or is likely to be, permanently injured. R.S.C., c. 62, s. 19. PART |