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(b.) unlawfully applies or administers to, or causes to be taken by, or attempts to apply or administer to, or attempts or causes to be administered to or taken by, any person, any chloroform, laudanum or other stupefying or overpowering drug, matter or thing. R.S.C., c. 162, ss. 15 and 16.

as to endanger

245. Every one is guilty of an indictable offence and liable Administerto fourteen years' imprisonment who unlawfully administers ing poison so to, or causes to be administered to or taken by any other life. person, any poison or other destructive or noxious thing, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm. R.S.C., c. 162, s. 17.

with intent

246. Every one is guilty of an indictable offence and Administerliable to three years' imprisonment who unlawfully admin- ing poison isters to, or causes to be administered to or taken by, any to injure. other person any poison or other destructive or noxious thing, with intent to injure, aggrieve or annoy such person. R.S.C., c. 162, s. 18.

explosives.

247. Every one is guilty of an indictable offence and Causing bodi liable to imprisonment for life who unlawfully and by the ly injuries by explosion of any explosive substance burns, maims, disfigures, disables or does any grievous bodily harm to any person R.S.C., c. 162, s. 21.

248. Every one is guilty of an indictable offence and Attempting to liable, in case (a.) to imprisonment for life and in case (b.) to cause bodily fourteen years' imprisonment, who unlawfully

(a.) with intent to burn, maim, disfigure or disable any person, or to do some grievous bodily harm to any person, whether any bodily harm is effected or not

(i.) causes any explosive substance to explode;

(ii) sends or delivers to, or causes to be taken or received by, any person any explosive substance, or any other dangerous or noxious thing;

(iii) puts or lays at any place, or casts or throws at or upon, or otherwise applies to, any person any corrosive fluid, or any destructive or explosive substance; or

(b.) places or throws in, into, upon, against or near any building, ship or vessel any 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 injury is effected. R.S.C., c. 162, ss. 22 and 23.

injuries by explosives.

and man

249. Every one is guilty of an indictable offence and liable Setting to five years' imprisonment who sets or places, or causes to spring-guns be set or placed, any spring-gun, man-trap, or other engine cal- traps. culated to destroy human life or inflict grievous bodily harm, with the intent that the same or whereby the same

may

Intentionally

may destroy, or inflict grievous bodily harm upon, any trespasser or other person coming in contact therewith.

2. Every one who knowingly and wilfully permits any such spring-gun, man-trap or other engine which has been set or placed by some other person, in any place which is in, or afterwards comes into, his possession or occupation, to continue so set or placed shall be deemed to have set or placed such gun, trap or engine with such intent as aforesaid.

3. This section does not extend to any gin or trap usually set or placed with the intent of destroying vermin or noxious animals. R.S.C., c. 162, s. 24.

250. Every one is guilty of an indictable offence and the safety of liable to imprisonment for life who unlawfully

endangering

persons on railways.

Negligently endangering the safety of

persons on railways.

Negligently

causing bodily

(a.) with intent to injure or to endanger the safety of any person travelling or being upon any railway,

(i.) puts or throws upon or across such railway any wood, stone, or other matter or thing;

(ii) takes up, removes or displaces any rail, railway switch, sleeper or other matter or thing belonging to such railway, or injures or destroys any track, bridge or fence of such railway, or any portion thereof;

(iii) turns, moves or diverts any point or other machinery belonging to such railway;

(iv.) makes or shows, hides or removes any signal or light upon or near to such railway;

(v.) does or causes to be done any other matter or thing with such intent; or

(b.) throws, or causes to fall or strike at, against, into or upon any engine, tender, carriage or truck used and in motion upon any railway any wood, stone or other matter or thing, with intent to injure or endanger the safety of any person being in or upon such engine, tender, carriage or truck, or in or upon any other engine, tender, carriage or truck of any train of which such first mentioned engine, tender, carriage or truck forms part. R.S.C., c. 162, ss. 25 and 26.

251. Every one is guilty of an indictable offence and liable to two years' imprisonment who, by any unlawful act, or by any wilful omission or neglect of duty, endangers or causes to be endangered the safety of any person conveyed or being in or upon a railway, or aids or assists therein. R.S.C., c. 162, s. 27.

252. Every one is guilty of an indictable offence and liable injury to any to two years' imprisonment who, by any unlawful act, or person. by doing negligently or omitting to do any act which it is his duty to do, causes grievous bodily injury to any other person. R.S.C., c. 162, s. 33.

Injuring per

sons by furious

253. Every one is guilty of an indictable offence and driving. liable to two years' imprisonment who, having the charge

of

of any carriage or vehicle, by wanton or furious driving, or racing or other wilful misconduct, or by wilful neglect, does or causes to be done any bodily harm to any person. R.S.C., c. 162, s. 28.

the saving of

254. Every one is guilty of an indictable offence and Preventing liable to seven years' imprisonment who prevents or impedes, the life of any or endeavours to prevent or impede

Cany shipwrecked person in his endeavour to save his life; or

(b.) who without reasonable cause prevents or impedes, or endeavours to prevent or impede, any person in his endeavour to save the life of any shipwrecked person. R.S.C., c. 81, s. 36.

person ship (a)

wrecked.

