Criminal Code. (b.) To excite disaffection against the Sovereign, or the Gov- (c.) To excite His Majesty's subjects to attempt to procure (d.) To raise discontent or disaffection amongst His Majesty's (e.) To promote feelings of ill-will and enmity between is a seditious intention, unless it is justified by the provisions of 45. IT is lawful for any person (a.) To endeavour in good faith to show that the Sovereign (b.) To point out in good faith errors or defects in the Gov- (c.) To excite in good faith His Majesty's subjects to attempt (d.) To point out in good faith in order to their removal any 46. A SEDITIOUS enterprise is an enterprise which is undertaken in order to the carrying out of a seditious intention. Seditious words are words expressive of a seditious intention. The term "seditious writing" includes anything intended to be read, and any sign or visible representation, which is expressive of a seditious intention. 47. ANY person who Innocent intentions. Definition of seditious enterprises, etc. Unlawful oaths to offences. (1.) Administers or is present at and consents to the commit capital administering of, any oath or engagement in the nature of Other unlawful oaths to commit offences. Compulsion, how far a defence. Criminal Code. of an oath, purporting to bind the person who takes it to commit any crime punishable with death; or (2.) Takes any such oath or engagement, not being compelled to do so; or (3.) Attempts to induce any person to take any such oath or engagement; is guilty of a crime, and is liable to imprisonment with hard labour for life. (1.) Administers, or is present at and consents to the (b.) To commit any indictable offence not punishable (r.) To disturb the public peace ; (d.) To be of any association, society, or confederacy, (e.) To obey the order or commands of any committee (9.) Not to reveal or discover any unlawful association, (3.) Attempts to induce any person to take any such oath or engagement; is guilty of a crime, and is liable to imprisonment with hard labour for seven years. 49. A PERSON who takes any such oath or engagement as is mentioned in the two last preceding sections cannot set up as a defence that he was compelled to do so, unless within fourteen days after Criminal Code. after taking it, or, if he is prevented by actual force or sickness, within fourteen days after the termination of such prevention, he declares by information on oath before some member of the Executive Council or justice of the peace, or, if he is on actual service in His Majesty's forces by sea or land, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken. 50. A PERSON who has been tried, and convicted or acquitted, on a charge of any of the crimes herein before in this chapter defined, cannot be afterwards prosecuted upon the same facts for the crime of treason, or for the crime of failing, when he knows that any person intends to commit treason, to give information thereof with all reasonable despatch to a justice or use other reasonable endeavours to prevent the commission of the crime. 51. (1.) ANY person who (a.) In contravention of the directions of a proclamation (b.) Is present at any meeting or assembly of persons held (2.) Any person who, at any meeting or assembly held in contravention of the directions of a proclamation of the Governor in Council in that behalf, is trained or drilled to the use of arms or the practice of military exercise, movements, or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour, and is liable to imprisonment for two years. The offender may be arrested without warrant. (3) A prosecution for any of the offences defined in this section must be begun within six months after the offence is committed. 52. ANY person who- (1.) Conspires with any person to carry into execution a Effect of prosecu tion. Unlawful drilling. Sedition. (2.) Defamation of Interference with Interference with the Legislature. Disturbing the Criminal Code. (2.) Advisedly publishes any seditious words or writing: is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. If he has been previously convicted of any such offence he is guilty of a crime, and is liable to imprisonment with hard labour for seven years. A prosecution for any of the offences defined in this section must be begun within six months after the offence is committed. A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness. 53. ANY person who, without such justification or excuse as would be sufficient in the case of the defamation of a private person, publishes anything intended to be read, or any sign or visible representation, tending to expose to hatred or contempt in the estimation of the people of any Foreign State any Prince or person exercising sovereign authority over that State, is guilty of a misdemeanour, and is liable to imprisonment for two years. CHAPTER VIII.-OFFENCES AGAINST THE EXECUTIVE AND 54. ANY person who advisedly (1.) Does any act calculated to interfere with the free exercise by the Governor of the duties or authority of his office; or (2.) Does any act calculated to interfere with the free exercise by a member of the Executive Council of the duties or authority of his office as a member of the Executive Council or as a Minister of State; is guilty of a misdemeanour, and is liable to imprisonment for three years. 55. ANY person who advisedly, by force or fraud, interferes or attempts to interfere with the free exercise by either House of Parliament of their authority, or with the free exercise by any member of either House of his duties or authority as such member, or as a member of a Committee of either House, or of a joint Committee of both Houses, is guilty of a misdemeanour, and is liable to imprisonment for three years. 56. ANY person who advisedly- (1.) Disturbs either House of Parliament while in session ; or (2.) Commits any disorderly conduct in the immediate view and presence of either House of Parliament while in session Criminal Code. session, tending to interrupt its proceedings or to impair is guilty of a misdemeanour, and is liable to imprisonment for three years. 57. ANY person who in the course of an examination before False evidence either House of Parliament, or before a Committee of either House, before Parliament, or before a joint Committee of both Houses, knowingly gives a false answer to any lawful and relevant question put to him in the course of the examination is guilty of a crime, and is liable to imprisonment with hard labour for seven years. The offender cannot be arrested without warrant. A person cannot be convicted of the offence defined in this section upon the uncorroborated testimony of one witness. 58. ANY person who— Threatening witness before Parlia (1.) Threatens to do any injury, or cause any detriment of ment. is guilty of a misdemeanour, and is liable, on conviction, to imprison- 59. ANY person who (1.) Being duly summoned to attend as a witness or to pro- (2.) Being present before either House of Parliament, or mon Witnesses refusing to attend or give evi dence before Parliament or Parliamentary Committee. |