Amended 56. Vie, C. 32

255. Every one is guilty of an offenc and liable, on Leaving holes summary conviction, to a fine or imprisonment with or in the ice and without hard labour (or both) who

(a.) cuts or makes, or causes to be cut or made, any hole, opening, aperture or place, of sufficient size or area to endanger human life, through the ice on any navigable or other water open to or frequented by the public, and leaves such hole, opening, aperture or place, while it is in a state dangerous to human life, whether the same is frozen over or not, uninclosed by bushes or trees or unguarded by a guard or fence of sufficient height and strength to prevent any person from accidentally riding, driving, walking, skating or falling therein; or

(b.) being the owner, manager or superintendent of any abandoned or unused mine or quarry or property upon or in which any excavation has been or is hereafter made, of a sufficient area and depth to endanger human life, leaves the same unguarded and uninclosed by a guard or fence, of sufficient height and strength to prevent any person from accidentally riding, driving, walking or falling thereinto; or

(c.) omits within five days after conviction of any such offence to make the inclosure aforesaid or to construct around or over such exposed opening or excavation a guard or fence of such height and strength.

2. Every one whose duty it is to guard such hole, opening, aperture or place is guilty of manslaughter if any person loses his life by accidentally falling therein while the same is unguarded. R.S.C., c. 162, ss. 29, 30, 31 and 32.

256. Every one is guilty of an indictable offence and liable to five years' imprisonment who

(a.) sends, or attempts to send, or is party to sending, a ship registered in Canada to sea, or on a voyage on any of the inland waters of Canada, or on a voyage from any port or place on the inland waters of Canada to any port or place on the inland waters of the United States, or on a voyage from any port or place on the inland waters of the United

7

States

excavations
unguarded.

Sending
unseaworthy
ships to sea.

Imended
56. Vil. C.32.

Taking un-
seaworthy
ships to sea.

States to any port or place on the inland waters of Canada in such unseaworthy state, by reason of overloading or underloading or improper loading, or by reason of being insufficiently manned, or from any other cause that the life of any person is likely to be endangered thereby, unless he proves that he used all reasonable means to insure her being sent to sea or on such voyage in a seaworthy state, or that her going to sea or on such voyage in such unseaworthy state was, under the circumstances, reasonable and justifiable. 52 Vic., c. 22, s. 3.

257. Every one is guilty of an indictable offence and liable to five years' imprisonment who, being the master of a ship registered in Canada knowingly takes such ship to sea, or on a voyage on any of the inland waters of Canada, or on a voyage from any port or place on the inland waters of Canada to any port or place on the inland waters of the United States, or on a voyage from any port or place in the United States to any port or place on the inland waters of Canada, in such unseaworthy state, by reason of overloading or underloading or improper loading, or by reason of being insufficiently manned, or from any other cause, that the life of any person is likely to be endangered thereby, unless he proves that her going to sea or on such voyage in such unseaworthy state was, under the circumstances, reasonable and justifiable. 52 V., c. 22, s. 3.

Assault
defined.

Indecent

assaults on
females.

Indecent
assaults on
males.

PART XX.

ASSAULTS.

258. An assault is the act of intentionally applying force to the person of another, directly or indirectly, or attempting or threatening, by any act or gesture, to apply force to the person of another, if the person making the threat has, or causes the other to believe, upon reasonable grounds, that he has, present ability to effect his purpose, and in either case, without the consent of the other or with such consent, if it is obtained by fraud.

259. Every one is guilty of an indictable offence and liable to two years' imprisonment, and to be whipped, who(a.) indecently assaults any female; or

(b.) does anything to any female by her consent which but for such consent would be an indecent assault, such consent being obtained by false and fraudulent representations as to the nature and quality of the act. 53 V., c. 37,

s. 12.

260. Every one is guilty of an indictable offence and liable to ten years' imprisonment and to be whipped who

Amended 26 vie. C.52.

assaults

assaults any person with intent to commit sodomy, or who, Amended being a male, indecently assaults any other male person. 56. Vie@.32.

R.S.C., c. 157, s. 2.

child under

261. It is no defence to a charge or indictment for any Consent of indecent assault on a young person under the age of fourteen fourteen no years to prove that he or she consented to the act of inde- defence. cency. 53 V., c. 37, s. 7.

ing actual

262. Every one who commits any assault which occasions Assaults causactual bodily harm is guilty of an indictable offence and bodily harm. liable to three years' imprisonment. R.S.C., c. 162, s. 35.

263. Every one is guilty of an indictable offence and Aggravated liable to two years' imprisonment who

(a.) assaults any person with intent to commit any indictable offence; or

(b.) assaults any public or peace officer engaged in the execution of his duty, or any person acting in aid of such officer; or

(c.) assaults any person with intent to resist or prevent the lawful apprehension or detainer of himself, or of any other person, for any offence; or

(d.) assaults any person in the lawful execution of any process against any lands or goods, or in making any lawful distress or seizure, or with intent to rescue any goods taken under such process, distress or seizure; R.S.C., c. 162, s. 34.

(e.) on any day whereon any poll for any election, parliamentary or municipal, is being proceeded with, within the distance of two miles from the place where such poll is taken or held, assaults or beats any person.

assault.

264. Every one is guilty of an indictable offence and Kidnapping. liable to seven years' imprisonment who, without lawful authority, forcibly seizes and confines or imprisons any other person within Canada, or kidnaps any other person with intent

(a.) to cause such other person to be secretly confined or imprisoned in Canada against his will; or

(b.) to cause such other person to be unlawfully sent or transported out of Canada against his will; or

(c.) to cause such other person to be sold or captured as a slave, or in any way held to service against his will.

2. Upon the trial of any offence under this section the nonresistance of the person so kidnapped or unlawfully confined thereto shall not be a defence, unless it appears that it was not caused by threats, duress or force or exhibition of force. R.S.C., c. 162, s. 46.

265. Every one who commits a common assault is guilty Common of an indictable offence and liable, if convicted upon an assaults. indictment, to one year's imprisonment, or to a fine not

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exceeding

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